Manga Points Rules
1. Acknowledgment & Acceptance
2. Terms of Participation
The Manga Points Program begins on September 12, 2008 and is scheduled to end December 31, 2009 ("Program Period") but STM reserves the right to shorten, extend, suspend, modify or cancel the Manga Points Program, at its discretion, at any time. Only registered Members of manga.com 13 years or older that are legal residents of the United States (excluding Puerto Rico) may enroll in the Manga Points Program, become Members (as hereinafter defined), and receive awards through the Manga Points Program. All federal, state and local laws and regulations apply. Corporations or other business entities are not eligible to become Members. STM reserves the right to limit Manga Points enrollment at any time.
Manga Points Program members ("Members") may earn points ("Points") for: (1) making posts to the manga.com forum; and (2) referring friends to become registered users at manga.com (Points may also be collected through other methods as offered from time to time). The number of Points collected by a Member will be recorded and tracked via the Members My Manga account. The process for redeeming Points and available awards are set forth in the Rank and Rewards section of the manga.com site available at www.manga.com/mangapoints.
Member agrees not to abuse Manga Points privileges by conduct which is detrimental to the interests of STM, including without limitation attempting to accrue Points or redeem Points in a manner inconsistent with the Site Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in redemption fraud, or tampering with Manga Points Program award links, etc.
Points may be redeemed only on awards as offered through the Manga Points Program at the time of redemption. Points have no cash value. STM is not responsible for lost or stolen awards once issued. Awards are subject to change at any time without notice. The number of Points required to redeem an award are subject to change at any time without notice. In conjunction with redeeming Points for awards, Member agrees to confirm that all information in Member's My Manga personal profile is up-to-date and accurate.
Member agrees to promptly notify STM of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the My Manga section of www.manga.com. Member's discontinued participation in the Manga Points Program or failure to notify STM of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.
STM reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 12 consecutive months. Inactive will be defined as lack of one of the following: website visit, email response (clickthru), profile update or any Point-earning or redemption transaction. STM reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive.
Member will comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the Manga Points program if and to the extent that such participation is permitted by such laws, rules, and regulations. STM refuses to enroll Member, or to restrict, modify, or terminate Member's participation in the Manga Points Program, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in the Manga Points Program could violate any law, rule, or regulation.
Employees, officers, directors and agents of Starz Media, LLC and its respective parents, subsidiaries and affiliates, service providers, suppliers, advertising and promotion agencies and any others associated with the Manga Points Program (and members of their immediate families) are not eligible to participate in the Manga Points Program.
3. Disclaimer of Warranties
Member expressly agrees that participating in the Manga Points Program is at Member's sole risk.
The Manga Points Program and all services offered therein are provided on a strictly "as is" and "as available" basis. STM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR AWARDS OBTAINED BY MEMBERS THROUGH STM OR THROUGH STM ADVERTISERS OR PARTNERS; THAT STM WILL MEET MEMBERS' REQUIREMENTS; OR THAT THE MANGA POINTS PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES STM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MANGA POINTS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MANGA POINTS PROGRAM.
STM expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. STM will not be liable or responsible for those guarantees, warranties, and representations, if any, offered by STM advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from STM or through the Manga Points Program will create any warranty not expressly made herein.
4. Limitation of Liability
STM WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE MANGA POINTS PROGRAM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
STM is not responsible for damages or losses that result from participating or inability to participate in the Manga Points Program, or reliance on or use of information, services, or merchandise provided on or through the Manga Points Program.
Member acknowledges and agrees that STM neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
In no event will STM’s liability, either jointly or severally, exceed $100.
AT ANY TIME EITHER MEMBER OR STM MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS WILL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request via e-mail to email@example.com. Members may not earn or redeem Points after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Manga Points, Member's only recourse is to immediately discontinue participation in Manga Points and properly terminate his or her membership. (See paragraph above.)
STM reserves the right to terminate or disable, at STM's sole discretion, any membership account if STM believes such Member has violated, does not comply with or acted inconsistently with the Site Agreement and any modifications thereto. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.
STM will be the sole determiner in cases of suspected abuse, fraud, or violation of the Site Agreement and any decision it makes relating to termination of membership (including cancellation of Points) will be final and binding.
Member's right to use the Manga Points Program is non-transferable. Points are non-transferable and are void if transferred. Points and/or awards may not be bartered or sold. Membership accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
STM reserves the right to change the Site Agreement, and/or any part thereof, at any time. Member understands the most recent version of the Site Agreement will be located on the manga.com Web site.
Member's non-termination or continued use of STM constitutes an affirmative acknowledgment by Member of any modification to the Site Agreement.
STM will not be liable to Member or any third party should STM exercise its right to modify or discontinue the Manga Points Program.
All notices given by STM to Members will be given by email or by general posting on the manga.com Web site.
You may not assign your rights and obligations under the Site Agreement for any reason. STM may assign its rights and obligations under the Site Agreement at any time. In the event STM elects to assign its rights and obligations hereunder, STM will notify consumers either via email notice or by general posting on the manga.com Web site, as determined by STM in its sole discretion.
The Site Agreement sets forth the nature and extent of your relationship with STM as it pertains to the Manga Points Program. The Site Agreement will be binding upon and inure to the benefit of STM and you, and STM’s successors and permitted assigns, if any. If any provision of the Site Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Site Agreement. Any waiver of any breach or failure to enforce any provision of the Site Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of the Site Agreement will be effective only if it is in writing and signed by STM and you. The Site Agreement will be governed by the laws of the United States and the State of California, irrespective of California's conflict or choice of law rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Los Angeles, California, and STM and you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles, California. The Site Agreement constitutes the entire agreement between STM and you with respect to the subject matter of the Site Agreement. Those provisions of the Site Agreement, which by their nature should survive expiration or termination of the Site Agreement, will survive such termination.