AnimeKatana Terms of Use

Last Updated on 12 December 2017

Your use of the Services is governed by the terms and conditions stipulated below ("Terms of Use") besides the Privacy Policy and other policies stated hereunder or elsewhere on the Site. By using the Services, you signify your acceptance of the Terms of Use and consent to us processing your Personal Information in accordance with the Privacy Policy and Terms of Use, and agree to be governed by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

Eligibility:

Our Services are not intended for children under 13 years of age. We do not knowingly solicit data online from children under 13 years of age. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information of persons under 13 years of age has been collected on the Services, then we may disable such person's access to Services. If you are between the ages of 13 and 18 (or the age of legal majority in your country of residence), you may use the Services solely under the supervision of a parent or legal guardian who shall be bound by this Policy. By using the Services you represent and warrant that you are 13 years of age or older and that you have the right, authority and capacity to use the Services.

Use of Our Content

The Services, including all content and materials created by us and made available in connection with the Services including without limitation visual interfaces, interactive features, graphics, designs, computer code, products, software and other usage related data in relation with activities associated with your account and all our other elements of the Services excluding Your Content and Third Party Content, hereinafter referred to as "Our Content", is our property and are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all intellectual property laws worldwide in your use of the Services and to prevent any unauthorized copying, modifying, reproducing, republishing, uploading, transmitting, posting or distributing of the materials in any form without our prior written permission. All rights not expressly granted herein are reserved. Unauthorized use of Our Content or Third Party Content may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. We do not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information to you.

Our license to use Your Content

"Your Content" means all the information, materials and content that you upload, share or transmit to, through or in connection with the Services, including without limitation, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.

Upon submission of Your Content to us you hereby grant us a perpetual, irrevocable, royalty-free, sub-licensable, world-wide, non-exclusive, and transferable license to use Your Content for any purpose in relation to the Services. The term 'use' herein includes use, sell, copy, reproduce, transmit, broadcast, perform, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.

Acceptable Use

Subject to the terms and conditions set forth in these Terms of Use, we grant you non-exclusive, non-transferable, and limited right to access, use, and display the Services and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

You agree that you will use the Services only for lawful purposes and in a lawful manner. While using the Services, you agree that you will not:

(i)                  register under a false name or use an invalid or unauthorized email or physical address;

(ii)                use another person's account without permission;

(iii)              not create multiple accounts or business listings except as otherwise authorised by us;

(iv)               use the Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using the Services;

(v)                use VPN in order to avoid licensing regional restrictions of content;

(vi)               submit material that is protected by privacy rights, unless you are the owner of such rights or have permission from the rightful owner to post the material;

(vii)             violate any laws, third party rights, or our rights;

(viii)           post or upload obscene, unlawful, pornographic, infringing, indecent, profane, hateful, racially or ethnically offensive, vulgar, harassing, harmful, pornographic, paedophilic, threatening, abusive, false, inaccurate, misleading, defamatory, or seditious content, or such content that encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation;

(ix)               distribute viruses, codes, files, programs or any other technologies that may harm us, or the interests or property of our users;

(x)                 advertise competitor sites on the Site;

(xi)               copy, modify, sublicense, sell, resell, rent, loan, lease, transfer or distribute content from the Services and/or our copyrights and trademarks;

(xii)             harvest or otherwise collect information about users, including email addresses, without their consent;

(xiii)           use Services for any commercial solicitation or spam purposes except as otherwise authorised by us; or

(xiv)           use it in a manner or for a purpose in violation of any applicable law.

You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site's technical infrastructure without our express prior consent; (b) copy, reproduce, reverse engineer, sell, exploit, transmit, modify, create derivative works from, distribute, or publicly display any content from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site including without limitation hacking the Site, whether intentionally or unintentionally; or (d) bypass any measures we may use to prevent or restrict access to the Services.

You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name.

Cookies

Our Services may use cookies or similar technologies ("Cookie(s)") to enhance user experience. The Cookies will help the Services identify your device and remember information about your visit and other settings. If you do accept any Cookie, you explicitly agree to our use of any information collected by us through that Cookie. Please note that any such collection information is solely for the purpose of improving your experience in using the Services. You may choose to set your device/browser settings to refuse cookies. If you do so, note that some parts of the Services may not function properly.

Availability

We do not represent or promise that the Services will be continuously available. We reserve the right at any time and for any reason to modify or withdraw, temporarily or permanently, the Services (or any part thereof) with or without notice to you.

Disclaimer of Warranty

The materials on the Site are provided "as is". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to the Site.

Removal, Disablement, Termination of Your Account

We may monitor your access to the Services from time to time, and without prejudice to our right to terminate your account as mentioned below, in the event any content, in our sole opinion found to be reasonably objectionable, is in violation of the Terms of Use, Privacy Policy or any applicable law, or harmful to the interests of the Services, we reserve the right to remove, block, or disable access to such content at any time and without any prior notice. We may terminate your access to the Services at any time for any reason including without limitation violation of the Terms of Use. Terms which by their nature would continue beyond such termination including without limitation, disclaimer of warranty, accuracy of information and indemnification, shall so survive.

Limitation of Liability and Indemnity

In no event will we and our directors, officers, employees, service providers, suppliers, partners, affiliates, agents and representatives, be liable for any direct, special, punitive, exemplary, incidental or consequential damages, loss of use, loss of profits, loss of income, loss of business, loss of goodwill, loss of data, loss of programs and business interruption, whether in an action of contract, negligence or other tortuous action, arising out of the use or inability to use the Services, or any information provided on the Services, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Our total aggregate liability to you for all damages, losses and claims whether in contract, negligence, tortuous act or otherwise, shall not under any circumstance exceed US 20$.

Without prejudice to any other rights or remedies that we may have under law, contract, equity or otherwise, you agree to indemnify, defend and hold harmless us and our directors, officers, employees, suppliers, service providers, partners, affiliates, agents and representatives from and against all losses, expenses, damages, suits, liabilities, proceedings, claims and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by you of the Site or any content or services provided thereon, or as a result of your breach of the Terms of Use.

Revisions and Errata

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete, or current. We may make changes to the materials contained on our Site at any time without notice. We do not, however, make any commitment to update the materials.

We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable. We make no representations, warranties or undertakings that the Services, or the server that makes it available, will be compatible with your equipment or free from defects, including but not limited to viruses or other harmful elements. We accept no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond our control, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Services or your equipment.

Links and Third Party Content

You acknowledge and agree that any third party content available on the Site including any links ("Third Party Content") is not created by us nor are any products or services offered through it. You acknowledge that the Third Party Content provided is obtained from sources believed to be reliable, but that no guarantees are made by us or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.

We have no control over such Third Party Content and hold no responsibility for the content, privacy policies or practices of the Third Party Content. You agree not to hold the Site, any products or services through the Site or any provider of Third Party Content liable for any decision or transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason, or any damages, claims, losses, expenses, liabilities, suits or proceedings arising out of your use of Third Party Content.

Copyright Infringement Notification

The objective of our Services is to assort and create a repository of the best and widest varieties of anime content available online through legitimate means which is easily accessible to everyone and is free of cost. We have in our good faith, endeavored to provide you such anime content, curated either through legally binding agreements or publicly available legal channels, and to the best of our knowledge, such content is non-infringing in nature.

However, if you are an intellectual property owner or an agent thereof and still have a reason to believe that any content provided through the Services or User Submissions, including through a link, infringes your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act, 1998 ("DMCA") to our designated agent comprising substantially the following:

1.       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4.       Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5.       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.

6.       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.

We shall take appropriate action towards each infringement claim received, in accordance with the applicable laws.

The above written notice shall be sent to the following email address:

hello@animekatana.com

Governing Law

These Terms of Use shall be governed by the federal laws of United States of America excluding any laws that direct the application of another jurisdiction's laws. You agree that the competent courts in New York, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

General

These Terms of Use constitute the entire agreement between us and you with respect to the use of the Services. Any cause of action that you may have with respect to the use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Capitalized words not defined herein shall have the same meaning as ascribed to them under the Privacy Policy.

Modification

We may at our sole discretion change the Terms of Use from time to time. We encourage you to periodically revisit the Terms of Use to stay aware of any changes. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes. If you do not agree to the Terms of Use or any changes thereto, please discontinue using the Services.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and the terms of use posted for a specific area of the Services, the latter shall have precedence with respect to your use of that area of the Services.

Last updated: 12 December, 2017

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