Terms of Service
TERMS OF SERVICE
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Grand Otaku Department through http://www.GrandOtaku.com ("Grand Otaku Department"). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR TAGGED. By completing the registration process for the Grand Otaku Department website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
A) Modifications
Grand Otaku Department reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Grand Otaku Department's sole discretion. The most recent version of this Agreement will be posted on the Grand Otaku Department website. Although Grand Otaku Department will provide notice of material changes to this Agreement on the Grand Otaku Department website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Grand Otaku Department in any way, Member's only recourse is to immediately: (1) discontinue use of Tagged; (2) terminate Tagged registration; and (3) notify Tagged of termination.
B) Description of Services
As a Member, you will be provided with a variety of services, as described on the Grand Otaku Department website (the "Services"), including the ability to blog,comment,upload,share, etc. Grand Otaku Department reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Grand Otaku Department's sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Grand Otaku Department reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Grand Otaku Department guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Grand Otaku Department, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Grand Otaku Department deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Grand Otaku Department reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
2. Members shall not list the email addresses of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives US postal mail.
6. Members shall not attempt to interfere with any other person's use of the Services.
7. Members shall not misrepresent their identity or impersonate any person.
8. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Grand Otaku Department website.
9. Members shall not use any portion of the Grand Otaku Department website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
10. Members shall not use any portion of the Grand Otaku Department website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
11. Members shall not use any portion of the Grand Otaku Department website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members shall not attempt to gain unauthorized access to Grand Otaku Department's database or other computer systems.
17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Grand Otaku Department in connection with the Grand Otaku Department website or the Services.
18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Grand Otaku Department website.
19. Members shall not use any portion of the Grand Otaku Department website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Grand Otaku Department. Grand Otaku Department will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.
D) Privacy
Grand Otaku Department is a fun website that lets you connect with other memebers. Like any website that offers a service where you register and provide information about yourself or your opinions, it is wise to pay attention to your personal information. At Grand Otaku Department we understand this, and have established this Privacy Policy to explain how information is collected on our website, and how this information is used. Members Must Be 13 years of age or older. Grand Otaku Department is intended solely for use by persons 13 years of age or older. All persons under 13 are prohibited from registering on Grand Otaku Department.
E) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM Grand Otaku Department, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY Grand Otaku Department FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
F) Member Account and Password
Once Member registers for Grand Otaku Department, Member will have a password and an account with Grand Otaku Department. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Grand Otaku Department of any unauthorized use of Member's account or any other breach of security known to Member.
G) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Grand Otaku Department website and within Grand Otaku Department email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Grand Otaku Department and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Grand Otaku Department Content or third party Content only as expressly authorized by Grand Otaku Department or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Grand Otaku Department Content or third party Content without expressly being authorized to do so by Grand Otaku Department or the third party advertiser. Member may make a copy of the Grand Otaku Department Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Grand Otaku Department does not claim ownership of content that its Member's may provide to Grand Otaku Department, by providing content to Grand Otaku Department, Members automatically grant, and represent and warrant that they have the right to grant, to Grand Otaku Department a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.
Grand Otaku Department respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights
H) Disputes
Any controversy or claim arising out of or relating to this Agreement, Grand Otaku Department, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Tagged may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California necessary to protect the rights or property of you or Tagged (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If there is a dispute between participants on this site, or any third party, Tagged is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Tagged, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If Member is a California resident, Member waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
I) Termination
Either party may terminate use of the Grand Otaku Department website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Grand Otaku Department may terminate with or without cause at any time and effective immediately, at Grand Otaku Department's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Grand Otaku Department shall not be liable to Member or any third party for termination of use of Grand Otaku Department or the Services. Member's right to use Grand Otaku Department or the Services shall cease immediately. Member shall have no right and Grand Otaku Department will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
J) DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE Grand Otaku Department WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE Grand Otaku Department WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Grand Otaku Department DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TAGGED WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Grand Otaku Department DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Grand Otaku Department WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE Grand Otaku Department WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Grand Otaku Department DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Grand Otaku Department WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
K) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Grand Otaku Department BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE Grand Otaku Department WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Grand Otaku Department WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE Grand Otaku Department WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Grand Otaku Department WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Grand Otaku Department WEBSITE OR THE SERVICES OR ANY LINKS ON THE TAGGED WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Grand Otaku Department WEBSITE OR THE SERVICES OR ANY LINKS ON THE Grand Otaku Department WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.