Diverse-Anime Terms of Use
Welcome to Diverse-Anime!
Diverse-Anime provides our website accessible at Diverse-Anime.net (the "Site") through which users can participate in an online community dedicated to enjoying anime and media in all forms (the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and Diverse-Anime and apply to you whether you are a Diverse-Anime Member (defined below) or a visitor just browsing the Site (collectively, "Diverse-Anime Users"). These Terms of Use limit Diverse-Anime's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, SERVICES OR YOUR DIVERSE-ANIME ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR VIA THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
Eligibility and Registration.
When you register with Diverse-Anime and set up your Diverse-Anime account, you must provide Diverse-Anime with accurate and complete information. You agree to promptly update your Diverse-Anime account information with any new information that may affect the operation of your Diverse-Anime account. You authorize Diverse-Anime, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Diverse-Anime account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use, and disclosure of information we receive from Diverse-Anime Users.
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Diverse-Anime reserves the right to require you to change your username for any reason and may do so at anytime.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Diverse-Anime account information. You agree not to 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 Diverse-Anime account, whether or not you have authorized such activities or actions. You agree to immediately notify Diverse-Anime of any unauthorized use of your username, password, or Diverse-Anime account.
Proprietary Rights and Licenses.
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:
"Diverse-Anime Content" means, collectively, the text, data, graphics, images, Diverse-Anime trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.
"User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which Diverse-Anime Members post, upload and otherwise submit to the Site or Services, including, without limitation, in their profile page, excluding Translated Content.
(b) User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to Diverse-Anime a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and Diverse-Anime's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Diverse-Anime. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 4 below.
You acknowledge and agree that Diverse-Anime may, at its option, reclassify or recatergorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on Diverse-Anime's servers. Diverse-Anime will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
(c) Diverse-Anime Content.
(i) Diverse-Anime and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Diverse-Anime Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Diverse-Anime Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Diverse-Anime Content or any other content made available through the Site or Services (other than your User Submissions).
(c) Reminder Regarding Premium Content. For the avoidance of doubt with respect to any Premium Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Premium Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(d) Disclaimer. Diverse-Anime does not guarantee that any content (including without limitation Diverse-Anime Content, User Submissions or Translated Content) will be made available through the Site or Services, continuously or at all. WHILE DIVERSE-ANIME IS UNDER NO OBLIGATION TO DO SO, DIVERSE-ANIME RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON DIVERSE-ANIME DEEMS SUFFICIENT. Diverse-Anime does not have any obligation to monitor the User Submissions or Translated Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or Translated Content or anything said, depicted or written by Diverse-Anime Members, including, without limitation, any information obtained by using the Site or Services. Diverse-Anime does not endorse any User Submissions or Translated Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Diverse-Anime with respect thereto.
Copyrighted Materials: No Infringing Use.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Diverse-Anime has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Diverse-Anime Copyright Policy for further information.
Termination or Suspension of the Site or Services & Modification of these Terms of Use.
Diverse-Anime reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after Diverse-Anime has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
Without limiting other remedies, Diverse-Anime may at any time suspend or terminate your Diverse-Anime account and refuse to provide access to the Site or Services. In addition, Diverse-Anime may notify authorities or take any actions it deems appropriate, without notice to you, if Diverse-Anime suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Diverse-Anime; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Diverse-Anime Users, Diverse-Anime or any other third parties or the Site or Services.
You may terminate your Diverse-Anime account at any time and for any reason by selecting this option on your account information page. Upon any termination by a Diverse-Anime Member, the related account will no longer be accessible.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Diverse-Anime will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER SUBMISSIONS OR TRANSLATED CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Diverse-Anime 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 third party.
Any suspension, termination or cancellation will not affect your obligations to Diverse-Anime under these Terms of Use (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.
Interaction between Diverse-Anime Users.
You are solely responsible for your interactions (including any disputes) with other Diverse-Anime Users. You understand that Diverse-Anime does not in any way screen Diverse-Anime Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Diverse-Anime Users. You agree to take reasonable precautions in all interactions with other Diverse-Anime Users, particularly if you decide to meet a Diverse-Anime Users offline, or in person. Your use of the Site, Services, Diverse-Anime Content and any other content made available through the Site or Services is at your sole risk and discretion and Diverse-Anime hereby disclaims any and all liability to you or any third party relating thereto. Diverse-Anime reserves the right to contact Diverse-Anime Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Diverse-Anime to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Diverse-Anime representatives access to any password-protected portions of your Diverse-Anime account.
Obligations for Diverse-Anime Users.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
Upload, post, submit or otherwise transmit: (i) any User Submissions or Translated Content to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions or Translated Content for which you do not have the consent or permission of each identifiable person in the User Submissions or Translated Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission or Translated Content) and such consent or permission is necessary; or (iii) any User Submissions or Translated Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of Diverse-Anime;
Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
Use any meta tags or other hidden text or metadata utilizing a Diverse-Anime trademark or logo, URL or product name;
Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions or Translated Content that is unrelated to the immediate, aesthetic nature of the User Submissions or Translated Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of Diverse-Anime's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Attempt to probe, scan or test the vulnerability of any Diverse-Anime system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Diverse-Anime or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
Collect or store personal data about other Diverse-Anime Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Use the Site or Services in any manner not permitted by these Terms of Use; or
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.
Indemnification.
You agree to defend, indemnify and hold Diverse-Anime and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Diverse-Anime Content, User Submissions or Translated Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services (including without limitation your User Submissions or any Translated Content) caused damage to a third party, including without limitation claims that your User Submissions or any Translated Content are infringing. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify Diverse-Anime applies to your activities on the Site at any time.
Disclaimer.
THE SITE, SERVICES, DIVERSE-ANIME CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DIVERSE-ANIME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, DIVERSE-ANIME CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, DIVERSE-ANIME MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, DIVERSE-ANIME CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL DIVERSE-ANIME OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, DIVERSE-ANIME CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY DIVERSE-ANIME USER, ONLINE OR OFFLINE, WHETHER OR NOT DIVERSE-ANIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIVERSE-ANIME'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. DIVERSE-ANIME WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure.
Diverse-Anime will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Diverse-Anime infrastructure or connectivity to the internet or failure at an Diverse-Anime co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Diverse-Anime will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Diverse-Anime may reasonably require to recover from the effects of such Force Majeure Event.
Links to other Websites.
The Site or Services may provide links to websites other than Diverse-Anime.com. Such links are provided for reference only, and Diverse-Anime neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Diverse-Anime is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Miscellaneous.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of Diverse-Anime and any prohibited assignment will be null and void. Diverse-Anime may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and Diverse-Anime's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Diverse-Anime. These Terms of Use together with the rules and policies of Diverse-Anime incorporated herein by reference constitute the entire agreement between Diverse-Anime and you with respect to the subject matter of these Terms of Use.
Questions.
If you have questions about these Terms of Use, please contact Diverse-Anime by emailing us at termsofservice[AT]diverse-anime.net
Last Modified: July 30th, 2008
