|
home >
terms of use
Last Updated September 24, 2007
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. VIZ
Media, LLC (“VIZ Media”) provides its web sites and all site-related
services (collectively, the “Sites”) subject to your compliance
with the following terms and conditions (the “Terms of Use”). BY
USING ANY SITE(S), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AS
WELL AS OUR PRIVACY POLICY. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY,
PLEASE DO NOT USE THE SITES. IF YOU ARE A MINOR, BE SURE TO GET YOUR
PARENT OR LEGAL GUARDIAN TO REVIEW AND AGREE TO THESE TERMS OF USE AND
OUR PRIVACY POLICY ON YOUR BEHALF.
1. Description of the Sites. These Sites are related to the characters
and titles of the manga and animation products distributed or licensed
by VIZ Media or its affiliated and related entities. Please note
that the Sites are provided for use by individuals only. Organizations,
companies, and/or businesses may not become registered members and
should not use the Sites or the Materials for any purpose.
2. Changes To the Sites and the Terms of Use. VIZ Media reserves the
right, in its sole discretion, to modify or update these Terms of Use
at any time. Such changes or updates shall become effective immediately
upon the posting of the changes or updates on the Sites. Please review
these Terms of Use periodically. You can determine when the Terms of
Use were last updated by referring to the “LAST UPDATED” legend
at the top of these Terms of Use. If you have any questions concerning
the meaning or application of these Terms of Use, please direct such
questions to: privacypolicy@viz.com.
In addition, when using the Sites, you agree that you are subject to
any additional posted guidelines, rules, or terms and conditions applicable
to services made available on the Sites, which are hereby incorporated
by reference into this Agreement.
We also reserve the right, at any time and from time to time, temporarily
or permanently, to modify or discontinue one or more Sites, or any
portion thereof, including any features, products, promotions, content
or services offered through the Sites, with or without notice and/or
to offer opportunities to some or all users of the Sites. You
agree that we shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Sites, in whole
or in part, or of any feature, product, promotion, content or service
offered through the Sites. Your continued use of the Sites
after such changes will indicate your acceptance of such changes.
3. Registration. You may be provided the opportunity to register to become
a member of one or more of the Sites. In some instances, VIZ Media
may also require registration to gain access to certain Site areas or services. If
you choose to register on our Sites, you agree to (a) provide accurate, current
and complete information about yourself as prompted by the applicable registration
form,and (b) maintain and update your information (including
your e-mail address) to keep it accurate, current and complete. You
acknowledge that, if any information provided by you is untrue, inaccurate,
not current, or incomplete, we reserve the right to terminate your use of
our Sites. You may not include in your member profile any telephone
numbers or street addresses. You (or your parent/legal guardian if
you are a minor) must be the email account holder for any email addresses
that you list in your account information or subsequently provide in connection
with the Sites. You will be responsible for the confidentiality of
your username and password and agree not to transfer or resell your use of
or access to the Sites to any third party. If you have reason to believe
that your account with us is no longer secure, you must immediately notify
us by email at privacypolicy@viz.com. YOU
ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME
AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE)
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Proprietary Rights in Materials on the Sites. VIZ Media and/or its licensors and
suppliers own and retain all proprietary rights in the Sites and in information
and materials provided through the Sites, including but not limited to the
characters, logos, graphics, illustrations, data, text, artwork, images,
audio and video, icons, software, including but not limited to images
or files incorporated in or generated by the software or data accompanying
such software, and links (collectively, the “Materials”) provided
through the Sites. The Materials are derived in whole or in part from
material supplied by VIZ Media and its licensors and suppliers, and are protected
by U.S. and international copyright trademark, patent, and/or other proprietary
rights and laws. No Materials may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way or decompiled, reverse
engineered or disassembled, unless the Material is in the public domain or
you have obtained written permission and maintain all legal notices in tact
or as provided by VIZ. Modification of the Materials or use of the Materials
in whole or in part for any non-approved purpose is a violation of VIZ Media's
and its licensors’ and suppliers’ copyright, trademark and other
proprietary rights.
The trademarks, logos, and service marks displayed on the Sites (collectively,
the “Trademarks”) are the registered and unregistered trademarks
of VIZ Media, its licensors and suppliers, and others. Nothing contained
on the Sites should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark without the express
written permission of VIZ Media, its licensors or suppliers, or the third
party owner of any such Trademark. Misuse of any Trademarks is prohibited,
and VIZ Media will enforce its intellectual property rights in such Trademarks.
The Sites are for the personal use of individual Internet users and may
not be transferred, assigned, or used in connection with any commercial or
illegal endeavors. Organizations, companies, and/or businesses may not become
registered members and should not use the Sites for any purpose.
5. Submitted Content. While using the Sites, you may have the
opportunity to post or transmit to the Sites notes, messages, e-mails,
billboard postings, photos, drawings, profiles, opinions, ideas,
images, videos, audio files or other materials or information posted
or transmitted to the Sites (collectively, “Submitted Content”). By
sending or transmitting Submitted Content to us, or by posting Submitted
Content to any area of the Sites, you grant us and our designees
a worldwide, non-exclusive, sublicensable (through multiple tiers),
assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works of,
publicly perform, publicly display, make, have made, sell, offer
for sale and import such Submitted Content in any media now known
or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to you or any third party. You
hereby represent and warrant that you have all rights necessary for
you to grant the licenses granted in this section, and that the Submitted
Content, and your provision thereof to and through the Sites, complies
with all applicable laws, rules and regulations. You further
irrevocably waive any "moral rights" or other rights with
respect to attribution of authorship or integrity of materials regarding
the Submitted Content that you may have under any applicable law
under any legal theory./p>
VIZ Media reserves the right, but has no obligation, to (a) evaluate
Submitted Content before allowing it to be posted on the Sites, and
(b) monitor the Submitted Content posted on the Sites. You
acknowledge and agree that VIZ Media may, in its sole discretion,
(y) review, edit, reject, refuse to post and/or delete any Submitted
Content; and (z) disclose any Submitted Content, and the circumstances
surrounding their transmission, to any third party in order to operate
the Site; to protect VIZ Media and its employees, officers, directors,
shareholders, agents, representatives and affiliates, and the Sites’ users
and visitors; to comply with legal obligations or governmental requests;
to enforce these Terms of Use; or for any other reason or purpose. Notwithstanding
these rights, YOU REMAIN SOLELY RESPONSIBLE FOR THE SUBMITTED
CONTENT THAT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR
PRIVATE E-MAIL MESSAGES.
We neither endorse nor are responsible for information or content
posted in the public areas of the Sites, or for any opinion, advice,
information, or other statement made or displayed on the Site by
third parties. The opinions expressed in such postings reflect
solely the opinions of the participants and may not reflect the opinions
of VIZ Media. We are not responsible for any errors, omissions
or unauthorized content in articles or postings, for hyperlinks embedded
in messages, or for any results obtained from the use of such information. Under
no circumstances will we or our affiliates, suppliers or agents be
liable TO YOU for any loss or damage caused by your reliance on such
information obtained through the Sites.
6. Creative Submissions/Communications. VIZ Media does not accept or
consider creative ideas, suggestions or materials other than those VIZ Media
has specifically requested. This is to avoid the possibility of future
misunderstandings when projects independently developed by VIZ Media or its
agents might seem to others to be similar to their own creative ideas, suggestions
or materials. If you do send us or post any unsolicited creative materials,
including creative suggestions, ideas, notes, drawings, concepts or other
information or if you transmit to the Sites by electronic mail or otherwise,
communications including any data, questions, comments, suggestions, or the
like (collectively, the “Information”), the Information shall
be deemed to be, and shall remain, the property of VIZ Media. None
of the Information shall be subject to any obligation of confidence on the
part of VIZ Media, and VIZ Media shall not be liable for any use or disclosure
of any Information. You hereby assign to VIZ Media all right, title
and interest in and to the Information, including all intellectual property
rights now known or hereafter existing throughout the universe, and VIZ Media
shall be entitled to unrestricted use of the Information for any purpose
whatsoever, commercial or otherwise, without compensation to the provider
of the Information.
7. Rules of Conduct on the Sites.
We expect users of the Sites to respect the rights and dignity
of others. Your use of the Sites is conditioned on your compliance
with the rules of conduct set forth in this section:
a. You may not post or transmit Submitted Content (even if made in a joking,
sarcastic or unintended manner) that:
- is patently offensive to the online community, such as Submitted Content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of junk mail, chain letters, or unsolicited mass
mailing or spamming;
- expresses or implies that any statements you make are endorsed by us, without
our prior written consent;
- promotes information that is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not
limited to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity);
- promotes an illegal or unauthorized copy of another person's trade secrets
or copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- provides material that exploits people in a sexual or violent manner;
- solicits personally identifiable information from anyone under 18;
- harvests or collects information about Site visitors without their express
consent;
- provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
- contains video, photographs, or images of another person age 18 or older
without his or her express written consent and permission, or those of any
minor (regardless of whether you have the minor’s or his or her legal
guardian’s consent).
- tries to gain unauthorized access to the Sites or to profiles, blogs, communities,
account information, bulletins, friend request, or other areas of the Sites
or solicits passwords or personal identifying information from other users
for purposes that are commercial, unlawful, or otherwise contrary to these
Terms of Use;
- engages in commercial activities and/or sales without VIZ Media's prior
written consent such as contest, sweepstakes, barter, advertising and pyramid
schemes;
- solicits gambling or engages in any gambling activity;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Sites or any other
individual's user and enjoyment of similar services, such as “hacking” or
defacing any portion of the Sites; or
- refers or links to any website or URL that, in the sole discretion of VIZ
Media, contains material that is inappropriate for the Sites, contains content
that would be prohibited on the Sites, or violates the letter or spirit of
these Terms of Use.
b. You may not use any robot, spider, site search/retrieval application or
other manual or automatic device to retrieve, index, "scrape," "data
mine" or in any way reproduce or circumvent the navigational structure
or presentation of the Sites without VIZ Media’s prior written consent.
c. You must use the Sites and Materials in a manner consistent with any and
all applicable laws and regulations. Illegal and/or unauthorized uses
of the Sites, including without limitation, collecting user names and/or
email addresses of users of the Sites by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or linking
to the Sites, are not permitted.
d. You may not engage in advertising to, or solicitation of, other users through
the Sites to buy or sell any products or services. You may not transmit
any chain letters or unsolicited commercial or junk email to other users. Although
VIZ Media cannot monitor the conduct of its users off the Sites, it is also
a violation of these rules to use any information obtained from the Sites
in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any users without their prior express consent. In
order to protect our registered members from such advertising or solicitation,
VIZ Media reserves the right to restrict the number of messages or emails
that a member may send through the Sites to other registered members in any
24-hour period to a number that VIZ Media deems appropriate in its sole discretion.
8. Online Purchases. If you wish to purchase products or services described
on the Sites, you will be asked by VIZ Media or the third party provider
of the product or service to supply certain information applicable to your
purchase, including, without limitation, credit card and other information. You
understand that any such information will be treated by VIZ Media in the
manner described in our Privacy Policy, which can be found here. You agree that all information that you provide to
VIZ Media or such third party provider will be accurate, current and complete. You
agree to pay all charges incurred by you or any users of your account and
credit card (or other applicable payment mechanism) at the price(s) in effect
when such charges are incurred. You will also be responsible for paying
any applicable taxes and shipping charges relating to your purchases.
Descriptions or images of, or references to, products or services on the
Site do not imply VIZ Media’s endorsement of such products or services. VIZ
Media reserves the right, without prior notification, to change such descriptions
or references, to limit the order quantity on any product or service and/or
to refuse service to you. Verification of information applicable to
a purchase may be required prior to VIZ Media’s acceptance of any order. Price
and availability of any product(s) is/are subject to change without notice. Your
correspondence or business dealings with, or participation in promotions
of, advertisers or other third parties found on or through the Sites, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser or other third party. VIZ Media shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence, acts or omissions
of such advertisers or third parties on the Sites.
9. Contests and Sweepstakes, and Other Activities. VIZ Media may provide
rules for certain promotional activities on the Sites including, without
limitation, contests and sweepstakes by VIZ Media and in conjunction with
third parties. These Terms of Use are incorporated by reference to
the specific promotion rules or terms and conditions, which may appear in
connection with information on the Sites about a particular activity. To
the extent that any conflict exists between these Terms of Use and specific
rules for a promotional activity, the rules for the promotional activity
in which you choose to participate shall govern that promotion but shall
not otherwise modify the Terms of Use.
10. Hyperlinks. The appearance of websites or external hyperlinks on the
Sites does not constitute endorsement by VIZ Media or its subsidiaries and
affiliates of the opinions or views expressed by these linked sites. VIZ
Media has no control over these linked sites, and is not responsible for
the availability of such sites, and VIZ Media does not verify, endorse, or
take responsibility for the accuracy, currency, completeness or quality of
the content contained in such linked sites.
YOU AGREE THAT YOUR USE OF LINKED WEBSITES AND RESOURCES, INCLUDING
YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER
MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR
OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO
SUCH SITES AND RESOURCES.
VIZ Media welcomes links to the Sites. You may establish a link to
the Sites, subject to the following express conditions: (a) the link
from your site to the Sites does not state or imply any sponsorship or endorsement
of your site by VIZ Media, its affiliates, or any company, group or individual
affiliated with VIZ Media; (b) you may not reproduce or otherwise commercially
exploit any Site or any intellectual property contained therein in any manner
or medium whatsoever, nor may you allow or authorize others to do so; (c) your
site may not include, advertise or be associated with any of the following
items: (i) “adult” or sex related items; (ii) tobacco products;
(iii) alcoholic beverages; (iv) firearms, fireworks, ammunition and
other weapons; (v) legal or illegal gambling; (vi) illegal drugs; (vii)
unlawful, harassing, defamatory, libelous, abusive, threatening, harmful,
vulgar or obscene communications; (viii) computer worm, virus, hacking or
spam; or (ix) any unlawful activity; (d) you do not use on your site
any Trademarks or Materials appearing on the Sites, including but not limited
to any logos or characters, without our prior express written consent or
the consent of any third party owner of such Trademarks or Materials; and
(e) you may not frame or otherwise incorporate into another website
any of the Materials on the Sites without our prior express written consent.
11. Blog Pages. You are welcome to transmit or submit comments or email messages (collectively Messages) to our blog pages or other locations designated by us for such use (collectively "Blog Pages"). However, your submission is subject to the terms below and VIZ Media accepts no responsibility whatsoever in connection with or arising from such Messages, or any Messages posted by its employees.
VIZ Media does not endorse and has no control over the content of Messages submitted by others to Blog Pages. Messages submitted to Blog Pages, even if posted by VIZ Media employees, are not necessarily reviewed by VIZ Media prior to submiting or posting and do not necessarily reflect the opinions or policies of VIZ Media. VIZ Media makes no warranties, express or implied, as to the content of the Messages in the Blog Pages or the accuracy and reliability of any Messages and other materials in the Blog Pages.
You are solely responsible for the content of any Messages you submit to Blog Pages or to this Site. Please choose carefully the information you submit on this Site and that you provide.
VIZ Media assumes no responsibility for actively monitoring Blog Pages for inappropriate Messages. If at any time VIZ Media chooses, in its sole discretion, to monitor the Blog Pages, VIZ Media nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the person submitting any Message. In submitting Messages to Blog Pages, you agree to strictly limit yourself to discussions about the subject matter for which the Blog Pages are intended. You agree that VIZ Media accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
In addition, children under the age of 13 are not authorized to submit Messages or participate in Blog Pages on this Site, without parental permission.
The following is a partial list of the content that you are prohibited from submitting to Blog Pages or elsewhere on this Site. You agree that you will not submit Messages to Blog Pages or to this Site that:
- disclose personally identifiable information, such as your full
name, email address, telephone number or street address;
- are unlawful, threatening, obscene, vulgar, pornographic, profane
or indecent, including any communication that constitutes (or
encourages conduct that would constitute) a criminal offense,
gives rise to civil liability or otherwise violates any local,
state, national or international law;
- include photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter;
- violate the copyright, trademark or other intellectual property
rights of any other person. By submitting Messages to Blog Pages, you
represent to VIZ Media that you are the rightful owner of such material
or that you have first obtained permission to submit the material
from the rightful owner;
- improperly assume or claim the identity, characteristics or
qualifications of another person;
- are for purposes of spamming;
- contain any virus or other harmful component;
- are libelous, or an invasion of privacy or publicity rights or any
other third party rights; or
- are for commercial purposes or contain advertising or are intended
to solicit a person to buy or sell services or to make donations.
Despite these prohibitions on the content of Messages, information provided by other Persons may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VIZ Media assumes no responsibility or liability for this material. If you become aware of misuse of the Blog Pages by any person, please contact blog @VIZ Media.com. VIZ Media reserves the right, in its sole discretion, to reject, refuse to submit or remove any submiting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Blog Pages at any time, for any or no reason, with or without prior notice, and without liability. You agree to release VIZ Media, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Blog Pages. If at any time you are not happy with the Blog Pages or object to any material within Blog Pages, your sole remedy is to cease using them.
You agree that any Message whatsoever submitted by you becomes the property of VIZ Media and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as VIZ Media sees fit. By submitting your message, you agree that VIZ Media, LLC, its affiliated companies, and their successors and licensees will have the unlimited right, without charge and for no consideration, to use any portion of your message (and your first name and city if you've submitted same) in all media now known or hereafter created worldwide and in perpetuity in connection with marketing, commercial use, advertising, promotion and publicity related to the business of VIZ Media.
12. Copyrights and Copyright Agent. VIZ Media respects the rights of all
copyright holders and in this regard, VIZ Media has adopted and implemented
a policy that provides for the termination in appropriate circumstances of
users, members and account holders who infringe the rights of copyright holders. If
you believe in good faith that materials hosted by the VIZ Media infringe
your copyright under U.S. law, please provide VIZ Media's Copyright Agent
the following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):
- A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining
party;
- A statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice. Please
be aware that there are penalties for false claims under the DMCA. Notices
with respect to the Sites should be sent to:
Online Manager (Legal Matter)
VIZ Media, LLC
295 Bay Street
San Francisco, CA 94133
(415) 546-7073
Email: privacypolicy@viz.com
13. Access By Minors. Pursuant to 476 U.S.C. Section 230(d), as amended,
we hereby notify you that parental control protections (such as computer
hardware, software or filtering services) are commercially available that
may assist you in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available at the web
site of America Links Up (http://www.netparents.org/parentstips/browers.html).
14. User Disputes. You are solely responsible for your interactions with
other users. VIZ Media reserves the right, but has no obligation to monitor
communications and any disputes between you and other users.
15. Disclaimers and Limitation on Liability. Your use and browsing of
the Sites is at your risk. If you are dissatisfied with anything contained
in the Sites, or with and of these Terms of Use, your sole and exclusive
remedy is to discontinue accessing and using the Sites.
VIZ Media assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or
alteration of, user or member communications. VIZ Media is
not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet or at
any Sites or combination thereof, including injury or damage to users
and/or members or to any other person's computer related to or resulting
from participating or downloading materials in connection with the
Internet and/or in connection with the Sites. Under no circumstances
will VIZ Media be responsible for any loss or damage, including personal
injury or death, resulting from anyone’s use of the Sites or
any Materials posted on the Sites or transmitted to members, or any
interactions between users of the Sites, whether online or offline. VIZ
Media cannot guarantee and does not promise any specific results
from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
VIZ Media NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU
FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES,
LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION
YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED
INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF VIZ Media
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING
THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE MAXIMUM LIABILITY TO VIZ
Media FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
16. U.S. Export Controls. Materials downloaded from the Sites may be subject
to United States export controls. No Materials may be downloaded from
the Sites or otherwise exported or re-exported (i) into any country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using any Materials from the
Sites, you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
17. Geographic Limitations. Unless otherwise specified, Materials available
through the Sites are presented solely for the purpose of entertainment and
promoting programs, events, products, and services available in the United
States. The Sites are controlled and operated by VIZ Media from its
offices within the State of California. The Sites are intended exclusively
for residents of the United States. We reserve the right to limit the
availability of the Sites and/or the provision of any service, program, or
other product described upon the Sites to any person, geographic area or
jurisdiction, at any time and in our sole discretion, and to limit the quantities
of any such service, program, or other product that we provide. Residents
outside of the United States understand and consent that the data submitted
on the Sites will be transmitted to and processed within the United States. VIZ
Media makes no representation that Materials available through the Sites
are appropriate or available for use in any particular location. Those
who choose to access the Sites do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
18. Applicable Law; Disputes. These Terms of Use, and any and all disputes,
issues, controversies or matters arising herefrom or related hereto or otherwise
arising from or related to the Sites, shall be governed by and construed
exclusively in accordance with the laws and decisions of the State of California,
without giving effect to its choice of law or conflict of law provisions. You
agree that the state and federal courts sitting in San Francisco, California
shall be the exclusive forum and situs for the resolution of any and all
disputes, issues, controversies or matters arising herefrom or related hereto
or otherwise arising from or related to the Sites, and that any such disputes,
issues, controversies or matters shall be resolved individually, without
resort to any form of class action. You hereby consent to personal
jurisdiction and venue in Northern California and service of process by certified
mail.
19. Indemnification. You agree to indemnify, defend and hold harmless,
VIZ Media, it affiliates, and their respective officers, directors, employees,
agents, licensors, representatives, and third party providers to the Sites
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from (a) your use of, or activities in connection
with, the Site, or (b) any violation of these Terms of Use by you. VIZ
Media reserves the right to assume, at its sole expense, the exclusive defense
and control of any matter subject to indemnification by you, in which event
you will fully cooperate with VIZ Media in asserting any available defenses.
Questions. The Sites are provided by VIZ Media, LLC. If you
have any questions, comments or complaints regarding these Terms of Use or
the Sites, please contact:
Online Manager
295 Bay Street
San Francisco, CA 94133
(415) 546-7073
Email: privacypolicy@viz.com
20. Notice for California Users. Under California Civil Code Section 1789.3,
California users of the Sites are entitled to the following specific consumer
notice: The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted in writing
at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210.
21. Termination. These Terms of Use shall remain effective until terminated
in accordance with their provisions. VIZ Media reserves the right to
immediately terminate these Terms of Use, and/or your access to and use of
the Sites or any portion thereof, at any time and for any reason, with or
without cause, including without limitation, if VIZ Media believes, in its
sole discretion, that you have violated or acted inconsistently with these
Terms of Use. Upon such termination, your right to use the Sites shall
immediately cease, and you shall destroy all Materials obtained from the
Sites and all copies thereof, whether made under these Terms of Use or otherwise.
22. Other. These Terms of Use contains the entire agreement between you
and VIZ Media regarding the use of the Sites and supersedes all prior understandings
related to the Sites, cannot be changed orally, and if any provision or portion
of a provision of these Terms of Use is held invalid, the remainder of this
agreement and, if applicable, the affected provision shall continue in full
force and effect. No waiver by either party of any breach of default
hereunder shall be deemed to be a waiver or any preceding or subsequent breach
or default.
back to the top
|
|