This is an agreement with respect to your use of TOKYOPOP.com (“Website”) and its online services.  This Website is provided and operated by TOKYOPOP Inc. (“TOKYOPOP”).  By using the online services provided by TOKYOPOP on the Website (“Services”), you agree to be bound by these Terms of Use, whether or not you register as a member (“Member”).  As used in these Terms of Use, “you” and “your” refer to you and Member refers to you if you have satisfied all requirements to become a Member.  In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services (collectively, the “Guidelines”).  All such guidelines or rules are hereby incorporated by reference into the Terms of Use (“Agreement”).  By continuing to access or use this Website, or any Service on this Website, you signify YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE.

Terms & Conditions
1. Members
Use of the Website or Services as a Member is limited to those satisfying the following conditions:
(a) You, whether an individual or legal entity, have completed TOKYOPOP’s registration procedures and agree to be bound by the terms and conditions of this Agreement and any other guidelines, rules, and policies set by TOKYOPOP, including our Privacy Policy;
(b) You represent and warrant that all registration information is truthful and accurate and that you will maintain the accuracy of such information;
(c) You are at least thirteen (13) years old;
(d) You are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction (such as the jurisdiction in which you live or, if you are a business entity, the jurisiction in which your business is incorporated or organized or conducts business);
(e) You understand and agree that you are responsible for having all telephone, modem, internet connection, intranet connection, extranet connection, other equipment, and software necessary to access the Website and Services and for the costs of such equipment, telephone connections, software and the use thereof, including any applicable taxes;
(f) You represent and warrant that you will not use the Website or Services in any manner that is in violation of this Agreement or of any applicable law or regulation; and
(g) You agree that your account is non-transferable and, therefore, may not be transferred to or used by anyone other than you.

2. User Account ID and Password
The Member will be solely responsible for the use and maintenance of his or her user account ID and password.  The Member may not sub-license, transfer, sell or assign his or her User account ID or password to a third party, or allow a third party to use his or her User ID in any manner.  Any use of the member’s User ID and password, even in the event that a third party uses such User ID and password, will be considered made by the User and User will be liable for all charges and costs incurred.  Regardless of the User’s negligence or willfulness, the TOKYOPOP will not be liable for any damages caused by a third party’s use of the Member’s User ID and password.  If the Member has reason to believe that his or her account is no longer secure, or in the event of a loss, theft, or unauthorized disclosure or use of his or her User ID, or password stored on the Services, the Member must promptly notify the TOKYOPOP of the problem at webmaster@tokyopop.com.
 
3. Cancellations or Termination of Membership
Upon termination by you or upon notice of termination by TOKYOPOP, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof.

(a)  Your Cancellation of Membership
You may cancel your membership from the Services at any time by providing the necessary information via e-mail to webmaster@tokyopop.com.  Upon TOKYOPOP’s receipt of your cancellation email, including necessary information for TOKYOPOP to identify your Member account, TOKYOPOP will send you confirmation via return e-mail that your request was received, and your account will be terminated within two (2) business days thereafter. 

(b) Termination of Membership by TOKYOPOP
TOKYOPOP reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, or to terminate your Membership for any or no reason, with or without prior notice.  TOKYOPOP will not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to the Website or Services.
Members will automatically lose their membership without prior notification if TOKYOPOP determines the member has (i) been inactive for over three (3) months; (ii) failed to pay applicable fees and charges; (iii) engaged in any of the “Prohibited Uses” outlined below.  Furthermore, TOKYOPOP may deny you future use of the Website or Services.

4.  Prohibited Uses
The following acts or content are prohibited and if you engage in any such acts or post or link to any such content, TOKYOPOP may terminate your membership without notice.

You agree NOT to use the Website or Services to:
i. Upload, post, link to, email or otherwise transmit any User Content that:
(1) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(2) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements);
(3) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or,
(4) contains 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;. 
ii. Harm a third party in any way;
iii. Impersonate any actual person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
v. Interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
vi. Intentionally or unintentionally violate any applicable local, state, national or international law;
x. "Stalk" or otherwise harass, or collect or store personal data about, other users;
vii. Cause an unreasonable or disproportionately large load on the Website infrastructure, or access the Website by any means other than through the interface that is provided by TOKYOPOP;
xii. Attempt to access any area of the Website or Services to which access is not authorized (TOKYOPOP can detect the unauthorized use of the systems through live logfile analysis and will ban any future use by offenders);
viii. Use, transfer, distribute or dispose of any information contained in the Website or Services in any manner that does or could compete with the business of TOKYOPOP;
ix. Engage in or instigate any illegal activities;
x. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or Content;
xi. use any network monitoring or discovery software to determine the Website architecture or to extract information about usage or users;
xii. use any robot, spider, other automatic device, or manual process to monitor or copy the Website or Content without TOKYOPOP’s prior written permission;
xiii. copy, modify, reproduce, republish, distribute, display, translate, or transmit for commercial, non-profit or public purposes all or any portion of the Website except when and to the extent TOKYOPOP provides written permission;
xiv. use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America;
xv. USE ANY OF THE MARKS (E.G., TOKYOPOP'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS, OR THOSE OF TOKYOPOP’S LICENSORS) WITHOUT TOKYOPOP’S PRIOR WRITTEN CONSENT NOR USE SUCH MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THE MARKS.
 
 
5. Modifications
TOKYOPOP, in its sole discretion and without notice, may (a) revise this Agreement; (b) modify the Website and/or the Services, and (c) discontinue the Website and/or Services at any time.  TOKYOPOP will post any revision to this Agreement to the Website, and the revision will be effective immediately on such posting.  You agree to review these Terms of Use and other online guidelines posted on the Website periodically to be aware of any revisions.  You agree that, by continuing to use or access the Website following the notice of any revision, you will abide by any such revision.  TOKYOPOP will not be liable for any damages or losses related to the modification, cancellation or termination of this Agreement, the Website and/or the Services.

6. Privacy Policy
To ensure that TOKYOPOP provides a high quality experience for you and for other users of the Website and the Services, you agree that TOKYOPOP and representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Services. 
Your use of the Website or Services is also governed by our Privacy Policy.  By using the Website or Services, you consent to the terms of our Privacy Policy and to TOKYOPOP’s processing of Personal Information for the purposes contained in our Privacy Policy.

7. DISCLAIMER OF WARRANTIES
TOKYOPOP HEREBY DISCLAIMS ALL WARRANTIES. TOKYOPOP IS MAKING THIS WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOKYOPOP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TOKYOPOP DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
 
8. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOKYOPOP HAS NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL TOKYOPOP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, OR OTHER MATERIALS PROVIDED TO YOU BY TOKYOPOP. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. 

9. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TOKYOPOP AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, DEMAND, OR LOSS INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, MADE OR OBTAINED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, LINK TO, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER MEMBER.

10. Compliance with Intellectual Property Laws
In addition to the Prohibited Uses set forth below, when accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Submissions (as defined below) you provide or transmit, or that is provided or transmitted using your User Account ID.

(a) Copyright
The content on the Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TOKYOPOP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  TOKYOPOP reserves all rights not expressly granted in and to the Website and the Content.  You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the TOKYOPOP Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TOKYOPOP Website or any of its the Content.
 
 
(b) Copyright Infringement
If you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing TOKYOPOP’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted 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;
iii. 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
iv. A statement that you have 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
v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to TOKYOPOP’s designated Agent for Notice. TOKYOPOP’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by mail at:

Copyright Agent
c/o TOKYOPOP Inc.
Business & Legal Affairs
5900 Wilshire Blvd. Suite 2000
Los Angeles, California 90034

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

For clarity, only DMCA notices should go to TOKYOPOP’s Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TOKYOPOP customer service through http://www.TOKYOPOP.com/contact.

11. User Submissions
The Website permits the submission of material you post to the public areas of www.tokyopop.com, including, for example, your user name, photographs, drawings, reviews, stories, comments, videos, and links to other websites ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TOKYOPOP does not guarantee any confidentiality with respect to any submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TOKYOPOP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to TOKYOPOP, you hereby grant TOKYOPOP a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and TOYOPOP’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

In connection with User Submissions, you further agree that you will not: (i) 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 TOKYOPOP all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TOKYOPOP or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. TOKYOPOP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TOKYOPOP expressly disclaims any and all liability in connection with User Submissions. TOKYOPOP does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TOKYOPOP will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TOKYOPOP reserves the right to remove Content and User Submissions without prior notice. TOKYOPOP will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. TOKYOPOP also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TOKYOPOP may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

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

TOKYOPOP takes no responsibility and assumes no liability for any User Submissions posted, stored or uploaded by you or any third party to the Website, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Website at your sole cost and expense.

12. Use of Downloaded Content
TOKYOPOP may make certain content or software available to you from the Website. If you download content, applications, or software from the Website (“Download Content”), the downloaded data, including all files and images contained in or generated by the software, and accompanying data (collectively “Download Content”) are deemed to be licensed to you by the TOKYOPOP, for your personal, noncommercial, home use only. TOKYOPOP does not transfer either the title or the intellectual property rights to the Download Content, and TOKYOPOP retains full and complete title to the Download Content as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Download Content to a human-perceivable form. All trademarks and logos are owned by TOKYOPOP or its licensors and you may not copy or use them in any manner.

13. Links and Affiliated Sites
This Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. TOKYOPOP will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.   TOKYOPOP has no control over, and no liability for any third party websites or materials. TOKYOPOP works with many partners and affiliates whose websites may be linked with the Website. TOKYOPOP makes no representations or guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and TOKYOPOP assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items that are owned by third parties. You acknowledge and agree that TOKYOPOP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, these Terms of use will govern your use of any and all third party content.

14. Member Disputes
You are solely responsible for any disputes between you and other Members. TOKYOPOP reserves the right, but has no obligation, to monitor or resolve disputes between Members.
 
15. Choice of Law and Forum
This Website is controlled and operated by the TOKYOPOP from its offices in the State of California. TOKYOPOP makes no representation that any of the materials or Services to which you have been given access is available or appropriate for use in other locations.  If you choose to access the Website from outside the United States, you are responsible for compliance with foreign and local laws. Your use of or access to the Website should not be construed as TOKYOPOP’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
The validity, construction, interpretation and legal effect of this Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.

16. Waiver
TOKYOPOP does not represent that materials in the Website or Services are appropriate or available for use in countries outside the United States. If you choose to access the Website from outside the United States, you are responsible for compliance with foreign and local laws.

Inaction or failure by TOKYOPOP to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
 
17. Severability
If any provision of this Agreement will be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement will be affected as a result thereof, and accordingly, the remaining provisions of this Agreement will remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein.

18. Entirety
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement.

19. Force Majuere
TOKYOPOP will not be liable or deemed to be in default for any delays or failure in performance or interruption of the Website or Services resulting directly or indirectly from any cause of circumstances beyond the control of TOKYOPOP, including but not limited to, Acts of God, acts of public enemy, war, accident, fires, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.

This Agreement was last modified May 2008.

This Website is operated by:
TOKYOPOP Inc.
5900 Wilshire Blvd., Suite 2000
Los Angeles, CA  90036
Email: webmaster@TOKYOPOP.com