Terms of Use Agreement
- INTRODUCTION
- 1. Amendments to These Terms of Use
- 2. Eligibility
- 3. Limitation of Liability
- 4. Use of the Service
- 5. User Content
- 6. Privacy Policy
- 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
INTRODUCTION
Welcome! This Terms of Use Agreement ("Agreement" or "Terms of Use") is entered into by and between you and MyAnimeList Co., Ltd. ("MyAnimeList", "MAL", "we", "us", "our" or "Company"). This Agreement governs your access to and use of the online Anime Finale Commemoration "Attack on Titan" Worldwide After Party ("AOT Party") website at https://party.shingeki.tv and its subdomains and any other MyAnimeList online services, offerings and applications related to the AOT Party (collectively, the "Service" or "Services") owned, operated or controlled by MAL that link to these Terms of Use. Please read this Agreement refully because it is legally binding and governs your access to and use of our Service, including any Company Content and User Content (defined below). This Agreement applies to all visitors, users, Members (referenced below), and others who access or use the Services ("User" or "Users"). All references to "you" or "your," as applicable, mean the User or other person or entity who accesses or uses the Services in any manner.
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use, the AOT Party Privacy Policy, and any additional terms and conditions (including, for example, terms and conditions that may be included in MAL Frequently Asked Questions or "FAQ" posts), notices and disclaimers displayed through the Service, whether or not you are a registered user of the Service. You agree that by clicking "Sign Up", "Join", "Register" or other similar registration links or buttons or by accessing or using the Service, you are agreeing to enter into a legally binding contract with the Company. If you do not agree to these Terms of Use, the AOT Party Privacy Policy, or any other terms and conditions, notices or disclaimers displayed through the Service, do not click "Sign Up", "Join", "Register" or other similar links or buttons and do not access or use any of our Services.
1. Amendments to These Terms of Use
These Terms of Use may be amended by us from time to time and we reserve the right to do so at any time. When we amend these Terms of Use, we will provide notice to you. We may provide you notice of amended Terms of Use by sending an email to the email address associated with your AOT Party user account (if you have chosen to provide an email address) or by otherwise providing notice through our Service. Any amendments to the Terms of Use will be posted here and the date indicated on the top of the Terms of Use will state the date the Terms of Use were last revised. Continued use of the Service after any amendments to the Terms of Use and after we have provided you notice of the amended Terms of Use constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.
2. Eligibility
Our Services are not directed to or intended for anyone under the age of 13 globally or anyone under age 16 in Europe. If you are age 16 or over in Europe or age 13 or over in the U.S. (or elsewhere) but are still under the age of majority in your jurisdiction, then by accessing or using our Services you represent that you have the permission of your parent or guardian to use our Services and agreement to be bound by these Terms of Use and the AOT Party Privacy Policy.
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).
If you do not agree or are not in compliance with these Terms of Use, you may not use our Service.
3. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT, IN CONNECTION WITH OF OR RESULTING THESE TERMS OF USE OR FROM YOUR USE OF OUR SERVICE OR PURCHASE OF ANY PRODUCTS OR OTHER ITEMS FROM US, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES, ONLINE CONTENT (DEFINED BELOW) OR OTHER ITEMS OR PRODUCTS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICE.
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:
Company grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to use the Service solely for your personal, noncommercial use, and as set forth in this Agreement, provided that (a) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose, (b) you will not copy, distribute, or disclose any part of the Service in any medium, and (c) you will otherwise comply with the terms and conditions of this Agreement. Company may revoke this license at any time, and in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Service, as well as all copies of such materials, whether made in accordance with these Terms of Use or otherwise.
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.
Purchases of tickets, merchandise and other items cannot be exchanged for other items and are non-refundable, except as expressly stated in these Terms of Use or any other terms we may post. All purchases are non-refundable unless terms we post for a particular purchase state otherwise. Tickets and digital items purchased cannot be used after the AOT Party and will not be refunded, regardless of whether or not you used them. However, if we cancel merchandise or other product sale for our convenience, we will refund you the purchase price. If we cancel or postpone an event for which you have purchased a ticket, we may, upon your request, exchange your ticket for an item of approximately the same value or provide another substitute. In the event of a refund you the purchase price for the ticket, although we may retain an administration fee in the amount of up to 20% of the purchase price.
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.
Online streaming events, digital items, products, services or content (collectively, "Online Content") that you may purchase access to is owned by us and/or our licensors and is protected by intellectual property laws and treaties. We do not transfer any title, right or interest to or in Online Content to you. Upon streaming, downloading and/or use of Online Content and payment of the purchase price and any other applicable fees, we grant you a non-exclusive and non-assignable license to use, download, access, view and display such Online Content only on the number and type(s) (if so limited) of devices specified, and solely for your personal, non-commercial use in accordance with these Terms of Use and any other terms and conditions which may be presented to you in connection with the Online Content.
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.
Additional terms and conditions may also apply to tickets, merchandise sales, digital items purchases or other online purchases, which may be presented to you at the time of purchase ("Additional T&C's"). All Additional T&C's are hereby incorporated by this reference into these Terms of Use, and to the extent any Additional T&C's conflict with any terms in these Terms of Use, then the Additional T&C's will govern and take precedence over the Terms of Use with respect to the conflicting term(s).
(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:
When creating your account or profile, you must provide complete and accurate information, and you must update your information to keep it accurate, current, and complete. You are solely responsible for the activity that occurs on your profile or account, and you must keep the password for your profile or account secure at all times. You must notify the Company immediately should there be any unauthorized use or breach of security of your profile or account. To the extent permitted by applicable law, the Company will not be liable for your losses caused by any unauthorized use of your profile, account or purchase of tickets, products or other items. However, to the extent permitted by applicable law, you shall be liable for any losses incurred by the Company or others due to any unauthorized use of your account, profile or purchase of tickets, products or other items as a result of your wrongdoing, negligence or violation of these Terms of Use. You may never use another Member's profile, account or purchase of tickets or other items without our written permission.
(E) Use of Your Information:
When you provide the Company with your email address, you consent to our using the email address in accordance with the AOT Party Privacy Policy. Further, to ensure that we can be responsive to user and community needs, you understand that we will have access to data associated with your account, including usage data and registration data (such as, but not limited to, email address, current and previous usernames, current IP and previous IP addresses associated with registration, login(s) and failed login(s)). You authorize us to review such information as reasonably necessary to investigate complaints, respond to appeals, or for such other purposes as contemplated in the AOT Party Privacy Policy or these Terms of Use.
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;
- Using the Service to harvest, collect, gather or assemble information or data regarding the Service or Users of the Service except as permitted in these Terms of Use or in a separate agreement with MyAnimeList;
- 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.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor User activity, including disputes between you and other Users, and to take any action or not take action in a manner and to the extent we deem appropriate to prevent the violation or further violation of these Terms of Use. Company shall have no liability for your interactions with other Users, or for any User's action or inaction.
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.
6. Privacy Policy
Please refer to the AOT Party Privacy Policy. By using the Service, you grant Company the right to collect, store, use, share and/or disclose information in the manner permitted by the AOT Party Privacy Policy.
7. Grant of License
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a non-exclusive, worldwide, sublicensable, transferable, royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, without any further consent, notice and/or compensation to you or others. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the AOT Party Privacy Policy.
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.
9. Security
To use certain features of our Service, you will be required to create a Member account and provide us with a username, password, and certain other information about yourself as set forth in the AOT Party Privacy Policy.
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
Email: legal@mail.myanimelist.net
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.
12. Indemnity
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 Service may contain links to third-party websites, applications, or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, applications or services. If you access a third party website, application or other services, you should review such third party's terms of use and privacy policy and you access such third party's websites, applications or services at your own risk.
You understand that this Agreement and the AOT Party Privacy Policy do not apply to your use of such third party sites, applications or services. You expressly agree that Company will not be liable for any problems or damage arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with the third party manufacturers or other producers of merchandise or other products available through our Services, and any other terms (such as warranties) are solely between you and such third parties. You agree that Company shall not be liable for any loss or damage of any sort relating to your dealings with such third parties.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions or terms of use and privacy policy of any third-party website or service that you visit.
14. Trademarks
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
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Japan without giving effect to any choice or conflict of law provision or rule (whether of Japan or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Services or these Terms of Use shall be instituted exclusively in the Tokyo District Court located in Tokyo, Japan, although we and our business partners retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Account Termination
As stated above if you do not agree to these Terms of Use, the AOT Party Privacy Policy, or any other terms and conditions (including, for example, terms and conditions that may be included in MAL Frequently Asked Questions or "FAQ" posts), notices or disclaimers displayed through the Service, do not click "Sign Up", "Register", "Join" or other similar links or buttons and do not access or use any of our Services. If you wish to delete your account and discontinue your use of the Service prior to the time we shut down the AOT Party website, please contact our Customer Support.
We may deactivate, delete, suspend or terminate your account, or ability to access or use the Service at any time if you violate any of these Terms of Use.
The following sections, and any terms or conditions which by their nature survive termination, will survive any termination of these Terms of Use or of your accounts: Section 3 (Limitation of Liability), Section 4 (Use of the Service), Section 5 (User Content), Section 7 (Grant of License), Section 8 (The Company's Proprietary Rights), Section 12 (Indemnity), Section 14 (Trademarks), Section 15 (Governing Law and Venue), Section 16 (Termination), and Section 17 (Miscellaneous).
17. Miscellaneous
(A) These Terms of Use constitute the entire agreement between you and us regarding your access to and use of the Service.
(B) Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.
(C) If any provision of these Terms of Use is, for any reason, held to be illegal, invalid or unenforceable, you and the Company agree that the rest of the Terms of Use will remain in full force and effect, the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms of Use shall in any event otherwise remain valid and enforceable.
(D) You may not assign or transfer any of your rights (including any licenses granted to you) or obligations under these Terms of Use without our consent. Any attempted transfer or assignment by you will be void and ineffective We may freely assign these Terms of Use.
(E) You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
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 support@myanimelist.net by mail at 1-1-1 Hitotsubashi Chiyoda-ku, Tokyo 100-0003 Japan.