Terms of Use

Your Acceptance

By using and / or visiting MyDramaList, including all Content (as defined below) available through MyDramaList, you signify your assent to these terms and conditions (the “Terms of Service”).

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that MyDramaList shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.

These Terms of Service were last revised on March 1, 2012. We may change these Terms of Service at any time. Please review the Terms of Service each time you visit the Website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF SERVICE.

Privacy Policy

Our Privacy Policy describes the information MyDramaList collects when you and others use this Website. It also describes how MyDramaList uses any personal information you share with it. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

Links to and From the Website

These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by MyDramaList. MyDramaList has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, MyDramaList will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve MyDramaList from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of each and every other website that you visit.

MyDramaList gives you the right to link to any page on MyDramaList

Website Access/Users Who Violate Terms of Service

• MyDramaList hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, download or distribute any part of the Website in any form or medium without MyDramaList prior written authorization; (iii) you will not alter, modify, or make derivative works from any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. All derivative work on MyDramaList is licensed under a Creative Commons Attribution Non-Commercial No Derivatives license. Outside of MyDramaList, no one has the right to alter the derivative work in any way, or to use it commercially. The unaltered derivative work can only be shared as a link back to the derivative work on MyDramaList.
• MyDramaList may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who repeatedly post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights.

Restrictions on Use of the Website

You must be at least 13 to access and use our Service. By using our Service you are warranting that you are 13 or older and agreeing that you will comply with these Terms of Use. If you do not agree or are not in compliance with these Terms of Use, you may not use our Service.

If you are a minor in the jurisdiction in which you reside (e.g. under 18 years of age), you may only use the Service if (a) you either obtain parental or legal guardian consent after review of this Agreement prior to you using any of the Service provided by Company or are an emancipated minor and (b) you are competent and fully able to enter into the representations, and warranties, terms, conditions, obligations, and affirmations, set forth in this Agreement, and to comply and abide by with this Agreement.

All Users who are minors in the jurisdiction in which they reside must have the permission of their parent or guardian to use the Service chat rooms. All minors must be directly supervised by their parent or guardian while using our chat rooms. Company does not systematically monitor and review the conversations that take place in the chat rooms. Company does not determine the true identity or age of those who frequent and use the Service chat rooms.

The Company may in its sole discretion for any or no reason, with or without notice, including without limitation if it believes that you are under 13, terminate your account or profile, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service).

Auto-Renewal for Subscription Service

Unless you opt out of auto-renewal, any Subscription Service you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate a Subscription Offering, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Payment Terms

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.

Rules and Conduct

This Site may provide fora and other features for communication. Please read our Privacy Policy, available at https://mydramalist.com/privacy to understand your privacy protections. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to this Site (collectively, "Contributions"). You understand that we may also make the Contributions you submit available to other websites and businesses (such other websites and businesses, the "Network") where they may be used. Any licenses or other rights grants, and promises, representations and warranties you make about the Contributions with respect to this Site or the Services, you are also hereby making with respect to the use of such Contributions through and by the Network (i.e., wherever you are granting a license or other rights grant, or making a promise, representation or warranty, with respect to this Site or the Services, that grant, promise, representation or warranty shall be deemed and construed to also apply to the Network). When you create or make available a Contribution, you represent and warrant that you:

• own or have sufficient rights to post your Contributions on or through this Site;
• will not post Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights), confidentiality or contract rights;
• have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through this Site;
• will not post or submit Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
• will not post or submit Contributions that contain "Spam", advertisements or solicit any person to buy or sell products or services (other than our products and services);
• will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
• will not post or submit Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
• will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
• will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

Your Account

If you use any MyDramaList service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MyDramaList reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

By posting content or submitting material to our site, you grant MyDramaList a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You also grant MyDramaList and its sublicensees the right to use the name you submit in connection with such content, if they choose.

By submitting content, you represent and warrant that:

• You own or otherwise control all the rights to the content you post.
• The content is accurate.
• The use of the content you supply does not violate this policy and will not cause injury to any person or entity.
• You will indemnify MyDramaList for all claims resulting from the content you supply.

MyDramaList reserves the right, but not the obligation, to monitor, edit, or remove any activity or content. MyDramaList assumes no responsibility and disclaims all liability for any content posted by you or any third party. For information about how we handle content submissions, please review our Privacy Policy.

Copyright Complaints

MyDramaList respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon, please provide our copyright agent with the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the infringing material is located on our site.
• Your address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MyDramaList Copyright Agent
[email protected]

This procedure is exclusively for notifying MyDramaList of copyright infringement. Misuse of this process may result in legal consequences.

Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property (Trademarks & Copyrights)

MyDramaList, the MyDramaList logo and the MyDramaList design, may not be used without express written permission from MyDramaList, other than for attribution. All other trademarks not owned by MyDramaList that appear on MyDramaList are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyDramaList. MyDramaList-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of MyDramaList and its licensers and protected by United States and international copyright laws. Except as set out in these MyDramaList Terms, no reproduction of any MyDramaList-originated content is permitted without written permission from MyDramaList. Any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

User Reviews, Recommendations, Comments, and other Material

Your Posts: As part of the MyDramaList Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, “Post”) reviews, comments or other materials (collectively, “User Material”). In order to keep MyDramaList enjoyable for all of our users, we ask you to adhere to the following rules.

Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the MyDramaList Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant MyDramaList the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. MyDramaList will remove all User Material if properly notified that such User Material infringes on another person’s rights. You understand that MyDramaList does not guarantee any confidentiality with respect to any User Material.

MyDramaList does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant MyDramaList a limited non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to use, display, reproduce, transmit, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the MyDramaList Services, in any media formats and any media channels now known or hereinafter created. By Posting your User Material, you also hereby grant each user of the MyDramaList Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the MyDramaList Services and under these Terms of Use.

Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. MyDramaList does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of MyDramaList. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does MyDramaList assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against MyDramaList with respect to such User Material.

Advertisements

MyDramaList takes no responsibility for advertisements or any third party material posted on MyDramaList, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Website are between you and the advertiser, and you agree that MyDramaList is not liable for any loss or claim that you may have against an advertiser.

Disclaimer of Warranties, Limitation, Limitation of Liability and Indemnity

YOU AGREE THAT USE OF THE MYDRAMALIST.COM SERVICES IS AT YOUR OWN RISK. THE MYDRAMALIST.COM, INCLUDING THE MYDRAMALIST.COM SITE AND THE OTHER SITES, THE MYDRAMALIST.COM CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYDRAMALIST.COM DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE MYDRAMALIST.COM SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

IN NO EVENT SHALL MYDRAMALIST.COM OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “MYDRAMALIST PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MYDRAMALIST.COM SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE MYDRAMALIST.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE MYDRAMALIST.COM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE MYDRAMALIST.COM SERVICES.