Samehadaku and any of its successor or assigns (“Samehadaku” or “we” or “us”) owns and operates the website “Samehadaku.tv” (including all features and services contained thereon, the “Site”). The Site permits users (“Users”) to do the following things: view and obtain information about animated series and related media, including reviews and recommendations, create your own reviews and recommendations, chat with other Samehadaku users, and participate in discussions and other social media features, contests, and promotions related to anime.
- Void Where Prohibited. Use of the Site is void where prohibited.
4. Registration. Some portions of the 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 TOU. You understand that not all features accessible via registration may be available indefinitely. For example, you may register to be able to create a custom list of favorite anime on the Site or to post other lists and/or content. You understand that such lists and content may not always be available and Samehadaku reserves the right to delete any or all of the foregoing if it deems doing so is necessary to comply with applicable law or third party rights.
To Register, you must:
1. 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;
2. provide Samehadaku with accurate and complete information;
3. not use impersonate any other person or use a username or password that you are not authorized to use;
4. safeguard and maintain the confidentiality of your username, password and corresponding account information; and
5. 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 Samehadaku of any unauthorized use of your username, password or account. Samehadaku 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.
5. 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 Samehadaku to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Samehadaku representatives access to any password-protected portions of your account.
6. Term and Termination. This Agreement remains in effect with respect to your use of the Site even after you leave the Site.
If we determine that you have violated these TOU or pose a threat to Samehadaku, its affiliates or other Users, we reserve the right to, in our sole discretion:
1. reject, refuse to post, or remove any posting by you or any other party for any reason and at any time;
2. 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;
3. remove and/or delete your Registration; and/or
4. notify authorities or take any actions we deem appropriate, with or without notice to you.
Samehadaku will not be liable to you or any third party for termination of the 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 Samehadaku under these TOU (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.
You may terminate your Samehadaku Registration at any time and for any reason by contacting us via Contact Us and using the ‘Account Deletion’ option in the dropdown box. Upon any such termination, your account will no longer be accessible; however, Samehadaku may, in its discretion, continue to post any recommendations, synopses, descriptions, reviews, ratings, lists, contest related information, comments and other information and data you posted through or in connection with your access to the Site.
7. Our Rights to the Site, Badges, Tags, Articles and Other Content and Your Feedback.
Samehadaku and its licensors reserve all right, title, and interest in and to the name Samehadaku, Samehadaku.tv, and to any and all trademarks, logos, text, data, graphics, music, sounds, code and designs associated with our name or with the Site, including but not limited to the look and feel of the Site, theme images, badges and tags, articles, reviews, recommendations, synopses, and descriptions we post and/or make available on the Site, articles and reviews, and any and all services and their underlying functionality which are or may be provided on the Site (individually and collectively, the “Samehadaku Content”). In addition, Samehadaku reserves all rights to feedback you may provide regarding the Site, if applicable. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional 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.
All rights not otherwise granted are reserved by Samehadaku and its suppliers.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Samehadaku Content, any other content made available through the Site 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, the Samehadaku Content or any other content made available through the Site.
8. Roles, Reviewers, Moderators, etc.
From time to time, Samehadaku may designate certain Users to provide reviews, moderate discussions and commentary related to anime, Samehadaku Content, User content and/or third party content. Such designation shall not be construed as an endorsement of the authority of any such User as an authority with respect to such subject matter or otherwise. In addition, such designation may be granted and revoked by Samehadaku, in its sole discretion, at any time.
9. Responsibility for Your Content and the Content of Other Users
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 Samehadaku Site or transmit to other members and/or other Users (hereinafter, “Content”).
You may not:
1. 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;
2. submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
3. provide any Content that falsely states or implies that such Content or material is sponsored or endorsed by Samehadaku; or
4. provide any Content that is unlawful or that promotes or encourages illegal activity or which violates these TOU.
Samehadaku reserves the right in its sole discretion, but has no obligation, to monitor your Content and the content posted by others, and may 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 TOU in its sole discretion (such action may include termination of the Registration and/or blocking your use of the Site). Samehadaku does not review and cannot verify or warrant the accuracy of any content posted by Users.
You may not post Content that:
5. is false or intentionally misleading, including but not limited to falsely marking Site content in a manner that distorts Site statistics or other Site results (e.g. increasing the Site counters, lowering or increasing ratings, etc.);
6. is patently offensive to users of the Samehadaku Site, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
7. harasses or advocates harassment of another person, including but not limited to negative comments related to other Users;
8. involves the transmission of unsolicited mass mailing or “spamming”;
9. violates the intellectual property or other rights of any person;
10. promotes illegal activities or conduct that is abusive;
11. promotes activities or websites that violate international copyright laws;
12. is threatening, obscene, defamatory or libelous;
13. is pornographic or sexually explicit in nature; and
14. 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.
You acknowledge and agree that Samehadaku may, at its option, reclassify or re-categorize any Content and establish limits concerning Content, including, without limitation, the maximum number of days that Content will remain available via the Site, the maximum size of any files that may be stored on or uploaded to the Site and the maximum disk space that may be allotted to you for the storage of Content on our servers. Although Samehadaku exercises commercially reasonable efforts to ensure that legitimate data stored on its servers is not lost, Samehadaku will have no responsibility or liability for maintaining copies of your Content on our servers, and you are solely responsible for creating back-ups of your Content.
10. Ownership and use of your Content.
By posting Content on the Samehadaku Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Samehadaku, its partners and affiliates, successors and assigns (individually and collectively, the “Samehadaku Parties”) an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to modify, use, copy, publicly perform, digitally perform, publicly display, reformat, translate, excerpt (wholly or partially), sell and distribute your Content, with or without personal reference to you, to prepare derivative works of, and incorporate into other works, such Content. The foregoing license includes, without limitation, the right to share your Content with third for any purpose, commercial, advertising, or otherwise, on or in connection with the Samehadaku Parties and/or the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. In addition, you grant such license even with reference to you as necessary to enable Samehadaku to permit you to use and access the Site, including your sharing your Content with other Users of the Site. This license is non-exclusive, except you agree that Samehadaku shall have the exclusive right to practice this license to the extent of combining your Content with materials, designs, or other content of Samehadaku, its partners and affiliates or of other Users.
Notwithstanding anything set forth herein, Samehadaku shall own, and you hereby transfer and assign to Samehadaku, all right, title and interest in and to (i) any Content you create which derives, directly or indirectly, from the Samehadaku Content (defined above), including but not limited to themes, site skins, templates, (ii) any Content which you create at Samehadaku’s request or with Samehadaku’s direction, including but not limited to any Content you create in connection with contests or promotions sponsored by the Site. and (iii) Anime/Manga synopses and character descriptions you submit for Samehadaku’s use on the Site.
11. End User’s Rights and Obligations.
You agree that, while using the Site, you will comply with all applicable laws and regulations, (both local and national). You will not use the Site in any of the following ways, or for any of the following purposes:
o upload, post, transmit, share, store or otherwise make available on the Site any of the following:
§ unsolicited advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
§ any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers without their consent (if you include any such information in your travel lists, for example, you acknowledge that it may be shared with other users of the Site);
§ software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
§ content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity;
o inappropriately solicit personal information, or otherwise solicit passwords or personally identifying information for commercial or unlawful purposes;
o intimidate or harass another;
o harvest, collect, or otherwise gather personal or contact information, including email addresses, of other Users by electronic or other means in order to send unsolicited emails or other unsolicited communications in any form;
o disable, otherwise impair, overburden, or damage the Site;
o use any sort of technology, including automated scripts, to collect information from or otherwise interact with the Site;
o use Samehadaku to do anything unlawful, misleading, malicious, or discriminatory;
o use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
o probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site; or
o misrepresent yourself, your age or your affiliation with any person or entity, including the creation of duplicate or false Profiles or any kind or nature.
12. Protecting Copyrights and Other Intellectual Property. If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, or any other infringement of your intellectual property rights please contact us at [email protected]
13. Disclaimers. We have implemented commercially reasonable technical and organizational measures designed to secure data and information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that such measures will never be defeated or that your personal information will never be used for improper purposes.
Without limitation of the foregoing, we are not responsible in any way for third party Users’ content (“Third Party Content”) or your Content, or any other data or information provided and/or stored on or via the Site. You use any information which you gather from Third Party Content at your own risk. Although we provide rules, including these TOU, for use of the Site, we do not control and assume no responsibility for what Users may post, upload, transmit, share, store or otherwise make available on the Site. Further, Samehadaku is not responsible for the conduct of any User on the Site or offline.
The Site and Your Content may not be available from time to time for scheduled maintenance and for other reasons. We are not responsible for any damages whatsoever as a result of the Site not being available. Further, we are not responsible for any hacking, hijacking, or other manipulation of the Site, or for any resulting damages, or for any loss of data (including but not limited to any loss that results in loss of your Content). Finally, we are not responsible for any failure of software, telecommunications equipment, computer hardware, computer systems or servers, technology services, or any other related product or service and we assume no liability for injury or damage relating to the use of the Site or downloading of any technology of the Site. Under no circumstances will Samehadaku be responsible for any damage or loss to a User, including personal injury or death, resulting from or related to a User’s use of the Site, or any Third Party Content posted thereto.
The Site provided “as-is.” You bear the risk of using it. We give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Samehadaku excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We further give no warranties that the Site will function a particular way or meet any particular standard.
Suggestions and/or references to any commercial enterprise by Users on the Site do not constitute an endorsement or warranty of any kind by us related to of any particular service, party, or product. You act on any and all information which you gather from the Site at your own risk.
14. Limitation of Liability and Exclusion of damages.
To the extent permissible under applicable law, the maximum amount you may recover from Samehadaku is direct damages up to U.S. $10. To the extent permitted by applicable law, Samehadaku will not be liable for any other damages, including consequential, lost profits, special, indirect or incidental damages.This limitation applies to anything related to the Site and the provision of or failure to provide technical or other support services, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. This exclusion applies even if Samehadaku knew or should have known about the possibility of the damages.
15. U.S. Export Controls. To the extent that the Site is subject to United States laws and regulations regarding the export of software, you are responsible to comply with those laws. International treaties and laws may also apply to your use of the Site. You are responsible to for complying with those laws as well.
16. Disputes. Washington state law in the U.S.A. governs the interpretation of this Agreement, and claims for breach of it. You and Samehadaku agree to submit to the exclusive jurisdiction of the courts located within the State of Washington to resolve any dispute arising out of the Agreement or the Site. Your local laws may apply for claims in tort, unfair competition, and consumer protection.
17. Indemnity. You agree to indemnify and hold Samehadaku, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or arising from a breach of these TOU.
19. Miscellaneous. In the event that any provision in these TOU 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 TOU will not be deemed a waiver of such right or provision. You may not assign or transfer these TOU (by operation of law or otherwise) without the prior written consent of Samehadaku and any prohibited assignment will be null and void. Samehadaku may assign these TOU or any rights hereunder without your consent. You agree that these TOU and the rules, restrictions and policies contained herein, and Samehadaku’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Samehadaku. These TOU together with the rules and policies of Samehadaku incorporated herein by reference constitute the entire agreement between Samehadaku and you with respect to the subject matter of these TOU.