Date of last Change: 2008/01/31
Welcome to 'AnimeSharp - animating people', a social project that connects you with the people around you, and will help you to make your personal change to the world. The 'AnimeSharp - animating people' service and network (collectively, "'AnimeSharp - animating people'" or "the Service") are operated by 'AnimeSharp - animating people' and its corporate affiliates (collectively, "us", "we" or "the Service Provider"). By accessing or using our web site at www.animesharp.com or the mobile version thereof on their own appropriate URLs (together the "Site") or by posting a Link to Us or mention Us on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of 'AnimeSharp - animating people'. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Service, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All content on the Site and available through the Service Provider, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Service Provider, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Service Provider's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Service Provider, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
ANIMESHARP, ANIME SHARP, ANIMESHARP - ANIMATING PEOPLE, ANIMATING PEOPLE, PEOPLE ANIMATED and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, names or trade dress of the Service Provider or subject to copyrights in the Service Providers current residence and/or other countries, if not stated otherwise. The Service Provider's trademarks, names and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Service Provider.
You understand that except for advertising programs offered by us on the Site
(e.g., 'AnimeSharp - animating people' Banners, 'AnimeSharp - animating people'
Newsletters, 'AnimeSharp - animating people' Support Projects), the Service and the Site are
available for your personal, non-commercial use only. You represent, warrant and
agree that no materials of any kind submitted through your account or otherwise
posted, transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
Without limiting any of the foregoing, you also agree to abide by our Code of Conduct that provides further information regarding the authorized conduct of users on 'AnimeSharp - animating people'.
You are solely responsible for the photos, profiles (including your name, image,
and likeness), messages, notes, text, information, music, video, projects, sites,
listings, and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share with
other users (collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or that you do
not have permission to post. You understand and agree that the Service Provider
may, but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the Service
Provider violates this Agreement, or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of users or others. You
are solely responsible at your sole cost and expense for creating backup copies
and replacing any User Content you post or store on the Site or provide to the
Service Provider.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Service Provider an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove your
User Content, the license granted above will automatically expire, however you
acknowledge that the Service Provider may retain archived copies of your User Content.
'AnimeSharp - animating people' does not assert any ownership over your User Content; rather, as
between us and you, subject to the rights granted to us in these Terms, you
retain full ownership of all of your User Content and any intellectual property
rights or other proprietary rights associated with your User Content.
The Service includes certain services that might be available via your mobile phone, including (i) the ability to upload content to 'AnimeSharp - animating people' via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to 'AnimeSharp - animating people' messages, to send and receive private messages and to write forum posts using WAP or iMode services or SMS submissions (Mobile Texts), (iii) the ability to browse 'AnimeSharp - animating people' from your mobile phone (Mobile Web), and (iv) the ability to access certain 'AnimeSharp - animating people' features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding 'AnimeSharp - animating people' and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us and collected.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the 'AnimeSharp - animating people' website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Copyright laws of the Service Provider's current residence. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, the Service Provider has adopted a policy of terminating, in appropriate circumstances and at the Service Providers's sole discretion, members who are deemed to be repeat infringers. The Service Provider may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
The Service Provider offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service API (the "Share Service API"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
Subject to the terms and conditions of these Terms of Use, Third Party Sites
that meet the requirements set forth below may place a Link (as described
below), in the form approved by Service Provider, on pages of their web sites to
facilitate use of the Share Service. A Third Party Site that posts a Share Link
on its web site is referred to herein as an "Online Content Provider" and shall
abide and be subject to the applicable sections of these Terms of Use. A "Link" is a button and/or a text link appearing on an Online Content Provider's
web page that, upon being clicked by a user, enables us to launch a specific
mechanism through which users can use specific action of the website or its
services. They also might enable to connect with others or post to their own member
profile, links and content from that page to create their network.
In the event that the Link is a button that contains any icons or other
graphic images, trademarks or other proprietary materials of the Service
Provider, the Online
Content Provider is granted permission to use such images, trademarks or other
materials solely for the purpose of placing the Link on Online Content
Provider's site and solely in the current form provided by the Service
Provider. In the
event that the Link is a text link, it must include the word "ANIMESHARP" or "ANIMESHARP
- ANIMATING PEOPLE" as
part of the link. The rights granted in this paragraph may be revoked by Service
Provider
at any time with or without cause in its sole discretion, and upon such
termination, the Online Content Provider agrees to immediately remove all Links from its site.
In order for an Online Content Provider to include a Link on its pages,
the Third Party Site must not contain any web content that if shared or posted
by a user would be a violation of the user conduct rules set forth above.
Without limiting the forgoing, Online Content Provider agrees not to post a
Link on any web site that contains, and represents and warrants that such
web site does not and will not contain, any content that is infringing, harmful,
threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar,
obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that
may expose the Service Provider or its users to any harm or liability of any type. Upon
including of a Share Link, Online Content Provider agrees to defend, indemnify
and hold the Service Provider, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from
and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with such
Linkage, any links, content or other items or materials which may be shared
or posted through such a Link, or any breach or alleged breach of the
foregoing representations and warranties.
By including a Link, Online Content Provider automatically grants, and
represents and warrants that it has the right to grant, the Service Provider an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use the Web Service in order to link
to, use, copy, publish, stream, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), summarize, and distribute the content,
links and other materials of any kind residing on any web pages on which Online
Content Provider places the Link.
All listings posted on or through the 'AnimeSharp - animating people' Community service and all transactions conducted in connection therewith are subject to and governed by the Community Guidelines (the "Guidelines") as well as these Terms of Use. When you use the 'AnimeSharp - animating people' Community in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in the Service Provider's sole discretion, so you should review the Guidelines each time you use the 'AnimeSharp - animating people' Community. Parties to a posting or conversation are solely responsible for all interactions with each other, and for the results and performance of any conversation or relationship entered into through the 'AnimeSharp - animating people' Community. You acknowledge that 'AnimeSharp - animating people' is not responsible or liable for any posting, submitted message, action or inaction of any party to a conversation, for any failure to perform with your usage, or to provide any services as promised, or for any other aspect of the conversation. Please note: ALL OF ANIMESHARP'S COMMUNITY IS PROVIDED "AS IS" AND USED AT YOUR OWN RISK.
The 'AnimeSharp - animating people' API services and services provided by 'AnimeSharp - animating people' which
enable third-party web and network developers ("Application Developers") to create websites and
applications that retrieve data made available by 'AnimeSharp - animating people' and its users and/or
that retrieve authorized data from third-party sites for use on the 'AnimeSharp - animating people'
Site ("Applications")
Application Developers may use the 'AnimeSharp - animating people' API and create Applications only in accordance with the terms and conditions set forth in an
agreement entered into between 'AnimeSharp - animating people' and the
Application Developer ("Developer
Terms"). Our standard Developer Terms consist of the
Developer Terms of
Service
and the related
API Guidelines. We may from time to time enter into separate
agreements with certain third party Platform Developers that contain different
or additional terms, provided however, that each such separate agreement will
require the third party Application Developer to only display your information in
accordance with your
privacy settings
. The standard Developer Terms are subject to change without
prior notice at any time, in the Service Provider's sole discretion, so you should review
these documents from time to time. ALL USE OF THE ANIMESHARP - ANIMATING PEOPLE IS PROVIDED
"AS IS" AND AT YOUR OWN RISK.
Users who install Applications must agree to the terms and conditions
set forth in the
Application Terms of Use
("Application User Terms") and in these
Terms of Use. The Application User Terms are subject to change without prior
notice at any time, in the Service Provider's sole discretion, so you should review these
terms each time you install an application and from time to time. Application
Developers may require you to agree to their own terms of service, privacy
policies and/or other policies as a condition of using Applications.
Applications have not been approved, endorsed, or reviewed in any
manner by 'AnimeSharp - animating people', and we are not responsible for your use of or inability to
use any Applications, including the content, accuracy, or reliability
of such Application and the privacy practices or other policies of Developers.
YOU USE SUCH APPLICATIONS AT YOUR OWN RISK.
If you, your friends or members of your network use any Applications,
such Applications may access and share certain information about you
with others in accordance with your privacy settings as further described in our
Privacy Policy. Application
Developers are required to agree to restrictions on access, storage and use of
such information. However, while we have undertaken contractual and technical
steps to restrict possible misuse of such information by such Application
Developers, we do not screen or approve Developers, and we cannot and do not
guarantee that all Application Developers will abide by such restrictions and
agreements. Certain actions you take through the Applications may be
displayed to your friends in your profile, mini-feed and news feed, and you may
opt-out of displaying your Application actions on the Privacy Settings
page. Please report any suspected misuse of information through the 'AnimeSharp - animating people'
API as described in our
Privacy Policy
.
You may set your preferences for your profile
here.
'AnimeSharp - animating people' Pages are special profiles used solely for commercial, political, or
charitable purposes. You may not set up a 'AnimeSharp - animating people' Page on behalf of another
individual or entity unless you are authorized to do so. This includes fan
'AnimeSharp - animating people' Pages, as well as 'AnimeSharp - animating people' Pages to support or criticize another
individual or entity.
ANIMESHARP DOES NOT PRE-SCREEN OR APPROVE ANIMESHARP PROFILES, AND CANNOT GUARANTEE
THAT A PROFILE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE
INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A ANIMESHARP PROFILE. NOR IS
ANIMESHARP
RESPONSIBLE FOR THE CONTENT OF ANY PROFILE PAGE, OR ANY TRANSACTIONS ENTERED
INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY USER,
INCLUDING HOW THE OWNER OF THE PROFILE PAGE COLLECTS, HANDLES, USES AND / OR
SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE
PRIVACY POLICY IF YOU
HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL
INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO
OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH AN ANIMESHARP USER.
In addition to these Terms of Use, 'AnimeSharp - animating people' Pages are subject to and governed by
certain
Additional Terms
Applicable to Profile Pages
. The Additional Terms Applicable to Profile
Pages control in the event of any conflict between them and the Terms of Use.
Please refer to our Imprint Site for the terms, conditions and policies applicable to your inquiries or services from the Service Provider. By contacting or using services from the Service Provider through the Site, you agree to be bound by and accept the Terms and Conditions of Contact aswell as your usage of the site. The Imprint Site are subject to change without prior notice at any time, in Service Provider's sole discretion so you should review the Terms of Service or Conditions each time you use the site's services or need to contact the Service Provider.
You are solely responsible for your interactions with other 'AnimeSharp - animating people' users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. Click here to view the Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the Service Provider's current residence.
The Service Provider is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of the Site, by
'AnimeSharp - animating people', by third parties or by any of the equipment or programming associated
with or utilized in the Site or the Service. Although we provide rules for user
conduct and postings, we do not control and are not responsible for what users
post, transmit or share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may
encounter on the Site or in connection with any User Content or Third Party
Applications, Software or Content. The Service Provider is not responsible for the
conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. The Service Provider 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 communications. The Service Provider is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Service, including any Mobile Client software. Under no circumstances will the
Service Provider be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of the
Site or the Service, any User Content or Third Party Applications, Software or
Content posted on or through the Site or the Service or transmitted to Users, or
any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE USER SERVICES AND THE
API SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE
PROVIDED "AS-IS" AND THE SERVICE PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE
SERVICE PROVIDER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
THE USE OF
THE SITE AND/OR THE SERVICE AND/OR ANY APPLICATIONS. THE SERVICE PROVIDER DOES NOT
REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE
SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT
OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT
VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY
MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY APPLICATIONS AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE
THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA
OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Service Provider reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Applications
offered through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof, or any affiliation therewith, by the Service Provider.
IN NO EVENT WILL THE SERVICE PROVIDER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE SERVICE PROVIDER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SERVICE PROVIDER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SERVICE PROVIDER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE SERVICE PROVIDER'S LIABILITY TO YOU EXCEED 1000 EUR, IMPLIED YOU WERE CHARGED FOR ANYTHING OR THE SERVICE PROVIDER HIMSELF CAUSED YOU ANY FINANCIAL DAMAGE. DONATIONS WILL IN NO EVENT PAYD BACK, AND THE DONATOR HIMSELF SHALL BE LIABLE TO THE CHOICE OF THE AMOUNT DONATED. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE SERVICE PROVIDER FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE SERVICE PROVIDER, REGARDLESS OF THE CAUSE OF ACTION.
The Service Provider may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Application and/or prohibit you from using or accessing the Service or the Site or any Application (or any portion, aspect or feature of the Service or the Site or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
By visiting or using the Site and/or the Service, you agree that the laws of the Service Providers current residence, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Service Provider or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the Service Provider's residence by that time, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of the Service Providers current residence. The residence of the Service Provider might change at any time, including the servers and all devices connected therewith.
The current residence of the service provider is Germany.
YOU AND THE SERVICE PROVIDER AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO
SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE
SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND
CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE
AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE
SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent
that either of us has in any manner infringed upon or violated or threatened to
infringe upon or violate the other party's patent, copyright, trademark or trade
secret rights, or you have otherwise violated any of the user conduct rules set
forth above or in the Code of Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law and that injunctive or other
appropriate relief may be sought; and (b) no disputes or claims relating to any
submitted content, at any point of time resulting in a conversation you enter into with a third party through the 'AnimeSharp - animating people'
website
may be arbitrated.
Arbitration under this Agreement shall be conducted by the arbitration office
of the Service Provider's current residence and, in the case
of consumer disputes, the Supplementary Procedures for Consumer Related
Disputes. The
location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such Arbitration Rules and shall be
subject to the limitations provided for in the Consumer Rules (for consumer
disputes). If such costs are determined to be excessive in a consumer dispute,
the Service Provider will be responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE
SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event
shall any claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than two (2) years after the cause of action
arose.
You agree to indemnify and hold the Service Provider, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Service Provider are non-confidential and shall become the sole property of the Service Provider or the Service Provider shall receive the absolute right to publish or use your copyrighted material submitted. The Service Provider shall own exclusive rights, including all intellectual property rights or, in case of copyrighted media, all required permissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.The Terms are applicable by law to their fullest extent, as far as allowed by international treaties.
These Terms of Use constitute the entire agreement between you and the Service Provider regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Service Provider relating to your use of the Site or the Service. The failure of the Service Provider to exercise or enforce any right or provision of these Terms of Use, or any typo issue within those, shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.