1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the JpopAsia.com domain name, the "JpopAsia Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) JpopAsia's privacy notice, found at http://www.JpopAsia.com/static/privacy/ and incorporated here by reference, and (3) JpopAsia's Community Guidelines, found at http://www.JpopAsia.com/static/rules/ and also incorporated here by reference. If you do not agree to any of these terms, the JpopAsia privacy notice, or the Community Guidelines, please do not use the JpopAsia Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. JpopAsia may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. JpopAsia Website
A. These Terms of Service apply to all users of the JpopAsia Website, including users who are also contributors of information and other materials or services on the Website. The JpopAsia Website includes all aspects of JpopAsia, including but not limited to all products, software and services offered via the website.
B. The JpopAsia Website may contain links to third party websites that are not owned or controlled by JpopAsia. JpopAsia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, JpopAsia will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve JpopAsia from any and all liability arising from your use of any third-party website.
3. JpopAsia Accounts
A. In order to access some features of the Website, you will have to create a JpopAsia account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JpopAsia immediately of any breach of security or unauthorized use of your account.
B. Although JpopAsia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JpopAsia or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
JpopAsia hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without JpopAsia's prior written authorization.
B. You agree not to alter or modify any part of the Website, including any of its related technologies.
C. You agree not to use the Website for any commercial use, without the prior written authorization of JpopAsia. Prohibited commercial uses include any of the following actions taken without JpopAsia's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the JpopAsia website or any third-party website, targeted to the content of specific User Submissions or JpopAsia content;
* and any use of the Website or its related services that JpopAsia finds, in its sole discretion, to use JpopAsia's resources or User Submissions with the effect of competing with or displacing the market for JpopAsia, JpopAsia content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
D. Prohibited commercial uses do not include:
* adding an official celebrity profile to JpopAsia, or maintaining an original profile on JpopAsia, to promote your business or artistic enterprise;
* any use that JpopAsia expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the JpopAsia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JpopAsia grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. JpopAsia reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, JpopAsia Community Guidelines, and all applicable local, national, and international laws and regulations.
G. JpopAsia reserves the right to discontinue any aspect of the JpopAsia Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the JpopAsia Website.
A. The content on the JpopAsia Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JpopAsia, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JpopAsia reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the JpopAsia Service; and
* for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the JpopAsia Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the JpopAsia Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the JpopAsia Service or otherwise as prohibited under this Agreement.
D. You may access JpopAsia Content, User Submissions and other content only as permitted under this Agreement. JpopAsia reserves all rights not expressly granted in and to the JpopAsia Content and the JpopAsia Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the JpopAsia Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JpopAsia Website or the Content therein.
G. You understand that when using the JpopAsia Website, you will be exposed to User Submissions from a variety of sources, and that JpopAsia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JpopAsia with respect thereto, and agree to indemnify and hold JpopAsia, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a JpopAsia account holder you may add video content and textual content. Videos and Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, JpopAsia does not guarantee any confidentiality with respect to any User Submissions.
B. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the JpopAsia Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
C. JpopAsia does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JpopAsia expressly disclaims any and all liability in connection with User Submissions. JpopAsia does not permit copyright infringing activities and infringement of intellectual property rights on its Website. JpopAsia reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. JpopAsia will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. JpopAsia reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. JpopAsia may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE JpopAsia WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JpopAsia, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JpopAsia MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JpopAsia WEBSITE. JpopAsia DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JpopAsia WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JpopAsia WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL JpopAsia, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JpopAsia WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JpopAsia SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by JpopAsia from its facilities in the United States of America. JpopAsia makes no representations that the JpopAsia Website is appropriate or available for use in other locations. Those who access or use the JpopAsia Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless JpopAsia, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the JpopAsia Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the JpopAsia Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the JpopAsia Website is not intended for children under 13. If you are under 13 years of age, then please do not use the JpopAsia Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JpopAsia without restriction.
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