ASIANFANFICS TERMS OF USE

Effective: March 1, 2015

Community Guidelines

1. If you're new, the Social section is an easy way to meet other people.

2. Karma points allow you to do special actions. People can gift some to you to show appreciation and vice versa.

3. Don't be a jerk. If a ton of people are complaining about you, we'll notice.

4. Content depicting extreme violence, rape, or any form of pedophilia is banned and may be removed or deleted. See Content Guidelines for more information.

5. Posts with mature content must be marked as Rated M.

6. You must be 13 years old or older to access this site

7. You must be 18 years old or older to view content marked Rated M.

8. Violation of these terms may get you banned from the Site.

How to Get Banned

1. Plagiarize a copyrighted work.

2. Post content prohibited under the Content Guidelines.

3. Don’t mark content with adult themes or explicit situations as Rated M.

Terms of Use

This Terms of Use Agreement (the “Terms of Use”) sets forth the legally binding terms and conditions for your use of the service owned and operated by Jado Interactive LLC, a Wyoming company, d/b/a Asianfanfics (“ASIANFANFICS”), including, without limitation, the www.asianfanfics.com website and domain name (the “Site”), mobile applications and any other linked pages, features, content, or application services offered from time to time by ASIANFANFICS in connection therewith (collectively, the “Service”).

Please read these Terms of Use carefully before using the Service offered by ASIANFANFICS.

BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ACCESSING, VISITING, BROWSING, SCRAPING OR CRAWLING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF STORIES, IMAGES, VIDEOS, INFORMATION, CONTENT AND OTHER MATERIALS OR SERVICES ON THE SITE.

We reserve the right, in our sole discretion, to change these Terms of Use at any time, and will publish a revised version of these Terms of Use on the Site.  You are responsible for regularly reviewing these Terms of Use.  Continued access and use of the Site following any such change means you accept and will abide by the changes.

1. Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained herein “as is” and all other operating rules, policies and procedures that may be published from time to time on the Site by ASIANFANFICS. In addition, some features of the Service may be subject to additional terms and conditions promulgated by ASIANFANFICS from time to time; your use of such features is subject to those additional terms and conditions, such as the Content Guidelines, Privacy Policy and the Karma Points Services Agreement, which are incorporated into these Terms of Use by this reference. By accepting this Terms of Use, you agree to abide by the terms of the Content Guidelines, Privacy Policy and the Karma Points Services Agreement, where applicable.

2. Eligibility

The Service is available only to individuals who are at least 13 years old. You represent and warrant (i) that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal or guardian consent and are competent to enter into an agreement to accept these Terms of Use and to use the Service; (ii) that all registration information you submit is accurate and truthful; and (iii) that your use of the Service does not violate any applicable law or regulation. Asianfanfics may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

3. Registration

As a condition to using certain aspects of the Service, you will be required to register with ASIANFANFICS and select a password and screen name (“Username”). You shall provide ASIANFANFICS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your ASIANFANFICS account. You shall not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as an Asianfanfics Username a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. ASIANFANFICS reserves the right to refuse registration of, or cancel a ASIANFANFICS Username or account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ASIANFANFICS password. You shall never use another user’s account without such other user’s express permission. You will immediately notify ASIANFANFICS in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

Although ASIANFANFICS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ASIANFANFICS or others due to unauthorized use.

4. Ownership of Site and Site Content

You agree that the Service contains content specifically provided by ASIANFANFICS, its partners and users and that such content is protected (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws (collectively, “Site Content”). Site Content includes without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content.

5. Use of Site Content

You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Site Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Site expressly authorizes you to do so, download or copy the Site Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Site Content. You shall not store any significant portion of any Site Content in any form. Copying or storing of any Site Content for other than personal, noncommercial use is expressly prohibited without prior written permission from ASIANFANFICS, or from the copyright holder identified in such Site Content’s copyright notice.

6. Trademarks

All trademarks, logos, service marks and trade names, which includes “asianfanfics,” “asianfanfics.com” and the “asianfanfics” logo, (collectively, the “Trademarks”) displayed on the Site or Service are registered or unregistered Trademarks of ASIANFANFICS, its partners and/or others, and may not be used unless authorized by the Trademark owner.  All Trademarks not owned by us that appear on the Site or Service, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.

7. Consideration

You acknowledge and agree that your access to and use of the Service are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Terms of Use.

8. User Posts

The Service will provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content such as stories, photos, videos, links to third-party sites, messages, comments and communications, to the Services (“User Posts”). By posting to the Site or otherwise through the Service, you represent and warrant that:

- your User Post and related communication meets the Content Guidelines and does not otherwise violate these Terms of Use;

- you own or otherwise control, or have the license to all rights to use such User Posts and that disclosure and use of such User Posts by ASIANFANFICS via the License (described below) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity;

- there is no need for any permission from or payment to any other person or entity, to use, and to authorize us to use, your User Post in all manners contemplated by these Terms of Use (including the License set forth below), and that any “moral rights’ in your User Post have been waived;

- you understand that (i) ASIANFANFICS shall have the right to reformat, excerpt, or translate User Posts, including any materials, content or information submitted by you; (ii) that all information publicly posted or privately transmitted through the Site or otherwise through the Service is the sole responsibility of the person from which such content originated; and (iii) that ASIANFANFICS will not be liable for any errors or omissions in any content.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

9. License

You grant to ASIANFANFICS a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable and sublicensable, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit your User Post, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Site and on third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "License").

We cannot be responsible for maintaining User Posts, and we may delete or destroy your User Post at any time. You warrant that you are authorized to grant all of the aforementioned rights to the User Post to ASIANFANFICS and all users of the Service.

10. Public Forums and Communication

"Public Forum" means an area, site or feature that may be offered as part of any ASIANFANFICS Site that offers the opportunity for you to post content for viewing by one or more ASIANFANFICS Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail function.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to your posts to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. We do not verify or authenticate the identity of any other users with whom you may interact in the course of using the Service.

You are and shall remain solely responsible for all content posted on or through any ASIANFANFICS Service under your Username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You understand that when using the ASIANFANFICS Site, you will be exposed to User Posts from a variety of sources, and that ASIANFANFICS is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to such User Posts. You further understand and acknowledge that you may be exposed to User Posts that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ASIANFANFICS with respect thereto, and agree to indemnify and hold ASIANFANFICS, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

ASIANFANFICS does not endorse any User Post or any opinion, recommendation, or advice expressed therein, and ASIANFANFICS expressly disclaims any and all liability in connection with User Posts.

We reserve the right, in our sole discretion and without notice to you to edit, delete, move, modify or otherwise take any action with respect to any User Post.

11. Prohibited User Conduct

You warrant and agree that, while accessing or using the Servicr, you will not:

- use the Service in any manner that violates these Terms of Use, including the Content Guidelines, or the laws in your jurisdiction;

- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or ASIANFANFICS;

- submit any materials or communicate any information that is (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is obscene or pornographic; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

- use the Site or Service in violation of the intellectual property or other proprietary or legal rights of ASIANFANFICS or any third party;

- submit any materials or communicate any information that is illegal or encourages or advocates illegal activity or the discussion of illegal activities, with the intent to commit them;

- submit any materials or communicate any information that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

- use the Site or Service in any manner which we determine, in our sole discretion,  uses ASIANFANFICS resources or User Post with the effect of or displacing the market for ASIANFANFICS;

- post any links or content that contains pirated software, hacker programs or archives and warez sites;

- post any links to adult content sites;

- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;

- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, spamming, pinging, “flooding” servers with requests, mail bombing and piracy of software;

- use the Site or its services in violation of any applicable law; or

- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or Service.

You alone are responsible for the content and consequences of your activities while you are visiting or using Service, and ASIANFANFICS disclaims any and all liability for such use.

12. Links From The Site to Third Party Site

As a convenience for users, the Site may contain links to websites maintained by third parties.  You acknowledge and agree that ASIANFANFICS does not operate, control or endorse, in any respect, the information, content, products, services, advertising, or other materials that may be found on a third party site.  When you link to a third party site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of third party sites, and any reliance on the contents of a third party site  is at your own risk.

13. Links To The Site From Third Party Websites

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right, in our sole discretion, to revoke your right to link to the Site from any other website at any time.  You agree to discontinue any link to the Site, when and as requested by ASIANFANFICS.

14. Right to Monitor and Editorial Control

ASIANFANFICS is a social media platform that facilitates the sharing of user-generated content by its user community. ASIANFANFICS is not responsible for any material or User Posts posted by users. Even though we are not legally accountable for such material, ASIANFANFICS reserves the right, in its sole discretion, to suspend or terminate a user account, or to remove any content that does not meet the Content Guidelines, violates the Terms of Use, or is otherwise offensive or inappropriate, as determined by ASIANFANFICS, in its sole discretion.

We may also impose limits on certain features or restrict your access to part or all of the Service without notice or penalty if we believe you are in breach of the Content Guidelines, Terms of Use or applicable law, or for any other reason without notice or liability.

ASIANFANFICS reserves the right to disclose any information as necessary to satisfy any law, regulation or government request.

15. Volunteers

ASIANFANFICS may engage volunteers to assist with the operation of the Service. All ASIANFANFICS volunteers are required to be 18 years of age or older, or acting with the consent of a parent or legal guardian. Unless otherwise agreed to in writing, all volunteer positions are accepted without remuneration.

Volunteers agree not to use inflammatory, indecent, obscene or threatening language while volunteering for ASIANFANFICS, and agree not to use or violate the intellectual property of others. ASIANFANFICS reserves the right to terminate any person’s volunteer status when the relationship is, in ASIANFANFICS sole discretion, harmful to the ASIANFANFICS community or is otherwise no longer productive.

Volunteers understand and agree that rights to all intellectual property created by volunteers while volunteering on behalf of ASIANFANFICS vests in ASIANFANFICS at the time such intellectual property is created.  In jurisdictions where such vesting is not permitted by law, each volunteer assigns such rights to ASIANFANFICS at the time of creation or grants a perpetual worldwide irrevocable licenses to use such content, as allowed by applicable law.

16. Indemnification

You agree to indemnify and hold harmless ASIANFANFICS and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your User Posts or your use of the Service in any way, your placement or transmission of any advertisements, links, message, content, information, software or other materials on, to or through the Service, your purchase or use of the Asianfanfics Virtual Currency or your violation of law or breach of the Content Guidelines or thisTerms of Use. ASIANFANFICS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by ASIANFANFICS.

17. Copyright Agent

To file a copyright infringement notification with us under the DMCA safe harbor program, you will need to send a communication to us with the following information:

- Include a statement telling us that you have found a content on ASIANFANFICS which you believe infringes your copyright (for example, "I hereby confirm that I believe the story identified below infringes my copyright").

- Tell us which country your copyright applies to.

- Tell us the title of the content concerned and the full URL for its page.

- Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)

- Identify the type (e.g. a book, a short story, a poem, etc.) and details of (e.g. title, publisher, dates, etc.) the copyrighted work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.

- Provide contact information so that we can get in touch with you (email address is preferred).

- Provide contact information we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).

- Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”

- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

- Send the notice, in English, to the following address:

Copyright Agent:

Attn: Asianfanfics Designated Copyright Agent

Jado Interactive LLC

340 S Lemon Ave #8985

Walnut, CA 91789

U.S.A.

e-mail: [email protected]

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Make sure you know whether the content that you have seen on ASIANFANFICS infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

18. No Authorization Where Illegal

ASIANFANFICS controls and operates the Service from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.  If you choose to access the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.

19. Warranty Disclaimer

YOU AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND THAT YOUR USE OF THE ASIANFANFICS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASIANFANFICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. ASIANFANFICS MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS SITE, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SITE CONTENT, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE CONTENT, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASIANFANFICS WEBSITE. ASIANFANFICS EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP.

ASIANFANFICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING ASIANFANFICS USER POSTS) THROUGH THE ASIANFANFICS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASIANFANFICS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ASIANFANFICS DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE CONTENT, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, ASIANFANFICS SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT.

20. Limitation of Liability

IN NO EVENT SHALL ASIANFANFICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SITE OR SERVICE, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SITE CONTENT, THE ASIANFANFICS KARMA FEATURES AND THE ASIANFANFICS VIRTUAL CURRENCY POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASIANFANFICS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ASIANFANFICS SHALL NOT BE LIABLE FOR USER POSTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF ASIANFANFICS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE ASIANFANFICS KARMA FEATURES, THE ASIANFANFICS VIRTUAL CURRENCY OR ANY OF THE ASIANFANFICS MATERIALS OR FUNCTIONS AT THIS SITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ASIANFANFICS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY OR LICENSED TO ASIANFANFICS AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY ASIANFANFICS WEB SITE, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

21. Termination

ASIANFANFICS may terminate, change, suspend or discontinue any aspect of the Service at any time. ASIANFANFICS may restrict, suspend or terminate your access to the Service and/or this Terms of Use if we reasonably believe or suspect you have acted inappropriately on the Site or you are in breach of the Terms of Use, Content Guidelines or applicable law, or for any other reason without notice or liability. Additionally, ASIANFANFICS may terminate use or access privileges to the Service of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Service. This Agreement is effective until terminated by you or by ASIANFANFICS for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Service and to immediately destroy all materials obtained from it.

In event that the account is terminated, we may retain your User Posts for a commercially reasonable period of time for backup, archival or audit purposes. We may continue to display your User Post where it implicates other users (e.g., communications between you and other users, your comments on other stories, blogs, polls, etc..). Also, due to technical reasons, your ASIANFANFICS’ Username will remain on the Site. However, we will use our best efforts in the future to implement a solution to mask your ASIANFANFICS’ Username from public view.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property provisions, warranty disclaimers, indemnity and limitation of liability.

22. Arbitration

You agree that any claim or dispute between you and ASIANFANFICS arising out of or relating to the Service, including the enforceability of this TOS, will be resolved by final and binding arbitration, on an individual claim basis only.  Arbitration will be administered by the American Arbitration Association, under its Consumer Arbitration Rules. Submissions may be entered on paper, telephonically or in person. If in person, the arbitration will be held in New York, NY or another location we agree to. The decision or award of the arbitrator shall be final. A judgment of any court having jurisdiction may be entered upon the arbitrator’s award. The arbitrator shall have the authority to impose equitable and injunctive relief, as well as to award monetary relief, as the arbitrator deems appropriate.

23. Miscellaneous

You agree that ASIANFANFICS may assign any of its rights and licenses granted hereunder and/or transfer, sub-contract or delegate any of its obligations under this Terms of Use.  This Agreement is personal to you and you may not transfer or assign it to a third party.

This Agreement is governed by and is construed in accordance with the laws of the State of New York, U.S.A, without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to your use of the Service.  Notwithstanding the foregoing, ASIANFANFICS shall have the right to bring action against visitors of the Service in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor awarded by a New York court.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and ASIANFANFICS with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ASIANFANFICS with respect to the service.  A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted in this Terms of Use are reserved to ASIANFANFICS.