Terms and Conditions
TERMS AND CONDITIONS FOR USE OF KODANSHA USA, INC. WEBSITES
1.1. This web site is owned and operated by Kodansha USA, Inc. ("Kodansha USA"). 1.2. This user agreement ("Agreement") governs the use of the services provided on this web site ("Service") produced by Kodansha USA, including participation in the Service's chat and bulletin-board or forum facilities ("Discussion Areas"). 1.3. Please read this Agreement carefully. Since the Service is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all, Kodansha USA requires its users to abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules. 1.4. If you do not agree with the rules contained in this Agreement, please do not use the Service. 1.5. These terms and conditions may be modified by Kodansha USA from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly. 1.6. Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Kodansha USA 's other remedies.
2. Use of the Service by You
2.1. All material on this website belongs to Kodansha USA or its licensors. You may retrieve and display content from this website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service. 2.2. You acknowledge Kodansha USA is trade mark and that you may not use them without written permission from Kodansha USA. 2.3. You may not authorize others to use the Service, and you are responsible for all of your own use of the Service. You agree not to use any obscene, indecent or offensive language, or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. 2.4. Other than connecting to Kodansha USA 's servers by HTTP requests using a Web browser, you may not attempt to gain access to Kodansha USA's servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. 2.5. You are responsible for ensuring that any material you provide to the Service or post in a Discussion Area, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party. 2.6. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service. 2.7. You acknowledge that Kodansha USA has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
3.1. Any third party web site that links to this web site must not: -create a frame or any other browser or border environment around the content of this site; - imply that Kodansha USA is endorsing it or its products or services; - use any Kodansha USA trademark displayed on any Kodansha USA web site without permission from Kodansha USA ; - infringe any intellectual property or other right of any person; - be a web site that contains content that could be construed as distasteful, offensive or controversial. 3.2. Kodansha USA expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
4. Use of Material Posted by You
5. Copyright Complaints
5.1. Kodansha USA respects the intellectual property of others, and we ask our users to do the same. Kodansha USA may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. 5.2. If you believe that your work has been copied and is accessible on any Kodansha USA web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Kodansha USA.
6. Comments by Users Are Not Endorsed by Kodansha USA
6.1. Kodansha USA does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Kodansha USA.
7. Competitions and Prizes
7.1. From time to time Kodansha USA will run competitions, free prize draws and promotions on this website. These are subject to additional terms that will be made available at the time.
8. Materials Provided by Others
8.1. You agree that Kodansha USA is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
9.1. You agree to indemnify Kodansha USA and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service.
10. Editing and Deletions
10.1. Kodansha USA reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Service, in its sole discretion and without notice.
11. Additional Rules
11.1. Kodansha USA reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional terms and conditions.
12. Disclaimer of Warranty and Limitation of Liability
12.1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, KODANSHA USA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. 12.2. KODANSHA USA AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. 12.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE KODANSHA USA AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12.4. KODANSHA USA' S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY KODANSHA USA' S NEGLIGENCE.
13.1. Kodansha USA has the right to terminate your ability to access the Service, for any reason, without notice.
15. Choice of Law and Jurisdiction
15.1. You agree that this Agreement, for all purposes, shall be governed by and construed in accordance with the laws of Japan. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement. 15.2. For the exclusive benefit of Kodansha USA Kodansha USA shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
16.1. This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. 16.2. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 16.3. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. If you don't agree to the terms contained in this Agreement, please exit the Service now.
Kodansha USA may disclose your information, under strict terms of confidentiality and restriction of use, to partners of Kodansha USA who supply services on behalf of Kodansha USA and who require to process personal data in the provision of such services. When you use "Kodansha USA Services" you are consenting to the disclosure of your personal information to Kodansha USA's partners. Kodansha USA will not disclose any of your personal information to any other third parties without your express consent. However, under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its subscribers Kodansha USA will comply with any such legally binding request.
3. Information Collected
3.1. Identifiable information - Your information is collected when you register or fill in a form on a Kodansha USA website, or you send an email to Kodansha USA. The information that is provided by you will only be used for the purpose for which it is provided, unless you are informed otherwise at the time of giving the information. You may inform Kodansha USA at any time if you wish Kodansha USA to cease using your personal information. 3.2. Non identifiable information - Kodansha USA will from time to time collect information from you that does not reveal your personal identity. Kodansha USA uses this information for editorial purposes, and occasionally for other internal purposes. This information is only used in aggregate form and is not connected to any name, address or other personal identifying information.
4. Use of personal information
Kodansha USA processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer. Kodansha USA may from time to time use your contact information to tell you about news or events provided by Kodansha USA or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Kodansha USA or at any time afterwards. Kodansha USA may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
There are links on Kodansha USA web sites to third party web sites which Kodansha USA has no control over. Kodansha USA accepts no responsibility or liability for any third party practices on third party websites. Kodansha USA advises you to carefully read 3rd party privacy statements prior to the use of any third party website.
7. International Transfers
This Website has security measures in place to protect against loss, misuse and alteration of your personal information under Kodansha USA's control. However no data transmission over the Internet can be guaranteed to be 100% secure and whilst Kodansha USA strives to protect your personal information, Kodansha USA cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once Kodansha USA receives the transmission, Kodansha USA makes best efforts to ensure the security on the system.
9. Contact Details
Kodansha USA, Inc.
Attn: Rights Department
451 Park Avenue South
New York, NY 10016
CHILDREN AND PARENTS
Kodansha USA, Inc. is not intended for use by children, especially those under age 12. No one under age 12 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 12 and 17 must get the permission of their parent(s) or lega guardian(s) before making purchases, including subscriptions, on this site. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.
If you're worried about your children's activities or their privacy on our site, we encourage you to e-mail us at firstname.lastname@example.org.