THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND ALYSWORLDS. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
1.1. The Services are offered by AlysWorlds to enable you to see, experience, and learn more about the entertainment industry, such as animation (anime), comics (manga), movies, tv series, etc. and to engage with other fans of the said niche. Through the Services you will be exposed to a wide range of information, including, possibly, photographs, communications, music, videos, artwork, messages, and merchandise (collectively, “Content”). Some of the Content may be provided by us while other Content may be provided by other users of the Services or third-party merchandisers (each a “User” and, collectively, “Users”). Content provided by Users, including any public postings or communications with other Users of the Services (including, without limitation, any Feedback (defined below)) and any General Feedback (defined below), is, collectively, “User Content.”
1.2. Modifications to these Terms. AlysWorlds owns and operates the Websites and the Services (but not the Third-Party Sites). AlysWorlds maintains the right, in its sole discretion, to change these Terms at any time and without notice to you, other than by posting the updated Terms on the Websites. Any changes to the Terms take effect immediately after they are posted. The Terms will be recognized according to the most recent amendment date. It is your responsibility to return to this page on a regular basis to guarantee your continuous acceptance of these Terms. Your continued use of the Services after AlysWorlds posts a revised version of these Terms to the Websites indicates your legally enforceable acceptance of that revision and the updated Terms. No amendments to these Terms will apply to any disagreement between you and AlysWorlds that originated prior to the date of such revision, notwithstanding the previous sentences of this Section 1.2.
1.3. Evolving Nature of Services. The Services are constantly evolving, and modifications to the Services may occur at any time. If you disagree with the Terms or are unsatisfied with the Service in any way, please let us know by sending an email to [email protected], but your only option is to stop using the Services.
1.4. Consideration. You acknowledge and agree that you are entering into these Terms in exchange for your use of the Services and other good and useful compensation, the receipt and sufficiency of which is thus acknowledged.
1.5. Jurisdictional Issues. AlysWorlds is the owner and operator of the Websites and Service. Parts of the Services, on the other hand, are aimed at people all around the world. Those who choose to access or use the Services from anywhere in the globe do so on their own initiative and are responsible for adhering to local laws, if and to the extent that local laws apply. It is completely prohibited to access the Services from areas where the Content or practices of the Services are unlawful, unauthorized, or punished.
2. USE OF THE SERVICE
2.1. AlysWorlds may provide the Services via the Websites, Third Party Sites, any channels owned or controlled by or on behalf of AlysWorlds, and any other media or channels now known or hereafter developed, including, but not limited to, in connection with other third-party products or services. Additional terms and conditions, including those of Third-Party Sites, may be required in order for you to use the Services. Unless otherwise expressly stated in such terms, any terms and conditions required by AlysWorlds for use of any portion of the Services offered by AlysWorlds (but not those of any Third Party Site) will, in the event of a conflict, supersede these Terms only as to the services with respect to which those terms relate. By reference, any additional terms and conditions (if any) are hereby incorporated into and constituted a part of these Terms, but not those of any Third-Party Sites. You may also be subject to the terms and conditions of use of any Third-Party Sites, for which you are solely responsible for your acceptance and compliance.
4. SERVICE SECURITY
4.1. We went to considerable lengths to establish the Services, and we may take steps to protect the Services’ integrity or operation from time to time. We may cancel your right to use the Services without notice if you break these Terms in any way, as decided in our sole discretion. We reserve the right to investigate any alleged or suspected violations of these Terms, and if a criminal violation is suspected or harm to the Services or any other Users, person, property, or thing is expected, anticipated, or feared, AlysWorlds may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including but not limited to, but not limited to, but not limited to, but not limited to, but not limited to, but not limited to, but not limited to, but not limited to You hereby consent to such disclosures in advance and agree that any claims against AlysWorlds originating from such disclosures to law enforcement agencies will be waived.
5.1. License to the Services. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, royalty-free license to access and use the Services solely in accordance with the Terms and any authorized functionalities of the Services, including the right to access and view content made available through the Services. There are no implied permissions for the use of the Services or any Content made available on or via the Services, except as specifically specified in these Terms, and the license granted herein is for your personal, non-commercial use only. No commercial use of the Services is permitted without our prior written consent, which we reserve the right to withhold for any reason.
5.2. The Content (excluding User Content) made accessible on or through the Services may be protected by copyright or other intellectual property rights and owned by AlysWorlds or AlysWorlds’ third-party licensors. Without the prior consent of the copyright owner, no material from the Services may be copied, reproduced, republished, uploaded, posted, communicated, or distributed in any way. Unless you have obtained express written authorization to the contrary, any modification of materials obtained from the Services, including, but not limited to, User Content and Products, for any other purpose, including, without limitation, any commercial purpose, is a violation of AlysWorlds or its licensors’ copyrights and other proprietary rights. AlysWorlds owns all design rights, databases, compilations, and other intellectual property rights, whether registered or unregistered, as well as related goodwill.
5.3. Trademarks. All trademarks, service marks, logos, and trade names displayed on the Services, whether registered or unregistered, are the property of AlysWorlds or other companies as specified. You may not duplicate, download, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written authorization of the respective owner, unless otherwise permitted by law.
5.4. User Content. Any User Content you submit or transmit to or through the Services is governed by this section:
a. General. All User Content you provide to or through the Services is strictly your responsibility. You must not post or send any User Content to or through the Services, or to us via email, that you consider confidential or proprietary, or for which you have not obtained the necessary permissions. Any User Content posted, linked to, or sent to or through the Services, or to us via email, will be treated as non-confidential and non-proprietary by us, and may be used by AlysWorlds for any purpose or disclosed to any third party without notice to you or liability on our part.
b. Retention of Your Intellectual Property Rights. YOU ARE NOT SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT BY UPLOADING, LINKING TO, OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES PURSUANT TO THESE TERMS. RATHER, YOU ARE SIMPLY GRANTING ALYSWORLDS A LICENSE IN ACCORDANCE WITH THESE TERMS. TO THE EXTENT OF YOUR EXISTING RIGHTS, YOU WILL CONTINUE TO OWN ALL OF YOUR USER CONTENT.
c. License Grants.
- You hereby grant AlysWorlds an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, publicly perform, create derivative works from, modify, transmit to Third Party Sites, and otherwise use and exploit all User Content you link to or upload to or through the Services or to us through. You also give AlysWorlds an irrevocable, perpetual, royalty-free license to use your name, image, voice, likeness, and any information provided by any Third-Party Sites whose credentials you use to access the Services in advertising, marketing, or promoting the Services or the availability of your User Content.
- Without limiting anything else in these Terms, if you send private messages about any of the personnel’s projects to any personnel (defined below) and/or post comments on the Services about Projects that will be publicly viewable by other Users, you hereby grant the applicable recipient(s) a non-exclusive, perpetual (for the duration of any copyrights), irrevocable, transferable license to use any of the personnel’s projects.
d. Survival of Rights for Removed User Content. You may delete your User Content from your Services account at any time, but the rights provided in Section 5.4(c) will continue to apply to the extent that your User Content is stored on AlysWorlds’ computer servers or other storage media or technologies. We may also keep any of your User Content for archive or audit purposes, or if a judicial or administrative order requires it. Any User Content you publish in a public portion of the Services (for example, a comments section) may stay on the Services permanently, and we are under no obligation to delete it.
e. Limitations on Grant of Rights to AlysWorlds. Despite the rights granted in Section 5.4(c), nothing in these Terms gives AlysWorlds the right or license to sell your User Content on its own to any third-party, though you acknowledge and agree that AlysWorlds may generate advertising, subscription, and other revenues from the operation of the Services, including advertising that may appear before, after, or simultaneously with your User Content.
f. Waiver of Rights. You relinquish all rights to prior review or approval of any marketing or promotional materials relating to User Content by uploading it to or through the Services. You also waive any and all privacy, publicity, and other similar rights in connection with your User Content, or any portion of it, including, without limitation, your name, likeness, voice, appearance, and persona, as well as any advertising or publicity linked to it. You hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Services, to the extent that any moral rights are not transferable or assignable. You hereby expressly release AlysWorlds (including agents, partners, subsidiaries, affiliates, licensees, successors, and assigns) from any and all claims, demands, liabilities, or causes of action, known or unknown, for defamation, copyright infringement, violation of moral rights, invasion of privacy, publicity, or personality, or any other similar matter, based on or relating to the Use of your User Content. Regardless of the preceding phrases of this Section 7.4(f), if you object to any uses of your User Content on or through the Services, or in the advertising of the Services, you must notify us promptly. All reasonable requests to terminate any Use that you find objectionable will be considered, but we will have no obligation to you for any Use authorized in these Terms.
g. Requirement that You Be an Owner of or Fully Authorized to Grant the Rights to User Content. You must not upload or transmit User Content to or through the Services if you are not the owner of or fully authorized to grant rights in all of the intellectual property in all of the elements of the User Content you want to upload or transmit.
h. Confirmation of Rights. AlysWorlds maintains the right to request written confirmation of all authorizations, licenses, rights, and consents you have received (if any) with respect to any third-party materials incorporated in User Content you upload to or transmit through the Services. We reserve the right to remove or refuse access to any or all of your User Content available on or through the Services, as well as suspend or terminate your account with AlysWorlds, if you fail to provide us with such confirmation upon request. We will not be liable to you for any actions we take in accordance with this Section 7.4. (h).
i. Representations and Warranties with Respect to Your User Content. You represent and warrant to AlysWorlds that you have received all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to User Content by uploading or transmitting User Content to or through the Services. The use of such User Content in accordance with these Terms will not (A) infringe on any third-rights, party’s including copyright, trademark, patent, and other intellectual property rights, or other protected rights, such as the right of privacy or publicity, or (B) impose any fees on AlysWorlds or any Third-Party Site on or through which the Services is made available.
j. General Feedback. You also grant AlysWorlds a royalty-free license throughout the universe to use any concepts, know-how, ideas, or inventions that you (and those acting on your behalf) upload or transmit to or through the Services or to us via email (but excluding any Project Feedback) without payment or accounting to you or any other third-party (collectively, “General Feedback”).
6. USER CONTENT MONITORING AND REMOVAL; RELIANCE ON USER CONTENT
6.1. Monitoring User Content. We do not have any obligation to monitor User Content accessible on or via the Services, and we have no control over it. We are likewise under no obligation to make User Content available on or through the Services. We may choose to monitor, review, or otherwise access some or all User Content at our discretion, but we assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no obligation to monitor, review, or otherwise access other User Content by doing so. You agree that we have the right to delete any of your User Content from the Services at any time, with or without notice, and without any liability to you, including, but not limited to, any Objectionable Content (defined below).
6.2. Reliance on Accuracy of User Content. You agree to examine any User Content you get on or via the Services and bear all risks associated with it, including any reliance on its accuracy, completeness, usefulness, or legality. AlysWorlds provides no guarantees or representations about any User Content.
6.3. Reporting of Content. You may report any User Content that you find offensive or objectionable on or through the Services to AlysWorlds by sending an e-mail to [email protected] If you believe any User Content infringes on your intellectual property rights, please report it to us using the information provided in Section 15 of these Terms.
6.4. No Endorsement. AlysWorlds does not advocate, promote, represent, or guarantee any User Content’s veracity, accuracy, or reliability. The author of any User Content is entirely responsible for the thoughts expressed in it. You do so at your own risk if you rely on any User Content.
7. ALYSWORLDS’ STORE
7.1. Products sold by AlysWorlds’ Store
a. AlysWorlds sells things on the Websites through its online shop (the “Store”). Each Product’s price shall be displayed at the time of purchase. You are responsible for paying for any Product you purchase through AlysWorlds Shop (any such purchase referred to as a “Transaction”), as well as any shipping costs, taxes, or other fees associated with your Transactions.
b. AlysWorlds maintains the right, in its sole and absolute discretion, to immediately suspend the selling or sale of any Products, without any liability to any User, and to fix any erroneous listing or technical difficulties with any Products. Please send a comprehensive e-mail notice to [email protected] indicating the problematic Product and a brief description of why it is improper.
a. Currency. Unless otherwise noted, all charges and payments for Transactions will be paid in US dollars. Your agreement with your credit card, debit card, or other payment method provider governs currency exchange settlements and foreign transaction costs.
b. Methods of Payment. Your transactions can only be completed with a payment method that has been approved. To make purchases through the Services, you must be allowed to use the payment method. An e-mail will be sent to the e-mail address associated with your User account confirming all Transactions done using the Services. Please send your questions to [email protected] if you have any questions about any purchase confirmation you get.
c. Prices. Prices do not include taxes, customs, or shipping and are subject to change at any time without notice. You agree to hold AlysWorlds blameless from any taxation authority claims arising out of your Transactions using the Services.
d. Refunds. All sales are final, and AlysWorlds does not issue refunds for any products purchased. If any of the Products you have purchased are corrupted or otherwise damaged, please contact [email protected] for assistance in resolving the issue.
e. Cancellation of Payments and Purchases. You may not cancel payments or purchases unless it is required by law. However, AlysWorlds has the right, at its sole discretion, to refuse or terminate any purchase or attempted purchase at any time. You acknowledge and agree that if you authorize a Transaction using your PayPal account but your charge is refused for any reason, your use of that transaction amount may be restricted for a period of time.
f. Coupons. From time to time, AlysWorlds may offer coupons (“Coupons”). The terms of Coupons, such as the expiration date, will be displayed on each one. Coupons cannot be redeemed for cash.
7.3. Title. When you deliver physical Products to the carrier, the risk of loss and title pass to you. Any claims for damaged or lost shipments must be filed by you with the carriers. Unless otherwise stated, the purchase of a Product does not transfer any intellectual property rights in that Product.
7.4. Shipping. When you order a physical Product, it will be delivered to the address you specify at the time of purchase.
8. PROHIBITED ACTIVITIES
8.1. By using the Services, you agree to refrain from:
a. Create a false identify or impersonate another person or entity in any way;
b. Upload or otherwise send any information or content to or through the Services that infringes on any party’s patent, trademark, trade secret, copyright, or other intellectual rights, including by including such material in your User Content;
c. Upload or otherwise transmit to or through the Services any Objectionable Content;
d. Upload or otherwise communicate any material to or through the Services that could harm or delay the Service or any computer;
e. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
f. Restrict, dissuade, or prevent any individual from using the Services, reveal personal information about a third-person received through the Services without that person’s agreement, or collect information about users of the Services;
g. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by AlysWorlds;
h. Obtain unauthorized access to the Services, other users’ accounts, names, or personally identifiable information, or any computers or websites that are connected or linked to the Services;
i. Reproduce, distribute, publicly display, publicly perform, sell, trade, resell, or exploit any portion of the Services, use of the Services, access to the Services, or User Content obtained through the Services for any purpose other than expressly permitted by these Terms, including, but not limited to, doing or engaging in any of the following without AlysWorlds’ express written consent:
- copying, caching, or reformatting any materials accessed through the Services for commercial purposes in any way, whether by transferring to physical or electronic media for delivery buffering or converting transmissions from the Services to alternative delivery formats;
- framing, embedding, and/or passing off information obtained from the Services in a way that makes it appear as though it came from somewhere other than the Services;
- modifying, defacing, mutilating, or otherwise circumventing any permitted software used to provide the Services; and
- using any AlysWorlds trademarks, service marks, design marks, logos, images, or other content accessed from the Services.
j. Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
k. Remove, disable, damage, circumvent, or otherwise interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that impose restrictions on the use of the Services or any Content accessible on or through the Services;
l. Deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service; use any scraper, spider, robot, or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services;
m. Interfere with or disrupt the Services, networks, or servers connected to the Services, or break any of the networks’ or servers’ regulations, policies, or procedures;
n. Violate any applicable federal, state or local laws or regulations or these Terms; or
o. Assist or permit any persons in engaging in any of the activities described above.