1. Acceptance of Terms
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 Site Content specifically provided by ASIANFANFICS, its partners and other users and that such Site 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. The elements of the Site (collectively, “Site Content”) include 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.
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 on Site Content 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 on the Site Content, 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.
You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
8. User Submissions
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 3rd party sites, message, comments and communications, to the Services (the “User Submissions”). By posting User Submissions on the Site or otherwise through the Service, you represent and warrant that:
(ii) you own or otherwise control, or have the license to all rights to use such User Submissions and that disclosure and use of such User Submissions by ASIANFANFICS via the Submissions License 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;
(iv) you grant to ASIANFANFICS a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable and sublicensable, and 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 Submission, 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 "Submissions License"). We cannot be responsible for maintaining your User Submission that you provide to us, and we may delete or destroy your User Submission at any time.
(v) you are authorized to grant all of the aforementioned rights to the User Submissions to ASIANFANFICS and all users of the Service;
You understand that ASIANFANFICS shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and 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 that ASIANFANFICS will not be liable for any errors or omissions in any content; and that ASIANFANFICS cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
9. Content Rating-M
You agree that you must rate any of your User Submissions that contain adult themes or explicit situations an “M.” This rule is strictly enforced by ASIANFANFICS, Any violators will have their accounts terminated by ASIANFANFICS immediately. You must be 18 years or older to view M-rated content.
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 submit your User Submissions 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 User Submission 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.
You are and shall remain solely responsible for your User Submission you submit on or through any ASIANFANFICS Site under your ASIANFANFICS 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 Submissions 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 Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Submission or any opinion, recommendation, or advice expressed therein, and ASIANFANFICS expressly disclaims any and all liability in connection with User Submissions.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to your User Submission which you submit.
11. Prohibited User Conduct
You warrant and agree that, while accessing or using the Site, you will not:
· 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 violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
· use the Site or their services 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, including your User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
· 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 Services that ASIANFANFICS find, in its sole discretion, to use ASIANFANFICS’ resources or User Submissions 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 any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or their services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.
12. Links From The Site to Third Party Site
13. Links To The Site From Third Party Site
You agree that if you include a link from any other web site 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 web site. You agree not to link from any other web site 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 may require that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time.
14. Right to Monitor and Editorial Control
ASIANFANFICS reserve the right, but do not have an obligation, to monitor and/or review all User Submissions posted to the Site or through the Site’ services or features by users, and ASIANFANFICS are not responsible for any such materials posted by users. However, ASIANFANFICS reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of ASIANFANFICS are objectionable or in violation of this Agreement, the policies of ASIANFANFICS or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
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 use of the Site in any way, your placement or transmission of any advertisements, links, message, content, information, software or other materials on, to or through the Site, your purchase or use of the Asianfanfics Virtual Currency or your violation of law or breach of the terms of this Agreement. ASIANFANFICS reserve 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.
As part of ASIANFANFICS’ copyright policy, ASIANFANFICS may terminate user access to the Site if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it:
1. 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").
2. Tell us which country your copyright applies to.
3. Tell us the title of the content concerned and the full URL for its page.
4. 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.)
5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright 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.
6. Let us have contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which 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).
8. 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."
9. 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.
10. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
11. Send the notice, in English, to the following address:
Attn: Asianfanfics Designated Copyright Agent
Jado Interactive LLC
340 S Lemon Ave #8985
Walnut, CA 91789
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.
17. No Authorization Where Illegal
ASIANFANFICS controls and operates the Site 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.
18. Warranty Disclaimer
YOU AGREE 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 USERS) 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.
19. Limitation of Liability
The Website operated by ASIANFANFICS from its facilities in the United States of America. ASIANFANFICS makes no representations that the ASIANFANFICS Site is appropriate or available for use in other locations. Those who access or use the ASIANFANFICS Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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.
20. Interstate Nature of Communications
In event that the account is terminated, we may retain your User Submissions for a commercially reasonable period of time for backup, archival or audit purposes. We may continue to display your User Submission 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.
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 Agreement. 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 Site. Notwithstanding the foregoing, ASIANFANFICS shall have the right to bring action against visitors of the Site 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 in 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 Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ASIANFANFICS with respect to the Site. 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 Agreement are reserved to ASIANFANFICS.
January 17, 2013