- 2. Eligibility
- 3. Limitation of Liability
- 4. Use of the Service
- 5. User Content
- 7. Grant of License
- 8. The Company's Proprietary Rights
- 9. Security
- 10. Copyright Policy
- 11. Representations and Warranties
- 12. Indemnity
- 13. Third-Party Websites or Services
- 14. Trademarks
- 15. Governing Law and Venue
- 16. Account Termination
- 17. Miscellaneous
- 18. Contact Us
The Company may in its sole discretion for any or no reason, with or without notice, including without limitation if it believes that you are under 13 in the U.S. or under 16 in Europe, terminate your account or profile, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service).
3. Limitation of Liability
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.
4. Use of the Service
(A) License and Registration:
In order to access certain features of the Service, such as purchasing a ticket for the AOT Party, registration with Company will be required and you will need to create an AOT Party account or other user account or profile (referred to herein as a "Member"). Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
(B) Tickets, Merchandise and Other Online Sales:
In order to purchase tickets for the AOT Party, attend related events and purchase merchandise, digital items or other items or content through the Service, you must register as a Member. We anticipate that tickets for the AOT Party will go on sale starting September 12, 2023, unless otherwise posted on the Service, and will remain on sale for the fixed period of time stated on our Service. We may offer different categories of tickets, such as "early bird" and "normal" tickets, which will be subject to the terms and conditions posted by us on the Service. We intend to shut down the AOT Party website once all merchandise and other items that have been purchased have been sent, currently anticipated to be March 31, 2024, unless we post otherwise on the Service.
Tickets and inventory for some items may be limited, and popular tickets or other items with limited inventory may sell out quickly. Only one ticket purchase per Member is allowed and you may not transfer a ticket to another Member or Member account. You may also be limited to a certain number or amount of other items, as may be posted during the purchase process.
All purchases through the Service will be in Japanese yen. We may also provide approximate purchase prices in U.S. dollars for your information and convenience, although such information is only an estimate since settlement with respect to all purchases will be in Japanese yen and based on the exchange rate for the Japanese yen purchase price listed at the time of purchase. We may change prices offered for tickets, merchandise, digital items or other items or content at any time in our discretion.
If you do not receive a confirmation (in the form of a confirmation page or email) after making a purchase, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our customer support team whether or not your order has been placed.
If you purchase merchandise or other products that you believe are defective, please contact the manufacturer of those items directly. If there is a problem with shipping such items not caused by you, such as a shortage in items delivered versus purchased or items damaged during shipping, please follow these procedures:
- Please contact our customer support within 7 days from the day following the day you receive the item(s). Please send us pictures of the packaging and damage, if applicable, as well as a message describing the damage or other problem, such as the difference between what you ordered and what you received.
- Follow the instructions given by our customer support team to return the item(s). We will pay for the return shipping costs.
- Once we receive and verify the item(s) and problems, we will exchange the order for a new one or issue a full refund to you. Please note that we do not accept returns for reasons attributable to the customer (e.g., the size does not fit, the item does not match the image, etc.), so please be careful when selecting and purchasing merchandise or other items.
You may submit your debit card, credit card, or other payment information ("Payment Information") via our Service to purchase tickets, merchandise, digital items 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.
Unless otherwise stated in writing by Company, you must not sell, lease, rent, copy, redistribute, sublicense, share, convey or reconvey the Online 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 Online Content is wrapped or otherwise associated with, and you must not modify, translate, edit or create derivative works or adaptations of the Online Content. You must not duplicate or otherwise reproduce the Online 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.
You must use the Online 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 agree to comply with all applicable laws concerning the purchase of tickets, merchandise and other items including, with respect to merchandise, all applicable laws, regulations and ordinances of your country or other jurisdiction concerning customs and the importation of the merchandise items. Before purchasing any merchandise from us, please check your country’s or other jurisdiction’s laws to ensure your purchase and receipt of the merchandise items will be in compliance with applicable customs and import laws, regulations and ordinances. You assume all responsibility for shipments of merchandise requiring any government import or customs clearance and understand that there will be no refunds if you do not receive merchandise ordered as a result of customs or import laws or other applicable laws, regulations or ordinances. If we are notified of a failure of delivery or of a return of merchandise related to a violation or alleged violation of customs or import laws, regulations or ordinances, including, but not limited to, a refusal or failure to pay import duties, we will not be responsible or liable for any return shipping costs and your order will be canceled without refund. You represent and warrant that any merchandise or other products you purchase from us are for your own personal or household use only, and not for resale or export.
(C) Disclaimer of Warranties:
USE OF THE SERVICES, ONLINE CONTENT, ANY PRODUCTS OR ITEMS SOLD BY US, AND ANY SOFTWARE OR SYSTEMS WE PROVIDE 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 SERVICES, ONLINE CONTENT AND ANY OTHER PRODUCTS OR SERVICES 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.
(D) Your Account and Profile Responsibilities:
(E) Use of Your Information:
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 the AOT Party may be viewed by the public unless such event topic is designated as "private."
(F) Certain Prohibited Activities:
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.
(G) Company's Suspension or Termination of Access:
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:
- Bypassing the measures we may use to prevent or restrict access to the Service;
- Interfering with the proper working of the Service;
- Taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- 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;
- Attempting to gain unauthorized access to another User's account;
- Violating any law in connection with your use of the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Acting maliciously or fraudulently;
- Harassing, threatening or defaming other Users; or
- Attempting to directly undertake any of the foregoing.
5. User Content
The Service may allow Users to create Member accounts or profiles, take surveys, post feedback, comments, and questions in the "AOT Party" or in chatrooms or on message boards, send private messages to other Users, and engage in conversation with other Users in the metaverse or 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 governmental authority of any country, including the U.S. Copyright Office, 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. You understand and agree that your User Content may become publicly available outside of the Services.
7. Grant of License
8. The Company's Proprietary Rights
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 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 MyAnimeList 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 Member account without our prior written approval.
10. Copyright Policy
MyAnimeList has implemented procedures for receiving written notification of claimed copyright infringements. These procedures should be followed regardless of your jurisdiction, but are implemented specifically in light of the U.S.'s Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). 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, 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 the AOT Party website 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 MyAnimeList to locate the material.
(iv) Information reasonably sufficient to permit MyAnimeList 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 submit your notice to MyAnimeList's copyright agent:
MyAnimeList Co., Ltd.
Address: 1-1-1 Hitotsubashi Chiyoda-ku, Tokyo 100-0003 Japan
Attn: Copyright Manager
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 MyAnimeList's 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.
11. Representations and Warranties
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.
13. Third-Party Websites or Services
The Company name, "MyAnimeList", the term "MAL" and all related names, logos, product and service names, designs, and slogans are trademarks, service marks or other proprietary marks of the Company, its affiliates, its business partners or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks, service marks or other proprietary marks of their respective owners.
15. Governing Law and Venue
16. Account Termination
18. Contact Us
If you have questions about our Services, you can find additional information at our Customer Support page. You may also contact us via email at firstname.lastname@example.org by mail at 1-1-1 Hitotsubashi Chiyoda-ku, Tokyo 100-0003 Japan.