Terms of use

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Last Updated: October 26, 2020

 

This aniplay Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between aniplay, Inc. (“aniplay,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). aniplay provides online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”). This Agreement governs your use of our Services.



Content




    1. Acceptance

 

    1. Our Services

 

    1. Accounts

 

    1. Subscription Plans

 

    1. Acceptable Use Policy

 

    1. Licenses Granted by You

 

    1. Your Obligations

 

    1. Term and Termination

 

    1. Disclaimers

 

    1. Limitation of Liability

 

    1. General Provisions




1. Acceptance



By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.



If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.



We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.



This Agreement includes our Privacy Policy and the addenda listed in Section 11 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.



2. Our Services



Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:



    • Stream videos that you have the right to view;

 

    • Upload, store, and/or stream videos, subject to your plan;

 

    • Embed our embeddable video player on third-party websites;

 

  • Use all related functionality that we may provide.



The features available to you will depend on your plan. We may change features from time to time.



3. Accounts



Registration: You may create an account to use certain features we offer (e.g., uploading). To do so, you must provide an email address. You consent to receive notices from aniplay at this email address.



Age Requirements: You must be at least 16 years old to create an account. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.



Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.



Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password or notify us immediately.



4. Subscription Plans



Plan Types: We offer free memberships and pro subscriptions through third-party payment processors.



Refund Policy: No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5. Acceptable Use Policy



We may allow you to upload, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "Content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. aniplay may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. aniplay may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.



5.1 Copyright Policy



You may only upload content that you have the right to upload and share. Copyright owners may send aniplay a takedown notice with valid evidence if they believe aniplay is hosting infringing materials. We will, in appropriate circumstances, remove this content.



5.2 Content Restrictions



You may not submit any content that:



    • Infringes any third party’s copyrights or other rights.

 

    • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group.

 

    • Promotes or supports terror or hate groups.

 

    • Exploits minors.

 

    • Depicts unlawful acts or extreme violence.

 

    • Depicts animal cruelty.

 

    • Promotes fraudulent or dubious business schemes or proposes an unlawful transaction.

 

    • Makes false or misleading claims about vaccination safety.

 

    • Claims that mass tragedies are hoaxes or false flag operations.

 

    • Depicts or encourages self-harm.

 

  • Violates any applicable law.





5.3 Code of Conduct



When using our Services, you may not:



    1. Act in a deceptive manner or impersonate any person or organization.

 

    1. Harass or stalk any person.

 

    1. Harm or exploit minors.

 

    1. Distribute “spam” in any form or use misleading metadata.

 

    1. Collect personal information about others.

 

    1. Access another’s account without permission.

 

    1. Engage in any unlawful activity.

 

    1. Embed our video player on or provide links to sites that contain content prohibited by Section 5.2.

 

  1. Cause or encourage others to do any of the above.



5.4 Prohibited Technical Measures



You will not:

 

    • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures.

 

    • Submit any malicious program, script, or code.

 

    • Submit an unreasonable number of requests to our servers.

 

  • Take any other actions to manipulate, interfere with, or damage our Services.



5.5 Restricted Users



You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.



5.6 Accessibility and Ratings



We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.



6. Licenses Granted by You



As between you and aniplay, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow aniplay to host and stream your content, you grant aniplay the permissions set forth below.



6.1 Your Video Content



By submitting a video, you grant aniplay permission to:

 

    • Stream the video to end users.

 

    • Embed the video on third-party websites.

 

    • Distribute the video via our APIs.

 

    • Make the video available for download.

 

    • Transcode the video (create compressed versions of your video file that are optimized for streaming).

 

  • Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).

 

The license period begins when you submit the video to aniplay and ends when you or aniplay delete it; keep in mind that aniplay may retain archival copies: (a) for a limited period of time; (b) when aniplay in good faith believes that it is legally obligated to do so.



6.2 Account Profile



You grant aniplay permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.



6.3 Other Content; Feedback



Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant aniplay a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to aniplay on improving or products or services, aniplay may use your suggestions without any compensation to you.



6.4 Scope of Licenses



All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to aniplay; rather, any breach of a term by aniplay hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).



7. Your Obligations



7.1 Representations and Warranties



For each piece of content that you submit to or through aniplay, you represent and warrant that:



    • You have the right to submit the content to aniplay and grant the licenses herein.

 

    • aniplay will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content.

 

    • The content does not, and will not, infringe any third party's rights, including intellectual property rights and privacy rights.

 

  • The content complies with this Agreement and all applicable laws.



7.2 Indemnification



You will indemnify, defend, and hold harmless aniplay and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.



8. Term and Termination



This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period. With respect to Basic (free) memberships, aniplay may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.



If you breach this Agreement, aniplay may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it. If aniplay deletes your account for breach, you may not re-register.



In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).



9. Disclaimers



aniplay PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.



EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, aniplay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, aniplay makes no representations or warranties:



    • That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;

 

    • Concerning any content submitted by our users;

 

    • That any geo-filtering or digital rights management solution that we might offer will be effective;

 

    • That our Services will meet your business or professional needs;

 

  • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device;



10. Limitation of Liability



TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) aniplay SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) aniplay'S TOTAL LIABILITY TO YOU, EXCEPT FOR aniplay’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO aniplay OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.



11. General Provisions



Reservation of Rights, Severability, Force Majeure: aniplay reserves all rights not expressly granted herein. aniplay’s rights and remedies are cumulative. No failure or delay by aniplay in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. aniplay will not be liable for any delay or failure caused by a force majeure event.



Relationship: You and aniplay are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by aniplay or who is prohibited from registering; any such assignment will be void.



Third Parties: We may find links to and integrations with websites operated by others. The website operator, not aniplay, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.



Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of aniplay. If you have a signed agreement with aniplay, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.



This Agreement incorporates the following documents (and no others) by reference:

 



Notices: You must send any notices of a legal nature to us by email.