TERMS OF SERVICE FOR THE MANGA.COM WEBSITE
Thank you for visiting the manga.com web site, located at www.manga.com (the "Site"). The Site is owned, operated and/or managed by Starz Media, LLC ("Starz Media"). Starz Media reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Site, or any provision of the Site Agreement, in whole or in part, at any time. Changes to the Site Agreement will be effective when posted. Without obligation to do so, Starz Media may also notify you of such changes via email or through messaging on the Site. You nevertheless agree to periodically review the copies of the Site Agreement posted so that you are aware of any changes. Your continued use of the Site in any way after any changes to the Site or the Site Agreement are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
1. OWNERSHIP AND COPYRIGHT
As between you and Starz Media, the Content, the Site, the Site Content, are owned by Starz Media and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means any and all motion pictures, live action or animated programs or episodic series, sports or music content offered as products streamed and/or downloaded from the Site. "Site Content" means any and all other human readable audio and/or visual elements of the Site created or owned by Starz Media, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, movie trailers or episodic works, home movies and digital photography), designs, logos, information and other content made available through the Site by either Starz Media on its own, or by Starz Media in concert with third parties, whether part of the design of the Site or otherwise. Any and all underlying patentable or copyrightable elements (or protectable as trade secrets or otherwise under intellectual property laws) of the Site, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Site shall be considered the "Site Code." Unless expressly permitted by Starz Media, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit in whole or in part any Content, Site Content or Site Code. Any violation of copyright or other intellectual property laws may result in severe civil and criminal penalties.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE
Starz Media hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Site, Site Code, Site Content and the Content in accordance with the Site Agreement. Starz Media grants you this limited license for your personal use, and not for any commercial purpose. The use of the Content, the Site, the Site Content or the Site Code for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use this Site, the Content, Site Content, Site Code or any other material or information contained therein; (2) collect or use any product listings, descriptions or any prices for any reason; (3) create derivative works from the Content, Site Content, Site Code or any other materials or information contained therein; (4) download or copy account information of any third party for the benefit of another merchant; or (5) use data mining, robots, or other data gathering and extraction tools. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Starz Media name, the Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Starz Media, and/or our affiliates or subsidiaries or Content providers without Starz Media's express written consent. You may not use any meta-tags or any other "hidden text" utilizing Starz Media, Starz Media's affiliates, subsidiaries or Content providers, or any tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of Starz Media. Notwithstanding the foregoing, you may hyperlink to the homepage of the Site (www.manga.com) on a non-exclusive basis, provided that your use conforms with the following: (1) the Starz Media Marks (as defined in Section 5, below) may not be modified or altered in any way; (2) you may not use the Starz Media Marks to imply endorsement of your product or service, or to disparage Starz Media, Starz Media's affiliates, or their respective products or services; (3) associate Starz Media, Starz Media's affiliates, the Content, Content providers, or their respective products or services with any other web site, products or services that Starz Media may find, in its sole judgment, to diminish or damage the goodwill in the Starz Media Marks, including, without limitation, pornographic services or products. Further, the Starz Media Marks may not be exhibited in such a way as to make them more prominent than any other content, products or services on your site; and link, your site and/or the contents and subject matter of your site shall not infringe Starz Media's or any third party's intellectual property rights or violate any state, federal, or international law. The following notice shall be included on the first web page of your site on which the link appears: "Starz Media, Manga and related service marks are the property of Starz Media, LLC. All rights reserved." Starz Media may terminate the rights granted in this paragraph at any time, in its sole discretion, without liability or obligation to the other of any kind. Starz Media has the right, but not the obligation, to inspect your Web site from time-to-time to ensure compliance with these requirements. In the event your rights are terminated, you will remove all references to Starz Media and the Starz Media Marks, including the Link, within twenty-four (24) hours of written request by Starz Media. Failure to do so shall constitute an unauthorized and potentially infringing use of such items.
3. RESTRICTIONS ON USE OF THE SITE AND SITE CONTENT
You may not and you hereby agree that you will not: (1) use the Site for public exhibition of the Content; (2) reverse engineer, decompile or disassemble any files containing the Site Code, the Site Content or the Content or otherwise attempt to "crack" the files or obtain their source code; (3) remove or alter any copyright, trademark or other proprietary notice contained in any computer file in which the Content or Site Content is contained or the Content or Site Content itself; or (4) use the Site Content or the Content in any manner not set forth in this Agreement. Further, as a condition of your use of this Site, you represent and warrant that you will not use the Site, or any of its component Content, Site Content or Site Code for any purpose that is unlawful or prohibited by the Site Agreement. If you breach any of these covenants, your authorization to use the Site shall automatically terminate and civil and criminal penalties may apply.
4. COPYRIGHT NOTICE
If you are under the good faith believe that any materials or information on the Site have been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below: Your name, address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; The exact URL or a description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Starz Media, LLC 2950 Hollywood Way, 3rd Floor Burbank, California 91505 Attn: Copyright Agent By this filing, Starz Media does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available to it under the copyright law or otherwise. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send Starz Media a counter-notice pursuant to the statutory requirements imposed by the DMCA, including, without limitation, 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. If we receive a proper notification (or if we believe in our sole and absolute discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Site, at any time in our absolute discretion with or without notice. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
Starz Media, Manga and all related registered and unregistered service marks ("Starz Media Marks") are the property of Starz Media, LLC. Some of the characters, logos or other images incorporated by Starz Media, LLC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners The Starz Media Marks may not be used without the express written permission of Starz Media. The Starz Media Marks may not be used in connection with any product or service other than as expressly permitted by Starz Media in writing, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Starz Media, its parent and affiliated companies, the Site or any other product or service of Starz Media or its parent and affiliated companies. You gain no right to use any Starz Media Marks or those of any other entity by virtue of your use of the Site.
6. MARKETING, PERSONAL DATA COLLECTION
7. PRODUCT DESCRIPTIONS
Starz Media, its affiliates and Content partners attempt to describe its products as accurately as possible. However, Starz Media, its affiliates and Content partners do not warrant that the product descriptions pertaining to the Content or Site Content are accurate, complete, reliable, current or error-free.
8. PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
Features, specifications, services and/or prices offered from the Site may change at any time without notice and Starz Media does not provide price protection or refunds in the event of a price drop or a promotional offering. Special product or service offerings and promotions displayed on the Site are considered no longer valid once they are removed from the Site. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice. You may register only once for special offers or trial offers, and you agree not to register multiple times for the same special offer or trial offer using multiple names, email addresses or other devices designed to circumvent this limit.
You may terminate your use of the Site at any time. Your right to use the Site will automatically terminate if you fail to comply with any provision of this Site Agreement. If your relationship with the Site is terminated due to your actions or inactions, you must cease all use of the Site.
10. CONFIDENTIAL AND PROPRIETARY INFORMATION
11. FORUM SERVICE RULES
From time to time, Starz Media may make various chat rooms, message boards, or other interactive forums ("Forums") available to consumers to communicate with other Service users, customer service representatives, etc. You may post comments, content, submit suggestions, ideas, questions, or other information to the Site community and its Forum and other interactive areas, so long as such content complies with the following Forums Service Rules. If the Forums Service Rules are not acceptable to you, you should immediately discontinue your use of the Forums. You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account while utilizing the Service, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Service. Listed below are some, though not all, violations that may be punishable by law or may also result in Starz Media terminating or suspending your access to the Forum or the Service. You agree not to do any of the following actions while using any Forums: Harass, threaten, embarrass or cause distress or discomfort upon another Forum or Service user or other individual or entity; Transmit any content considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, libelous, racially, ethnically or otherwise objectionable; Cause any Forums, or a party's use of the Service, to be disrupted by uploading, posting, or otherwise transmitting scripts, viruses, or other programs designed to inhibit the functionality of or destroy any software or hardware connected to the Forums or the Service; Impersonate in any of the Services any person, including, but not limited to, a Starz Media or Service official, chat or message board leader, guide or host or expert; Disrupt the normal flow of dialogue in a Starz Media chat room or forum, or otherwise act in a manner that negatively affects other participants; Post topics unrelated to the specific subject of the forum including but not limited to rumors or speculations about existing or unreleased Service releases or Starz Media products or services, discussions of Starz Media policy and procedures, and non-constructive complaints or petitions. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation of a commercial nature while using the Forums or Service; Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any of the Forums or Service; Invade the privacy or violate any personal or proprietary right or interest of any person or entity; and Infringe the intellectual property rights or similar rights of any party, including, but not limited to, copyrights and trademarks, of any person or entity. By posting or uploading personal content to any Forum or Service ("Forum Content"), you automatically grant (or warrant that the owner of such rights has expressly granted) Starz Media a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, morph, scan, publish, translate, transmit, sub-license, create derivative works from and distribute such materials or incorporate such Forum Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the Forum Content as uploaded or posted by you does not violate any person's so called "Rights of Authors" or "Moral Rights" (Droit Morale) (or other similar or analogous rights under any applicable laws of any country of the world). You understand that the uploading to and/or posting of any Forum Content, using any Forum or using the Service shall not be subject to any obligation of confidence on the part of Starz Media, and Starz Media shall not be liable for any use or disclosure of any such Forum Content. Further, the views expressed in the Forum Content are not endorsed by Starz Media and Starz Media shall bear no liability for their exhibition or publication. Users shall use the same Log In and password they would use for the rest of the Service. Your screen name is all that anyone needs to know. Don't EVER give out your real age, full name, gender, home address, phone number or other personal information to anyone you meet in a chat room or online. The Service has been designed primarily for personal use and is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. Accounts are also not intended to be used for FTP (File Transfer Protocol) access and downloading. Violations may result in termination of your account. Failure to terminate on the first instance of a violation shall not be considered a waiver of the right to do so on future occasions. Users may not post any information designed to promote or generate revenue for any business activity. The types of commercial or business uses that are prohibited in the Forum and in connection with the use of your Account include the following: Soliciting for advertisers or sponsors; Posting sponsorships and third-party advertisements and banners; Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Service users; Reselling, renting or subleasing Service space under any circumstances; Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Service users other than for personal, non-commercial purposes; and Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters. You agree to indemnify Starz Media and all of its affiliates, subsidiaries and assigns, for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading to and/or exhibiting any Forum Content on the Service or your failure to comply with the Forum Service Rules. While Starz Media does not and cannot regularly review Forum Content posted by users of the Service and is not responsible for the contents or subject matter of these submissions, Starz Media reserves the right to delete, move, take down, restrict access to or edit Forum Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or otherwise unacceptable for any reason, and/or violates the terms of these Forum Service Rules.
12. USER SUBMISSIONS
Starz Media is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Site provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Starz Media through the Site (collectively, the "Submission") will forever be the property of Starz Media. Starz Media will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future Starz Media products, services or operations. Without limitation, Starz Media will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Starz Media will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Starz Media, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
12. POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13
Starz Media encourages the responsible use of the internet by children together with their parents and to that end, Starz Media does not collect or use any personally identifiable information submitted or posted to the Site from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
13. ACCURACY AND INTEGRITY OF INFORMATION; AVAILABILITY OF SITE
Although Starz Media attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the information provided on the Site or the Site's availability at any time. Information contained on the Site may be changed or updated without notice.
14. FORWARD LOOKING STATEMENTS
The Site may contain forward-looking statements regarding Starz Media's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
You may not assign your rights and obligations under this Site Agreement for any reason. Starz Media may assign its rights and obligations under this Site Agreement at any time. In the event Starz Media elects to assign its rights and obligations hereunder, Starz Media shall notify consumers either via email notice and/or written notice, as determined by Starz Media in its sole discretion.
16. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER STARZ MEDIA, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STARZ MEDIA, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STARZ MEDIA, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. THIRD PARTY SITES