- These Terms govern access to and use of the Platform, any of our websites and services (collectively, the “Site”) by site visitors (the “Site Visitors”) and users who register for an account with us (“Account”) (the “Users”). By accessing or using the Site, you as a Site Visitor or User whether on behalf of yourself or a legal entity you represent, are deemed to have accepted these Terms. Site Visitor and User may be referred to in these Terms as “you” and “your” as applicable.
- USE AND ACCESS RIGHTS
- We hereby grant you a limited, non-exclusive and non-transferable rights to access the Site solely for your personal or internal, non-commercial use and only as expressly permitted in these Terms.
- You agree and undertake that you shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms.
- General Restrictions
You shall not (and shall not allow any third party to):
- publicly disseminate information regarding the performance of the Site (which is deemed to be our confidential information);
- modify or create a derivative work of the Site or any portion of it;
- reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or any part of the Site;
- distribute any portion of the Site without our prior written consent;
- access the Site for the purpose of building a competitive product or service or copying its features or user interface;
- use the Site for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without our prior written consent; or
- use or permit the Site to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms.
- Our Intellectual Property
- All copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Site (collectively, “Intellectual Property”) are owned by us or, where applicable, third-party proprietors identified on the Site. No right or license is granted directly or indirectly to you to use or reproduce any Intellectual Property and you shall not claim any right, title or interest therein.
- By accessing the Site, you agree to comply with all applicable laws, including but not limited to, copyright, trade secret and trademark laws, as well as other states, national and international laws and regulations which protect our Intellectual Property. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Intellectual Property. You also may not, without our prior written consent, mirror or frame any part of our Intellectual Property on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any of our Intellectual Property, without our prior written consent.
- Permitted Download of Content and Materials
- Without prejudice to Clause 4.1 and except as otherwise restricted by these Terms, we grant you permission on a non-exclusive, non-transferable, limited basis to copy and download content and materials (which are non-proprietary in nature) on the Site (“Permitted Content and Materials”) provided that:
- we shall retain all rights and interests in relation to the Intellectual Property (if any) in and to the Permitted Content and Materials;
- you shall only use the Permitted Content and Materials solely for personal or internal, non-commercial use; and
- you shall not modify the Permitted Content and Materials in any way whatsoever.
- Any violation by you of any of the provisions contained in this Clause 4 may result in the immediate termination of your right to use the Site, as well as potential liability for intellectual property, copyright or other proprietary right infringement or any other claims depending on the circumstances.
- User Content
- The Site may enable you to submit, post, upload or other make available (collectively, “Post”) content such as anime content, questions, public messages, ideas, product feedback, comments or any other content (collectively, “User Content”) that may or may not be viewable by other users. If you Post User Content, unless we indicate otherwise, you grant us a non-exclusive, royalty-free and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display such User Content throughout the world in any form, media or technology now known or hereafter developed.
- You grant us the right to use your name and other information about you that you submit in connection with your User Content.
- You represent and warrant that:
- you own or otherwise control all of the rights to the User Content that you Post;
- the User Content you Post is true and accurate; and
- use of the User Content you Post does not violate these Terms or any applicable laws.
- RESTRICTIONS ON USE OF THE SITE
- By using the Site, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
- is illegal, or violates any federal, state or local law or regulation;
- advocates illegal activity or discusses illegal activities with the intent to commit them;
- violates any third-party right, including but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret or any other intellectual property or proprietary rights;
- is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libellous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
- interferes with any other party’s use and enjoyment of the Site;
- attempts to impersonate another person or entity;
- violates these Terms, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes or other advertising materials;
- falsely states, misrepresents or conceals your affiliation with another person or entity;
- accesses or uses the Account of another user without the relevant user’s permission or consent;
- distributes computer viruses or other code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or electronic communications equipment;
- interferes with, disrupts, disables, overburdens or destroys the functionality or use of any features of the Platform, or the servers or networks connected to the Platform;
- hacks or accesses without permission our proprietary or confidential records, those of another use or those of anyone else;
- improperly solicits personal or sensitive information from other users, including but not limited to their addresses, credit card or financial account information or passwords;
- decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site;
- removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;
- uses automated or manual means to violate the restrictions in any robot exclusion headers on the Platform, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping”, “database scraping” or any other activity with the purpose of obtaining lists or users or other information;
- modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers otherwise commercialises any material or content on the Platform;
- uses the Site for benchmarking, or to compile information for a product or service;
- downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, create derivate works from or offers for sale any content or other information contained on or obtained from or through the Site, by any means whatsoever except as provided for in these Terms or with our prior written consent; or
- attempts to do any of the foregoing.
- You shall not frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You may link to the Site, provided that you acknowledge and agree that you will not link the Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent or any unlawful topic, name, material or information or that violates any intellectual property, proprietary, privacy or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Site effective immediately.
- You acknowledge that we have no obligation to monitor your or anyone else’s access to or use of the Site for violations of these Terms, or to review or edit any content. However, we reserve the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and user support process, analytics and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court or governmental authority.
- REPRESENTATIONS AND WARRANTIES
- You represent and warrant to and for our benefit that:
- if you are an individual, you are eighteen (18) years of age or older and that you have the capacity to contract under applicable laws;
- if you are registering for an Account on behalf of a legal entity, (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you, and any individuals using the Account on behalf of the legal entity are duly authorised by such legal entity to act on its behalf;
- you are not prohibited or restricted from accessing and/or using the Site;
- you have the full capacity, power and authority to execute, deliver, perform and observe these Terms;
- you will not falsify or materially omit any information or provide misleading or inaccurate information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of your Account;
- you shall employ reasonable anti-virus, anti-malware and other software and techniques to protect you and your Account from being the victim of a hack or of other malicious actions; and
- these Terms will when executed constitute legally valid and binding obligations on you which are enforceable in accordance with their respective terms.
- Our rights and remedies in respect of any breach of the representations and warranties contained in this Clause 8 by you shall not be affected by:
- any failure to exercise or delay in exercising any right or remedy or by any other event or matter whatsoever, except in the case of a specific and duly authorised written waiver or release; or
- any information we may have received or been given or have actual implied or constructive notice of prior to the breach,
and it shall not be a defence to any claim that we knew or ought to have known that any matters represented or warranted by you were not as represented or warranted.
Without prejudice to any other right or remedy which we may have against you, you undertake to indemnify, keep indemnified and hold us (including our advisers, consultants, agents and representatives) harmless from any and all actions, claims, demands, proceedings, investigations, liabilities or judgments and any and all losses, damages, costs, charges and expenses (on a full indemnity basis including all attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) of whatever nature which refer or relate to or arise, directly or indirectly, in connection with or arising out of:
- your breach of any of these Terms;
- your wilful, unlawful or negligent act or omission;
- your breach of any of the representations and warranties given by you under these Terms;
- your violation of any law, guideline, rule or regulation, or the rights of any third party; or
- your conduct which had caused damage or loss, directly or indirectly to us.
- Limitation of Liability
- SITE AVAILABILITY AND ACCURACY
- Access and Availability
- You hereby acknowledge that access to the Site may become degraded or unavailable during times of significant volatility or volume.
- Although we strive to provide you with excellent service, we do not guarantee that the Site will be available at all times without interruption. Please note that our user support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
- We shall not be liable for any losses whatsoever resulting from or arising out of any unavailability or delays on the Site.
- Website Accuracy
- Although we intend to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
- In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable laws, be changed or updated from time to time without notice to you, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions made by you based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
- Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect whatsoever of the content or services contained in any such third-party materials accessible or linked to from the Site.
- We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of third parties displayed on or transmitted via the Site. Any information or material placed on the Site by third parties reflect the views, and are the responsibility of, those who post such information or material, and do not necessarily represent our views.
- Security and Access Policies
- The internet is not a secure medium. We will use commercially reasonable efforts consistent with industry standards to the extent practicable and in accordance with applicable laws to protect the security of the Site and other systems utilised to provide the services, including but not limited to using up-to-date anti-virus, security and firewall technology commonly used in the industry. You agree that you shall not take any actions that negatively affect the confidentiality, integrity and availability of our systems and information assets.
- We may hold information in either electronic or hard copy form or retain third parties to hold that information on our behalf.
- All our employees and data processors, who have access to, and are associated with the processing of your information, are obliged to respect and keep safe the confidentiality of your information.
- Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. While we take commercially practical steps to protect your information, we cannot and do not accept responsibility for any authorised access, unlawful interceptions or loss of information transmitted to or from the Site, and are not responsible for the actions of any third parties that may receive such information.
- If you become aware that Harmful Code (as defined herein) has infected the Site, then you shall notify us as soon as reasonably practicable, so that we may take actions as necessary to mitigate any potential adverse effects and undertake any further steps that may be applicable or required by applicable laws. For the purpose of this Clause 9.1.5, “Harmful Code” means computer instructions whose primary purpose or effect is to disrupt, damage or interfere with use of any computer or telecommunications facilities, including, without limitation, any automatic restraint, time-bomb, trap-door, virus, worm, Trojan horse or other harmful code or instrumentality that will cause a system to cease to operate or to fail to conform to its specifications. We will take commercially reasonable precautions to avoid, prevent, stop, find and eliminate the spread of any Harmful Code on the Site.
- Security Breach
- If you suspect that your Account or any of your security details have been compromised or if you become aware of any other security incident (including a cyber-security attack) affecting you and/or us (together, a “Security Breach”), you must:
- notify us as soon as possible;
- continue to provide accurate and up-to-date information throughout the duration of the Security Breach; and
- you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
- Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
- Safety and Security of Your Computer and Devices
We are not liable for any damage or interruption caused by any computer viruses or other malicious code that may affect your computer or other electronic device, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.
- SUSPENSION, RESTRICTION AND TERMINATION
- Suspension, Restriction and Termination
We may, at our sole discretion, deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
- we reasonably believe that we need to do so in order to protect our reputation;
- we reasonably suspect you of acting in breach of these Terms; or
- we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction.
We may suspend, restrict, or terminate your use of or access to the Site and/or deactivate or cancel your Account, without any reason whatsoever. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of such risk management and security protocols to you.
- Effect of Suspension, Restriction or Termination
If your Account is suspended, restricted or terminated any reason:
- any and all of your liabilities to us that have accrued before the effective date of the termination shall survive even after the termination;
- all licenses and use rights granted to you with respect to the Site and Intellectual Property shall immediately terminate on the date of termination of these Terms; and
- our obligations to you under these Terms shall immediately terminate on the date of termination of these Terms.
- You shall not, whether directly or indirectly, use or disclose to any third party, or allow to be used or disclosed any confidential information concerning us or our users, save and except where the use or disclosure is required by law or any governmental authority or with our prior written approval to the use or disclosure.
- Prior to use or disclosure of any confidential information as required by law or any governmental authority, you shall promptly notify us or the relevant users (as the case may be) of such requirement with a view to providing us or the relevant users (as the case may be) with the opportunity to contest such use or disclosure or otherwise to agree the timing and content of such use or disclosure.
- The provision of this Clause 11 shall continue to apply after the termination of these Terms without limit in point of time.
- Entire Agreement
These Terms and any revision of the same contain the entire understanding between you and us and supersede any other understandings, inducements or conditions, express or implied, oral or written.
Our delay or failure to enforce, at any time, any provision of any of these Terms shall not be construed as a waiver of our right to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision in these Terms. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
- Binding Terms
These Terms and any revision to the same shall be binding upon you.
- Changes to these Terms
- We may, from time to time, modify, update or amend these Terms to reflect changes in law, our group of companies, the Site or advances in technology, without giving any notice to you. We will post the updated Terms on the Site which shall be effective immediately upon being posted on the Site.
- Please take note to periodically review these Terms and carefully review any changes made to these Terms.
In these Terms:
- words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of these Terms; and
- references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
If any provision of these Terms is or may become invalid or unenforceable under any written laws, or is found by any court or administrative body or competent jurisdiction to be, illegal or prohibited, such provision shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability. The remaining provisions of this Terms shall remain in full force and effect.
- No Partnership/Agency
Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- No Other Terms
Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- Force Majeure
We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, pandemic, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
All notices, waivers, authorisations, approvals, consents, demands or other communications under these Terms must be in writing and in English and sent to the email address provided in Clause 12.15.
- Third-Party Rights
All provisions in these Terms apply equally to and are for our and our third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no provision of these Terms is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
- Remedies Not Exclusive
Any remedy or right conferred upon us for breach of any of the provisions of these Terms shall be in addition to and without prejudice to all other rights and remedies available to it.
You may not assign your rights or obligations under these Terms without our prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties or obligations under these Terms except as expressly provided in these Terms is void. Notwithstanding the foregoing, we may freely assign our rights, duties and obligations under these Terms to any other party.
- Governing Law and Jurisdiction
These terms shall be governed by, and construed in accordance with, the laws of Singapore and the parties hereto hereby submit to the exclusive jurisdiction of the courts of Singapore.
- How to Contact Us
If you have any question/enquiry in respect of these Terms, you may contact us at:
For the attention of