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Terms of Use

Welcome, and thank you for your interest in using the Animevice website and being part of our community. These Terms of Use (the "Terms") constitute a binding agreement between Whiskey Media, LLC ("Whiskey", "we" or "us") and you. You must agree to these Terms, including the Privacy Policy, before using the Animevice website (the "Site") or any software, applications, features, or functionality available on the Site. By using the Site, you agree to these Terms. Whiskey reserves the right, in its sole discretion, at any time, and without limitation, to change these Terms or impose new terms or conditions. Such changes, updates, or additions shall take effect immediately upon Whiskey posting the amended Terms at this website location. Your use of the Site after such notice shall be deemed to constitute your acceptance of the modified Terms. If you do not agree to these Terms, do not use the Site.

User Accounts

Anyone over the age of 13 may create a user account to become a member. You must be at least thirteen (13) years of age to use the Site. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age (ii) that you have not previously been suspended or removed from the Site and (iii) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person's identity or that violates our community and content guidelines.

We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a Site member you are consenting to the receipt of these communications.

Content You Post on the Site

You are responsible for all content that you post on, transmit through or download from the Site. You may not post content that:

  • Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn't mean you can use it without permission);
  • Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
  • You know to be inaccurate;
  • Is pornographic, sexually explicit, or obscene;
  • Exploits children or minors;
  • Violates the rights of privacy or publicity of any person;
  • Is harassing, libelous, slanderous, or defamatory;
  • Contains any personally identifying information about any person without their consent or about any person who is a minor;
  • May be deemed generally offensive to the Site community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
  • Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
  • Is off topic;
  • Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
  • Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
  • Violates any local, state, federal, and/or international laws or regulations;
  • Promotes or provides instructional information about illegal or illicit activities;
  • Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
  • Is intended to overwhelm, cause technical disruptions of or denial of service to the Site.

We may remove any content that violates these Terms or that we determine is otherwise not appropriate for the Site in our sole discretion.

By posting or transmitting content on or through the Site, you

  • represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Whiskey and users of the Site to use and distribute your Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Whiskey and the Terms,
  • you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit content;
  • represent and warrant that your Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person;
  • agree to and do hereby grant Whiskey and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Whiskey may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your user name on the Site in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.

Your Use of the Site

All of our content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Whiskey as part of the services we provide.

You may not use the Site to do any of the following:

  • Harass or advocate harassment of another person or entity;
  • Perform any activities that violate any state, local, federal, or international laws or regulations;
  • Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under Section 219 of the Immigration and Nationality Act;
  • Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
  • Transmit unsolicited mass mailings, or "spam;"
  • Attempt to collect or use personal information about users or third parties without their consent;
  • Collect or store any information about other users or members, other than in the normal course of using the Site for its intended purpose of facilitating voluntary communication among users;
  • Transmit any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item;
  • Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law; or
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You may not do any of the following to the Site:

  • Use it in any manner that could damage, disable, overburden, disrupt or impair the Site or our network or interfere with any other party's use and enjoyment of the Site;
  • Modify, adapt, translate, or reverse engineer the Site;
  • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site (though Whiskey grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the content on the Site that link back to the Site for the full text of the content);
  • Frame the Site or reformat it in any way; or
  • Create or access member's user accounts using any automated means or under false pretenses.

All of the content available through the Site is subject to the copyrights and trademarks of Whiskey, our partners, or users.

Except as described in the previous paragraph, you may not store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the Site content, in whole or in part.

Privacy Policy

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.

Third Party Sites, Products, and Services

The Site may contain advertisements, offers, or other links to other websites and resources of third parties we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Whiskey is not responsible or liable for (i) the availability or accuracy of such sites or resources or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Site. Once you choose to link to another site, you should read and understand that site's privacy statement before disclosing any personal information.

Intellectual Property Rights Policy; DMCA Notification

Whiskey respects the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site (including the exact URL);
  • An address, a telephone number, and an e-mail address where we can contact you;
  • A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
  • Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Whiskey's designated agent listed below.

Elizabeth Diaz II
Whiskey Media, LLC
2900 West Olympic Boulevard, Third Floor Santa Monica, California 90404
Phone: (310) 255-7110
Fax: (310)255-7058
Email: copyright@whalerockindustries.com

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Site more than twice.

Our Rights and Responsibilities

We maintain the right to do any of the following any time, with or without prior notice:

  • Restrict, suspend, or terminate your access to all or any part of our services;
  • Change, suspend, or discontinue all or any part of our services;
  • Refuse, move, or remove any content;
  • Refuse to register any user name that may be deemed offensive; and
  • Establish general practices and policies concerning the Site and the services we provide.

Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer or other devices; Whiskey does not warrant the successful operation of the Site on your computer or other device, and we are not liable for any such problems that result from your use of the Site. Moreover, the Site may contain advice, opinions, instructions, statements, and other information from Whiskey, its users, and other content and information providers. This content in intended to be used for informational and entertainment purposes only. Your use of the Site and content is at your own risk.

You understand that by using the Site, you may be exposed to content that you find offensive or objectionable.

We disclaim any responsibility for inaccuracies on the Site. We are not responsible for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.

Applicable Law

These Terms shall be construed in accordance with the laws of the State of California without regard to conflict of law principles, and the parties irrevocably consent to the personal and exclusive subject matter jurisdiction of the state and federal courts located in Los Angeles, California, USA. Notwithstanding the above, you agree that Whiskey shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Disclaimer

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHISKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WHISKEY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHISKEY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

Indemnification

By utilizing the Site you agree to indemnify, defend and hold Whiskey and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Whiskey through your use of the Site or your posting or transmission of content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party's intellectual property, confidentiality, privacy or publicity rights). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Site or the services we provide. Whiskey reserve the right, at our own expense, 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 our defense of such claim.

Exclusion of Damages; Limitation of Liability

To the maximum extent permitted by law, you agree that neither Whiskey nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort, (including negligence) or strict or product liability, whether or not Whiskey has been informed of the possibility of such damage. Without limiting the foregoing, in no event will the aggregate liability to you of Whiskey, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of its respective successors and assigns exceed, in total, the amounts paid by you to us or, if there have been no payments, then US$100.00.

Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

No Waiver

The failure of Whiskey to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or Whiskey‘s right to act with respect to subsequent or similar breaches.

We reserve the right to terminate your access to the Site if you fail to abide by these Terms. We also reserve the right to inform law enforcement authorities of any potential illegal activities and to provide them with all information about the account through which such activities occurred, as further described in our Privacy Policy.

The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Whiskey regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by contract, operation of law or otherwise, without our prior written consent. We may assign, transfer or convey all or part of the Terms at any time without notice. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Copyright © 2012-2014. Whiskey Media, LLC All Rights Reserved. Animevice and Animevice.com are trademarks of Whiskey Media, LLC.

Animevice COMMUNITY GUIDELINES

The Animevice Community welcomes all individuals and values the contributions of all its members.

Animevice is a place for personal expression, storytelling, and honest opinions; a safe environment to share your experiences and get support from others who understand what you are celebrating and what you are going through. We encourage the sharing of information, ideas, and personal stories via comments throughout Animevice and active participation in our Community.

Please be aware that Animevice does not confirm or verify the information posted by members of its Community and therefore cannot validate its accuracy. We do not recommend following medical advice given by another member without consulting a medical professional. Additionally, we rely on our members to report abuse and flag inappropriate material.

We ask that you respect the Animevice Community and refrain from engaging in inappropriate behavior on Animevice. Accordingly, please:

- Do not harass, abuse, or threaten another member. If you disagree with someone, respond to the subject and to the person.

- Do not use hate speech. Hate speech is unacceptable, and Animevice reserves the right to take appropriate action against any individual using Animevice to post, transmit, promote, distribute, or facilitate the distribution of content intended to victimize, harass, degrade, or intimidate an individual or group on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation.

- Do not impersonate any person, business, or other entity. Doing so in an attempt to deceive, harass, or otherwise mislead another Animevice Community participant is forbidden.

- Do not post or reference material that is pornographic, sexually explicit, or obscene.

- Do not engage in any form of solicitation or spamming.

- Do not engage in any activity that is unlawful.

- Do not post or reference material that is libelous, profane, defamatory, disparaging, hateful, harassing, threatening, or obscene.

- Do not post or reference material that is off topic.

- Do not post material that violates another's copyright or intellectual property.

If you become aware of any inappropriate behavior on Animevice, please report them immediately.

Animevice reserves the right, without limitation to that which is expressly stated in these Community Guidelines and in our Terms, to moderate or remove any post at any time and to ban any member at any time, for any reason. If a post speaks to illegal activities, Animevice will contact appropriate authorities as required by law. Animevice has no obligation to delete content members find personally objectionable or offensive and retains the right to change or modify these rules at any time and without notice.

Violation of these guidelines and/or the Animevice Terms of Use may result in your content being removed, membership being blocked and/or being banned from the site altogether.

By participating in the Community you are agreeing to abide by the above guidelines and maintain the fun, positive atmosphere for which Animevice is known.

Please note that in addition to these Community Guidelines, we ask that you read and abide by our Terms of Use as well as read and understand our Privacy Policy, which applies to Animevice as a whole, including the Community.

Copyright © 2012-2014. Whiskey Media, LLC. All Rights Reserved. Last updated March31, 2014.