You represent that you are over the age of majority as required by the applicable law of your jurisdiction. If you are a minor in the jurisdiction in which you reside (e.g. under 18 years of age), you may only use the Service if (a) you obtain parental or legal guardian consent after review of this Agreement prior to you using any of the Service provided by Company and (b) you are competent and fully able to enter into the representations, and warranties, terms, conditions, obligations, and affirmations, set forth in this Agreement, and to comply with and abide by this Agreement. All minors must be directly supervised by their parent or guardian while using our chat rooms. Though Company has the right to monitor the Service, including the chat rooms, Company has no obligation to do so, and Company does not systematically monitor and review the conversations that take place in the chat rooms. Company does not determine the true identity or age of those who frequent and use the Service chat rooms.
Without limiting the foregoing, and to the extent allowed by applicable law, Company assumes no liability or responsibility, including but not limited to, for any of the following:
- Any interruption or cessation of transmission to or from the Service;
- Errors, mistakes, or inaccuracies of content;
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- User content or the defamatory, offensive, or illegal conduct of any third party.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service;
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- Any damages of any kind suffered by you or claimed to have been suffered by you arising out of or as a result of your use of any third party websites, applications or other services that may link to, be linked to from, access or integrate with our Services.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage.
The Service is controlled and operated from facilities in Japan, and we may process some data in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations, to the extent permitted by law. You represent that you are not (1) located in a country that is subject to a Japan or U.S. government embargo, or that has been designated by the Japan or U.S. government as a “terrorist supporting” country, and (2) listed on any Japan or U.S. government list of prohibited or restricted parties. Without limiting the foregoing, software available in connection with the Service may be subject to applicable export controls. No feature, function, software or any component thereof may be downloaded from the Service or otherwise exported or re-exported in violation of any applicable export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization.
No registration is required to use the Service. However, in order to access certain features of the Service, registration with Company will be required and you will need to create a “Member” account or other user account or profile. Your account or profile gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
Company may also offer a paid subscription service where Users may use the Service with premium features, including, for example (i) where Members will not see ads hosted by the Service while logged into their accounts, and (ii) receive special discounts for purchases of goods and services from the Service, affiliates and third party partners. AnimeTroops may change the fees or benefits associated with the premium features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the premium features.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Service to purchase premium features or other paid products or services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. By signing up for premium features or other paid products or services, you are providing us with your payment account information, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then-current applicable fee listed in the agreement.
If you sign up for a monthly subscription service, you will be charged your first monthly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price (including any applicable taxes), until you cancel your subscription or we terminate it. If you sign up for the yearly subscription service, you will be charged your first upfront, non-refundable (except as described below) yearly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a yearly basis at the then-current price (including any applicable taxes), and you will continue to be charged on a yearly basis, until you cancel your subscription or we terminate it. You can find your monthly and/or yearly subscription billing date in your account settings.
If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial you will be required to provide a credit card in order to ensure uninterrupted access to the premium features and services and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid monthly subscription and your payment method will be charged the applicable fee unless you have cancelled that subscription. You may cancel your monthly subscription as described below. You agree that your payment method may be authorized for up to approximately one month of charges of service as soon as you subscribe. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method unless you do not cancel prior to the end of your free trial. You may not receive a notice from us that your free trial has ended or that the paying portion of your monthly subscription has begun. You are only permitted one free trial. If your monthly subscription is ever terminated for any reason, and you purchase an additional monthly subscription, you shall not be eligible for a free trial on any subsequent monthly subscriptions.
We may change the subscription terms or fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. If we notify you in advance of at least fifteen (15) days, your continued use of the premium features or other products and services associated with your monthly subscription after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward. For information on the monthly and yearly subscription fees and terms, please visit our Customer Support.
You may cancel your subscription service at any time in your account settings or by contacting us via our Help Center. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your premium features and services for the remainder of your pre-paid subscription term.
Please keep in mind that information you provide in any community profiles may be searchable by the general public unless you set your profile to “Private.” To change your profile privacy settings, go to your account’s profile page’s account settings, where you may also change your profile information and who can view your page, as well as control how we communicate with you. All postings you make in community forums may be viewed by the public unless such forum topic is designated as “private.” You agree not to use the communication systems provided by the Service for any commercial solicitation purposes nor collect any personally identifiable information or any account or profile names, from the Service. You also agree not to use or launch any automated system, including without limitation, “offline readers,” “spiders,” “robots,” etc., that accesses the Service for any malicious purpose or in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to collate or aggregate any of the content available through the Service for use elsewhere.
In the Company’s sole discretion, the Company may temporarily or permanently suspend, terminate, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’s sole determination, you violate any provision of the Agreement, including, but not limited to, by carrying out any of the following prohibited actions:
- a. Bypassing the measures we may use to prevent or restrict access to the Service;
- b. Interfering with the proper working of the Service;
- c. Taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- d. Uploading invalid data, viruses, worms, or other software agents through the Service;
- e. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- f. Using the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or otherwise impair the functioning of the Service in any manner;
- g. Attempting to gain unauthorized access to another User’s account;
- i. Violating any law in connection with your use of the Service;
- j. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- k. Acting maliciously or fraudulently;
- l. Harassing, threatening or defaming other Users; or
- m. Attempting to directly undertake any of the foregoing.
The Service may allow Users to create Member accounts or profiles, post feedback, comments, and questions on message boards, perform moderating services, send private messages to other Users, and engage in conversation with other Users in chat rooms, as well as post other information and take other actions on or through the Service (“User Content”). You are solely responsible for your User Content and any User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on or through the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree not to post User Content that:
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- May create a risk of any other loss or damage to any person or property;
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May constitute or contribute to a crime or tort;
- Contains any information or content that is illegal;
- Contains any information or content that you know is not correct and current; or
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Constitutes “Spam”, advertising, or business related communications.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any rights of publicity and privacy and intellectual property rights such as all copyright rights, trademark, patent rights, mask work rights, moral rights, rights of publicity, goodwill, trade dress and service mark rights, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction (“Intellectual Property Rights”). Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
We reserve the right (but not the obligation) to monitor and review transmissions online and in storage, and to remove or reject any material, which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you or other Users. You understand and acknowledge that you may be exposed to User Content that is indecent, inaccurate, offensive, or objectionable, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.
Company assumes no liability and no responsibility for any User Content that you or any other Users or third parties post or send over the Service. You agree and understand that any damage or loss of any kind that occurs as a result of the use of any User Content that you upload, download, send, stream, transmit, post, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.
For guidance on how to become a AnimeTroops moderator, Users should visit the forum page, “How to become a MAL Moderator,” which outlines this process, the types of moderators, and contains links to various guidelines for moderators and Users of a particular subject.
If selected and you choose to become a AnimeTroops moderator:
- You agree to provide an email address for us to contact you to verify who you are as a moderator, business purposes related to your role as a moderator, and for security purposes, as may be needed;
- You agree that when you receive reports related to your threads and community, that you will take action to moderate by removing content and/or escalating to the head moderators for review as appropriate;
- You agree to respond within a reasonable amount of time to the head moderators and site admins;
- You may not represent that you are authorized to act on behalf of the Company;
- You may not enter into any agreement with a third party on behalf of the Company without our written approval;
- You may not perform moderation actions in return for any form of compensation or favor from third parties;
- Moderators may not represent brands in their capacity as moderators, and any discussion of brands by a moderator shall be unofficial and will not be associated with AnimeTroops in any way;
AnimeTroops reserves the right, but has no obligation, to overturn any action or decision of a moderator, if AnimeTroops believes that such action or decision is not in the interest of AnimeTroops or the AnimeTroops community.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and, if applicable, other Users’ User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to license, sell, modify, distribute, copy, rent, reproduce, transmit, publish, adapt, publicly display or perform, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Using our Services does not give you any ownership in our Services or the content or information made available through the Services.
You may choose to or we or the moderators may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that (a) your disclosure is unsolicited, gratuitous, and without restriction and will not place Company under any fiduciary or other obligation, (b) you have granted Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Ideas; and (c) we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any compensation to you. You acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
You are solely responsible for the information associated with your account and anything that happens through your account. You must maintain the security of your account and promptly notify AnimeTroops if you discover or suspect that someone has accessed your account without your permission. You agree to: (1) use a strong password and secure password, (2) keep your password secure and confidential, (3) not transfer any part of your account and (4) follow the law and any recommendations we may give you from time to time or through the service with respect to account security.
You will not license, sell, or transfer your Account without our prior written approval.
Pursuant to U.S. copyright law, and specifically the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), AnimeTroops has implemented procedures for receiving written notification of claimed copyright infringements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent, as set forth below. For your notice to be effective under the DMCA, you, as a complaining party, must provide all of the following information in writing to our copyright agent:
(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 AnimeTroops 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 you request to be removed or access to which be disabled, and information reasonably sufficient to permit AnimeTroops to locate the material.
(iv) Information reasonably sufficient to permit AnimeTroops to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. Please submit any counter-notice in writing to AnimeTroops copyright agent listed above.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts or profiles of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following in connection with User Content:
a. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any privacy rights, rights of publicity, or Intellectual Property Rights.
b. Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service, including any data or work transmitted or received by you;
- Your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
- Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
- Your violation of any law, rule or regulation of the United States or any other country;
- Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account or profile; or
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
(B) Defined Terms: The following terms shall have the meaning set forth below:
“Digital Content” means digitized manga books, including single issues and trade publications, anime, games, video, audio and other digital content provided by the Company.
“AnimeTroops Online Manga Store” means, collectively, Company’s digital manga reader, storefront applications, websites and/or software (including any updates thereto) through which you can: (i) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by Company for use on one (1) or more select devices (e.g., smartphones, tablets, personal computers and other electronic devices); and (ii) manage your Digital Content and account settings.
(C) Digital Content: You agree and acknowledge that the MAL Online Manga Store and Digital Content you access and receive through the MAL Online Manga Store is owned by Company and/or its licensors and is protected by Intellectual Property Rights such as copyright laws as well as other intellectual property laws and treaties. Company does not transfer any title, right or interest to or in the MAL Online Manga Store and/or Digital Content to you.
Upon streaming, downloading and/or use of Digital Content and payment of any applicable fees (including applicable taxes), Company grants you a non-exclusive and non-assignable license to use, download, access, view and display such Digital Content only on the number and type(s) (if so limited) of devices specified in the MAL Online Manga Store or in the third party store in which the application or software used to view such Digital Content was obtained, and solely for your personal, non-commercial use in accordance with the terms of this Agreement. Digital Content is licensed to you by Company and is not sold, assigned or transferred to you. From time to time, the Company may post additional terms for Digital Content in the MAL Online Manga Store. You agree to pay the price, including any applicable taxes, and the billing frequency, if applicable, that is stated at the time of your order. All purchases are final and no refunds will be given.
Unless otherwise stated in writing by Company, you must not sell, lease, rent, copy, redistribute, sublicense, share, convey or reconvey the Digital Content. You must not, nor attempt to, impair, remove, deactivate, bypass, circumvent, avoid, deactivate or otherwise defeat any copy protection, DRM, encryption or rights signaling technology in which the Digital Content is wrapped or otherwise associated with, and you must not modify, translate, edit or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your set of personal devices that are registered for access to your own personal account with Company’s service), including but not limited to CDs, DVDs, hard drives, thumb drives, cloud storage, computers or other hardware, or any other medium now known or hereafter devised.
Company may, from time to time, permit you to download certain Digital Content for offline use. Company may place limitations on such use, including, without limitation, the number of, and length of availability of Digital Content available offline at any given time. Company in its sole discretion reserves the right to change the terms of such offline use, including the availability of offline access, from time to time, without prior notice to you.
AnimeTroops may make available updates/upgrades to any software, system or application made available by Company from time to time. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the Company’s software or application.
You may not modify, reverse engineer, decompile, reproduce, copy, disassemble any of the Services, including the MAL Online Manga Store, or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the Services, including the MAL Online Manga Store, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Services, including the AnimeTroops Online Manga Store; including, but not limited to by modifying, defeating, augmenting or substituting any digital rights management functionality in connection with the Digital Content.
(E) Miscellaneous: You must use the MAL Online Manga Store and the Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved by the Company.
You must comply with all applicable export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of, the Digital Content, or AnimeTroops Online Manga Store to a prohibited country or otherwise in violation of any such restrictions or regulations.
The AnimeTroops Online Manga Store, and/or methods used in connection with the Digital Content, may be covered by copyright and one or more patents or pending patent applications and as trade secrets, and the Digital Content is protected by copyright, trademarks and other applicable law.
In the event of a claim, cause of action, or other legal, business or operational issues relating to the Digital Contents, Company may suspend, discontinue, or otherwise modify or terminate access to certain Digital Content.
Company may terminate your rights under this Agreement if you fail to comply with the terms of this Agreement. Upon termination, you must cease all use of the AnimeTroops Online Manga Store and Digital Content, and Company may immediately revoke your access to the MAL Online Manga Store or to Digital Content without refund of any fees.
(F) Disclaimer of Warranties:
USE OF THE MAL ONLINE MANGA STORE AND DIGITAL CONTENT, AND ANY OTHER MAL SOFTWARE OR SYSTEMS IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY CREATES A WARRANTY, AND THE MAL ONLINE MANGA STORE AND DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT ONT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION . THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. OTHERWISE, THIS DISCLAIMER OF WARRANTIES BY THE COMPANY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.