Terms of Service
(Effective Date: May 1, 2011)
EACH TIME YOU USE OR ACCESS THE WEBSITE OR SERVICE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE WEBSITE OR SERVICE. YOUR CONTINUED ACCESS OF THE WEBSITE OR USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to a Service or product offered by the Company ("Additional Terms"). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
The license granted to you is subject to the following limitations. You shall not or permit any other person to:
(i)in whole or in part modify or create any derivative work of the Service, including Company Materials (defined below);
(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in any Company Materials;
(iii) sell, grant a security interest in or transfer reproductions of any Company Materials to other parties in any way not expressly authorized herein;
(iv) assign, rent, lease, distribute or license any Company Materials to others;
(v) exploit the Service, including any Company Materials, or any of its parts for any commercial purpose; or
(vi) create or maintain, under any circumstance, any unauthorized connections to the Service. All connections to the Service may only be made through methods and means expressly approved by the Company. Under no circumstances may you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in immediate (without notice), automatic termination of the license granted hereunder, your Account, and may subject you to civil and/or criminal liability.
2. IP OWNERSHIP
(a) Website and Service.
The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Website and Service (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the "look and feel" of the Website and Service; the compilation, assembly and arrangement of the materials of the Website; and all other materials or contentmade available on the Website (collectively, the "Company Materials") and such Company Materials are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trademark Notice.
The With you Japan logo(s) are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing on the Website or as part of the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as "metatags" for any purpose other than as expressly authorized in these TOS is strictly prohibited.
(c) No Additional Rights.
Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
3. ONLINE CONDUCT
You agree that you will be personally responsible for your use of the Service and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such use, and activity. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
- Post, transmit, promote, or distribute illegal content.
- Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another individual who uses the Website or Company or affiliate's employee or agent.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
- Infringe upon the intellectual property rights of Company or any third party.
- Impersonate another person, indicate that you are a Company or affiliate employee or agent, or attempt to mislead individuals who use the Website by indicating that you represent Company or any of Company's licensors or affiliates.
- Upload any content that you do not own or have the right to freely distribute.
- Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
- Upload files or display URLs that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.
- Modify, reproduce, distribute, delete or create derivative works of the Service, Website. Company Materials or any component thereof.
- Attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereto.
- Post or communicate real-world personal information of any individual(s) who use the Website within the Service or any other part of the Website.
- Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
- Copy, sell, assign, lease, license or grant a security interest in the Services or any part thereof (including Company Materials)).
- Modify or remove any copyright, patent, confidentiality, and other notices, labels or legends in the Website.
If you encounter another individual who is violating any of the items described in the Online Conduct list above, please report them to [email protected]
(a) Terms of Service.
The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to the TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using the Services. Your continued use of the Services constitutes your agreement to be bound by the modified TOS.
(b) Website and Service.
The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, "Changes") the Website or the Service, whether temporarily or permanently, in whole or in part. Any such Change shall be effective immediately upon notice by posting on the Website, the Service or these TOS, or by any other method of notice the Company deems appropriate. Any access or use of the Website or Service after such notice of Change, constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Website or Service may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Website or Service, and termination of any license. The Website and Service may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website and Service are made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, WEBSITE, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
6. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL THE COMPANY'S OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE GREATER OF: (A) US$100 OR (B) THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY'S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND 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.
9. LINKS WITH OTHER SITES
For the convenience, the Website may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other website linked to or from the Website. If you link to another website, you leave the Website and you do so entirely at your own risk. The Company provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, from third parties arising from: (a) any breach of these TOS, or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your use of the Website or Service, or (c) violation of any rights of any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Company in that matter. The obligations set forth herein shall survive termination of these TOS.
9. GOVERNING LAW
This Website is operated and controlled from Interush Media, Inc. in the State of California, U.S.A. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and Services. By accessing or using the Website and/or Services, you submit and consent to the exclusive jurisdiction of state and federal courts located in the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS and/or your use of the Website or Service.
10. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
11. VOID WHERE PROHIBITED
The information provided on the Website and through the Service is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Website or Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or Service from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws. THE WEBSITE AND SERVICE(S) ARE INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY USING THE WEBSITE OR THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
It is the Company's policy to respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether Company may be liable for such infringement under local country law or United States law, Company's response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected content so that they may make a counter notification. We may also document notices of alleged infringement on which we act.
(a) Infringement Notification.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit Interush Media, Inc. to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit Interush Media, Inc. to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Send the written communication to the following address: Interush Media, Inc.
Attn: DMCA Complaints
19900 MacArthur Blvd., Suite 900
Irvine, CA 92612
Or fax to:
(949) 265-7751, Attn: DMCA Complaints
(b) Counter Notification.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs or other unique identifying information of material that the Company has removed or to which the Company has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Orange County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
- Sign the paper.
- Send the written communication to the following address:
Interush Media, Inc.
Attn: DMCA Counter Notification
19900 MacArthur Blvd., Suite 900
Irvine, CA 92612
Or fax to:
(949) 265-7751, Attn: DMCA Counter Notification
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Website or Service, please contact us via e-mail at [email protected]
© 2011 Interush Media, Inc. All rights reserved.