Last Updated 12/9/11
1. Description of the Sites. These Sites are related to the characters and titles of the manga products distributed or licensed by SuBLime or its affiliated and related entities. Please note that the Sites are provided for use by individuals only. Organizations, companies, and/or businesses may not become registered members and should not use the Sites or the Materials for any purpose.
We also reserve the right, at any time and from time to time, temporarily or permanently, to modify or discontinue one or more Sites, or any portion thereof, including any features, products, promotions, content or services offered through the Sites, with or without notice and/or to offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any feature, product, promotion, content or service offered through the Sites. Your continued use of the Sites after such changes will indicate your acceptance of such changes.
3. Registration. You may be provided the opportunity to register to become a member of one or more of the Sites. In some instances, SuBLime may also require registration to gain access to certain Site areas or services. If you choose to register on our Sites, you agree to (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites. You may not include in your member profile any telephone numbers or street addresses. You must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by email at email@example.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Proprietary Rights in Materials on the Sites. SuBLime and/or its licensors and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the “Materials”) provided through the Sites. The Materials are derived in whole or in part from material supplied by SuBLime and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices in tact or as provided by SuBLime. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of SuBLime's and its licensors’ and suppliers’ copyright, trademark and other proprietary rights.
The trademarks, logos, and service marks displayed on the Sites (collectively, the “Trademarks”) are the registered and unregistered trademarks of SuBLime, its licensors and suppliers, and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of SuBLime, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and SuBLime will enforce its intellectual property rights in such Trademarks.
The Sites are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Sites for any purpose.
5. Submitted Content. While using the Sites, you may have the opportunity to post or transmit to the Sites notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Submitted Content”). By sending or transmitting Submitted Content to us, or by posting Submitted Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, make, have made, sell, offer for sale and import such Submitted Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You hereby represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that the Submitted Content, and your provision thereof to and through the Sites, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Submitted Content that you may have under any applicable law under any legal theory.
We neither endorse nor are responsible for information or content posted in the public areas of the Sites, or for any opinion, advice, information, or other statement made or displayed on the Site by third parties. The opinions expressed in such postings reflect solely the opinions of the participants and may not reflect the opinions of SuBLime. We are not responsible for any errors, omissions or unauthorized content in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable TO YOU for any loss or damage caused by your reliance on such information obtained through the Sites.
6. Creative Submissions/Communications. SuBLime does not accept or consider creative ideas, suggestions or materials other than those SuBLime has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by SuBLime or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed to be, and shall remain, the property of SuBLime. None of the Information shall be subject to any obligation of confidence on the part of SuBLime, and SuBLime shall not be liable for any use or disclosure of any Information. You hereby assign to SuBLime all right, title and interest in and to the Information, including all intellectual property rights now known or hereafter existing throughout the universe, and SuBLime shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
7. Rules of Conduct on the Sites. We expect users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section:
a. You may not post or transmit Submitted Content (even if made in a joking, sarcastic or unintended manner) that:
is patently offensive to the online community, such as Submitted Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
expresses or implies that any statements you make are endorsed by us, without our prior written consent;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
promotes an illegal or unauthorized copy of another person's trade secrets or copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual or violent manner;
solicits personally identifiable information from anyone under 18;
harvests or collects information about Site visitors without their express consent;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission, or those of any minor (regardless of whether you have the minor’s or his or her legal guardian’s consent).
engages in commercial activities and/or sales without SuBLime's prior written consent such as contest, sweepstakes, barter, advertising and pyramid schemes;
solicits gambling or engages in any gambling activity;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services, such as “hacking” or defacing any portion of the Sites; or
b. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Sites without SuBLime’s prior written consent.
c. You must use the Sites and Materials in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of users of the Sites by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted.
d. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other users. Although SuBLime cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior express consent. In order to protect our registered members from such advertising or solicitation, SuBLime reserves the right to restrict the number of messages or emails that a member may send through the Sites to other registered members in any 24-hour period to a number that SuBLime deems appropriate in its sole discretion.
Descriptions or images of, or references to, products or services on the Site do not imply SuBLime’s endorsement of such products or services. SuBLime reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to SuBLime’s acceptance of any order. Price and availability of any product(s) is/are subject to change without notice. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. SuBLime shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, acts or omissions of such advertisers or third parties on the Sites.
10. Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by SuBLime or its subsidiaries and affiliates of the opinions or views expressed by these linked sites. SuBLime has no control over these linked sites, and is not responsible for the availability of such sites, and SuBLime does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such linked sites.
YOU AGREE THAT YOUR USE OF LINKED WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
SuBLime welcomes links to the Sites. You may establish a link to the Sites, subject to the following express conditions: (a) the link from your site to the Sites does not state or imply any sponsorship or endorsement of your site by SuBLime, its affiliates, or any company, group or individual affiliated with SuBLime; (b) you may not reproduce or otherwise commercially exploit any Site or any intellectual property contained therein in any manner or medium whatsoever, nor may you allow or authorize others to do so; (c) your site may not include, advertise or be associated with any of the following items: (i) “adult” or sex related items; (ii) tobacco products; (iii) alcoholic beverages; (iv) firearms, fireworks, ammunition and other weapons; (v) legal or illegal gambling; (vi) illegal drugs; (vii) unlawful, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar or obscene communications; (viii) computer worm, virus, hacking or spam; or (ix) any unlawful activity; (d) you do not use on your site any Trademarks or Materials appearing on the Sites, including but not limited to any logos or characters, without our prior express written consent or the consent of any third party owner of such Trademarks or Materials; and (e) you may not frame or otherwise incorporate into another website any of the Materials on the Sites without our prior express written consent.
11. Blog Pages. You are welcome to transmit or submit comments or email messages (collectively Messages) to our blog pages or other locations designated by us for such use (collectively "Blog Pages"). However, your submission is subject to the terms below and SuBLime accepts no responsibility whatsoever in connection with or arising from such Messages, or any Messages posted by its employees.
SuBLime does not endorse and has no control over the content of Messages submitted by others to Blog Pages. Messages submitted to Blog Pages, even if posted by SuBLime employees, are not necessarily reviewed by SuBLime prior to submitting or posting and do not necessarily reflect the opinions or policies of SuBLime. SuBLime makes no warranties, express or implied, as to the content of the Messages in the Blog Pages or the accuracy and reliability of any Messages and other materials in the Blog Pages.
You are solely responsible for the content of any Messages you submit to Blog Pages or to this Site. Please choose carefully the information you submit on this Site and that you provide.
SuBLime assumes no responsibility for actively monitoring Blog Pages for inappropriate Messages. If at any time SuBLime chooses, in its sole discretion, to monitor the Blog Pages, SuBLime nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the person submitting any Message. In submitting Messages to Blog Pages, you agree to strictly limit yourself to discussions about the subject matter for which the Blog Pages are intended. You agree that SuBLime accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
The following is a partial list of the content that you are prohibited from submitting to Blog Pages or elsewhere on this Site. You agree that you will not submit Messages to Blog Pages or to this Site that:
disclose personally identifiable information, such as your full name, email address, telephone number or street address;
are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Blog Pages, you represent to SuBLime that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful component;
are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
Despite these prohibitions on the content of Messages, information provided by other Persons may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SuBLime assumes no responsibility or liability for this material. If you become aware of misuse of the Blog Pages by any person, please contact info@SuBLime.com. SuBLime reserves the right, in its sole discretion, to reject, refuse to submit or remove any submitting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Blog Pages at any time, for any or no reason, with or without prior notice, and without liability. You agree to release SuBLime, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Blog Pages. If at any time you are not happy with the Blog Pages or object to any material within Blog Pages, your sole remedy is to cease using them.
You agree that any Message whatsoever submitted by you becomes the property of SuBLime and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as SuBLime sees fit. By submitting your message, you agree that SuBLime, its affiliated companies, and their successors and licensees will have the unlimited right, without charge and for no consideration, to use any portion of your message (and your first name and city if you've submitted same) in all media now known or hereafter created worldwide and in perpetuity in connection with marketing, commercial use, advertising, promotion and publicity related to the business of SuBLime.
12. Copyrights and Copyright Agent. SuBLime respects the rights of all copyright holders and in this regard, SuBLime has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, members and account holders who infringe the rights of copyright holders. If you believe in good faith that materials hosted by the SuBLime infringe your copyright under U.S. law, please provide SuBLime's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Notices with respect to the Sites should be sent to:
Manager (Legal Matter)
295 Bay Street
San Francisco, CA 94133
13. Access By Minors. Pursuant to 476 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of America Links Up (http://www.netparents.org/parentstips/browers.html).
14. User Disputes. You are solely responsible for your interactions with other users. SuBLime reserves the right, but has no obligation to monitor communications and any disputes between you and other users.
SuBLime assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. SuBLime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Sites. Under no circumstances will SuBLime be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites or any Materials posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. SuBLime cannot guarantee and does not promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SuBLime NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF SuBLime HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MAXIMUM LIABILITY TO SuBLime FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. U.S. Export Controls. Materials downloaded from the Sites may be subject to United States export controls. No Materials may be downloaded from the Sites or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Materials from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. Geographic Limitations. Unless otherwise specified, Materials available through the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by SuBLime from its offices within the State of California. The Sites are intended exclusively for residents of the United States. We reserve the right to limit the availability of the Sites and/or the provision of any service, program, or other product described upon the Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. SuBLime makes no representation that Materials available through the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
295 Bay Street
San Francisco, CA 94133
20. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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