J-Novel Club Terms of Service

Last Modified: 1/11/2010

J-Novel Club LLC ("J-Novel Club") provides our website accessible at j-novel.club (the "Site") through which users can participate in an online community dedicated to enjoying anime and media in all forms (the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and J-Novel Club and apply to you whether you are a J-Novel Club Member (defined below) or a visitor just browsing the Site (collectively, "J-Novel Club Users"). These Terms of Use limit J-Novel Club's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

YOU UNDERSTAND THAT BY REGISTERING AN ACCOUNT, BY USING THE SITE, SERVICES OR YOUR J-Novel Club ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE OR VIA THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

Eligibility and Registration.

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you will have to create a J-Novel Club account. To obtain a J-Novel Club account you must be at least 13 years of age.

When you register with J-Novel Club and set up your J-Novel Club account, you must provide J-Novel Club with accurate and complete information. You agree to promptly update your J-Novel Club account information with any new information that may affect the operation of your J-Novel Club account. You authorize J-Novel Club, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your J-Novel Club account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from J-Novel Club Users.

You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. J-Novel Club reserves the right to require you to change your username for any reason and may do so at anytime.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding J-Novel Club account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your J-Novel Club account, whether or not you have authorized such activities or actions. You agree to immediately notify J-Novel Club of any unauthorized use of your username, password or J-Novel Club account.

Access to Certain Content: Fees and Billing.

J-Novel Club Members may be able to access and/or purchase certain premium content ("Premium Content") through the Site or Services in a few different ways including: (i) J-Novel Club account holders can pay a monthly subscription fee to view certain Premium Content for the applicable time period ("Subscription Fee"), as well as access certain sections of the forums, and optionally obtain credits toward downloading certain Premium Content. Fees are refundable at J-Novel Club's sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).

You hereby authorize J-Novel Club to collect fees by charging the credit card you provide to us as part of your J-Novel Club account information, either directly or indirectly via a third party online payment service.

Proprietary Rights and Licenses.

(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:

"J-Novel Club Content" means, collectively, the text, data, graphics, images, J-Novel Club trademarks and logos and other content (including Licensed Content) made available through the Site and Services.

"Licensed Content" means any content provided to J-Novel Club by its third party content partners (which may include Premium Content) made available through the Site and Services.

(c) J-Novel Club Content.

(i) J-Novel Club and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, J-Novel Club Content and any other content made available through the Site or Services contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, J-Novel Club Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, J-Novel Club Content or any other content made available through the Site or Services. All rights in J-Novel Club Content are reserved.

(d) Reminder Regarding Premium Content. For the avoidance of doubt with respect to any Premium Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Premium Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any artwork embodied in the content.

(e) Disclaimer. J-Novel Club does not guarantee that any content (including without limitation J-Novel Club Content) will be made available through the Site or Services, continuously or at all. WHILE J-Novel Club IS UNDER NO OBLIGATION TO DO SO, J-Novel Club RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON J-Novel Club DEEMS SUFFICIENT.

Copyrighted Materials: No Infringing Use.

You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Termination or Suspension of the Site or Services & Modification of these Terms of Use.

J-Novel Club reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after J-Novel Club has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

Without limiting other remedies, J-Novel Club may at any time suspend or terminate your J-Novel Club account and refuse to provide access to the Site or Services. In addition, J-Novel Club may notify authorities or take any actions it deems appropriate, without notice to you, if J-Novel Club suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by J-Novel Club; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, J-Novel Club Users, J-Novel Club or any other third parties or the Site or Services.

Any suspension, termination or cancellation will not affect your obligations to J-Novel Club under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Interactions between J-Novel Club Users.

You are solely responsible for your interactions (including any disputes) with other J-Novel Club Users. You understand that J-Novel Club does not in any way screen J-Novel Club Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other J-Novel Club Users. You agree to take reasonable precautions in all interactions with other J-Novel Club Users, particularly if you decide to meet a J-Novel Club Users offline, or in person. Your use of the Site, Services, J-Novel Club Content and any other content made available through the Site or Services is at your sole risk and discretion and J-Novel Club hereby disclaims any and all liability to you or any third party relating thereto. J-Novel Club reserves the right to contact J-Novel Club Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with J-Novel Club to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized J-Novel Club representatives access to any password-protected portions of your J-Novel Club account.

Obligations for J-Novel Club Users.

The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

Upload, post, submit or otherwise transmit any content that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of J-Novel Club;

Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

Upload, post, submit or otherwise transmit any content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of J-Novel Club's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

Attempt to probe, scan or test the vulnerability of any J-Novel Club system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by J-Novel Club or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

Collect or store personal data about other J-Novel Club Users without their express permission;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

Use the Site or Services in any manner not permitted by these Terms of Use; or

Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

Indemnification.

You agree to defend, indemnify and hold J-Novel Club and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, J-Novel Club Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services caused damage to a third party. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify J-Novel Club applies to your activities on the Site at any time.

Disclaimer.

THE SITE, SERVICES, J-Novel Club CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. J-Novel Club EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, J-Novel Club CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, J-Novel Club MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, J-Novel Club CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL J-Novel Club OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, J-Novel Club CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY J-Novel Club USER, ONLINE OR OFFLINE, WHETHER OR NOT J-Novel Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, J-Novel Club'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. J-Novel Club WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Force Majeure.

J-Novel Club will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to J-Novel Club infrastructure or connectivity to the internet or failure at an J-Novel Club co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, J-Novel Club will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that J-Novel Club may reasonably require to recover from the effects of such Force Majeure Event.

Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by J-Novel Club via email (in each case to the address that you provide), a posting on the Site or to such other addresses as J-Novel Club may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

The Site or Services may provide links to websites other than J-Novel Club.com. Such links are provided for reference only, and J-Novel Club neither controls such websites nor endorses any of the material on any such websites or any association with their operators. J-Novel Club is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

Miscellaneous.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of J-Novel Club and any prohibited assignment will be null and void. J-Novel Club may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Texas excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Bexar County, Texas and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and J-Novel Club's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and J-Novel Club. These Terms of Use together with the rules and policies of J-Novel Club incorporated herein by reference constitute the entire agreement between J-Novel Club and you with respect to the subject matter of these Terms of Use.

Questions.

If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact J-Novel Club at contact@j-novel.club.