Terms and Conditions
AnimeClub is operated by or on behalf of Anime.club LLC. Please read this page carefully. This document provides Terms and Conditions (hereinafter – Terms) that govern your access to and use of the web site(s) and products of AnimeClub (hereinafter – the Company) at anime.club and/or any other addresses (any or all of which are herein referred to as the "Web Site").
- By accessing, visiting or using the Web Site, you accept and agree to be bound, with no modification, limitation or qualification, by the Terms.
- The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You should visit this page periodically to review and be aware of any modification or revision of the Terms.
- You may use our Products only if you can form a binding contract with the Company, and only in compliance with these Terms and all applicable laws.
Adult content warning
- Any use or access by anyone under the age of 13 is prohibited. The content of the Web Site may not be intended for minors. Such content is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive.
- If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child`s use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Web Site.
- Some parts of the Web Site require you to register prior to obtaining access. We may post additional rules or guidelines in connection with those portions of the Site and your use of them must be consistent with those rules/guidelines, in addition to being consistent with these Terms. You shall understand that not all features accessible via registration may be available indefinitely.
- When you create your account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
- To register, you must:
- Be at least 13 years of age and certain portions of the Site may be restricted to Registered Users who are at least 18 years of age;
- Provide AnimeClub with accurate and complete information;
- Not use impersonate any other person or use a username or password that you are not authorized to use;
- Safeguard and maintain the confidentiality of your username, password and corresponding account information; and
- Not disclose your password to anyone.
- You agree that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify AnimeClub of any unauthorized use of your username, password or account. AnimeClub reserves the right to require you to change your username for any reason and may do so at anytime. You agree not to share your username and/or password with any third party and you will not use the username, password, or other information of another User.
Interactions with other users
- You are solely responsible for your interactions (including any disputes) with and your disclosure of personal information to other Users. You understand that we do not screen Users. Your use of the Site, and any other content made available through the Site is at your sole risk and discretion. You agree to cooperate fully with AnimeClub to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized AnimeClub representatives access to any password-protected portions of your account
- You are solely responsible for any ratings, recommendations, lists, comments, posts, reviews, synopses, images, articles, text, data, graphics and other content and material that you submit, publish or display on the Web Site or transmit to other members and/or other Users (hereinafter, "Content").
- You may not:
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- Submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
- Provide any content that falsely states or implies that such content or material is sponsored or endorsed by AnimeClub; or
- Provide any content that is unlawful or that promotes or encourages illegal activity or which violates these Terms.
- You may not post content that:
- Is false or intentionally misleading, including but not limited to falsely marking Web Site content in a manner that distorts Site statistics or other Site results (e.g. Increasing the Web Site counters, lowering or increasing ratings, etc.);
- Is patently offensive to users of Web Site, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person, including but not limited to negative comments related to other Users;
- Involves the transmission of unsolicited mass mailing or "spamming";
- Violates the intellectual property or other rights of any person;
- Promotes illegal activities or conduct that is abusive;
- Promotes activities or websites that violate international copyright laws;
- Is threatening, obscene, defamatory or libelous;
- Seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
- The Company reserves the right in its sole discretion, but has no obligation, to monitor your Content and the content posted by others. The Company may also modify, suspend and/or remove such content or any portion thereof at any time, and/or to investigate and take appropriate legal action against anyone who or whose Content violates these Terms in its sole discretion (such action may include termination of the Registration and/or blocking your use of the Web Site). The Company does not review and cannot verify or warrant the accuracy of any content posted by Users.
- Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. The contents of the Web Site, including text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials" ), are protected by copyright under the laws of the United States of America as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company.
- In consideration of AnimeClub’s agreement to allow you to use the Services, you agree with AnimeClub as follows:
- You acknowledge that:
- Any Visual Content uploaded to your account must be created by you;
- By uploading your graphic or other works to AnimeClub you retain full rights to those works that you had prior to uploading;
- By posting Visual Content to the Site you grant to AnimeClub a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site;
- The license granted to AnimeClub includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to AnimeClub (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- AnimeClub has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
- AnimeClub uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, AnimeClub makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. AnimeClub does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize AnimeClub to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and
- Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by You.
- You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the site;
- You have the full and complete authority and right to enter into this agreement and to grant to AnimeClub the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by AnimeClub of the Visual Content as contemplated herein; and
- The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against AnimeClub, all of which such rights are hereby expressly and irrevocably waived by you in favor of AnimeClub.
- You acknowledge that:
- The Company respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. AnimeClub will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
- To notify the Company of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable the Company to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
- If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is Content is not infringing, you may provide AnimeClub counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable AnimeClub to make a reasonable determination. Please note that you accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
- If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
- If you want to use our Products for commercial purposes, you must create a Marketplace account and conduct our Customer License Agreement
- If you choose AnimeClub for commercial purposes, you shall register to use the Marketplace (the “Marketplace”). The following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’ (or similar words) of Marketplace Content (as defined below) means the acquisition of a Customer License (as defined below) to use Marketplace Content.
- The Marketplace is a Service provided by the Company that allows users who enter into a AnimeClub Contributor Agreement to post Visual Content for sale to the public. Visual Content is licensed directly by AnimeClub and through its third party Marketplace Content partners to users pursuant to an end user license agreement. To use the Marketplace you must be at least 18 years of age and have a valid AnimeClub account. In order to upload Visual Content to the Marketplace (your “Marketplace Content”) you must agree to these additional contributor.
Third-party links, sites, and services
- Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Company, you do so at your own risk and you agree that the Company will have no liability arising from your use of or access to any third-party website, service, or content.
- The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
- The company specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
- The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of liability
- To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content. In no event shall Company’s aggregate liability for all claims relating to the products.
- If you use our Products for commercial purposes without agreeing to our Business Terms as required by Section 5(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Company and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
- This Agreement remains in effect with respect to your use of the Web Site even after you leave the Web Site.
- If we determine that you have violated these Terms or pose a threat to AnimeClub , its affiliates or other Users, we reserve the right to, in our sole discretion:
- Reject, refuse to post, or remove any posting by you or any other party for any reason and at any time;
- Deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any reason, or for no reason, with or without prior notice or explanation, and without liability;
- Remove and/or delete your Registration;
- Notify authorities or take any actions we deem appropriate, with or without notice to you.
- The Company will not be liable to you or any third party for termination of the Web site or termination of your use. Upon any termination or suspension, any content, materials or information that you have submitted on the site or which is related to your account may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any to third party.
- Any suspension, termination or cancellation will not affect your obligations to AnimeClub under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation
- For any dispute you have with the Company, you agree to contact us first and attempt to resolve the dispute with us informally.
- If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by the National Court of Justice of the United States of America. Unless you and the Company agree otherwise, the arbitration will be conducted in the country where the Company reside.
- Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
- These Terms shall be governed by the laws of the United States of America, without respect to its conflict of laws principles.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision