Effective: January 15th, 2020
MAL Live is offered and available to users who are 16 years of age or older. By using MAL Live, you represent and warrant that you are 16 years of age or older. If you are under 16 years of age, you must not access or use MAL Live.
Accessing MAL Live and Account Security
We reserve the right to withdraw or amend MAL Live, and any service or material we provide on MAL Live, in our sole discretion without notice. We will not be liable if for any reason all or any part of MAL Live is unavailable at any time or for any period. From time to time, we may restrict access to some parts of MAL Live, or the entire MAL Live, to users, including registered users.
If you have, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to MAL Live or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
MAL Live and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the term “MAL Live” and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of the Company, its affiliates, its business partners or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on MAL Live are the trademarks or service marks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of MAL Live, or which, as determined by us, may harm the Company, our business partners or users of MAL Live, or expose them to liability.
Additionally, you agree not to:
- Use MAL Live in any manner that could disable, overburden, damage, or impair MAL Live or interfere with any other party’s use of MAL Live, including their ability to engage in real time activities through MAL Live.
- Use any robot, spider, or other automatic device, process, or means to access MAL Live for any purpose, including monitoring or copying any of the material on MAL Live.
- Use any device, software, or routine that interferes with the proper working of MAL Live.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malware or material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of MAL Live, the server on which MAL Live is stored, or any server, computer, or database connected to MAL Live.
- Attack MAL Live via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of MAL Live.
MAL Live may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, other “community” features and other interactive features such as features that enable you to use digital items in an interactive manner (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, digital items or materials (collectively, “User Contributions”) on or through MAL Live.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our business partners and service providers, and each of their and our respective licensees, successors, and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of MAL Live.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of MAL Live.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through MAL Live. YOU WAIVE AND HOLD HARMLESS THE COMPANY, OUR BUSINESS PARTNERS AND OUR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on MAL Live, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the Company has implemented procedures for receiving written notification of claimed copyright infringements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via MAL Live, please notify our copyright agent, as set forth below. For your notice to be effective under the DMCA, you, as a complaining party, must provide all of the following information in writing to our copyright agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at MAL Live are covered by a single notification, a representative list of such works at MAL Live.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request to be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit your notice to our copyright agent:
|Address:||8F IS Alps Bldg., 1-16, Kanda Suda-cho, Chiyoda-ku, Tokyo 101-0041, Japan|
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. Please submit any counter-notice in writing to our copyright agent listed above.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to MAL Live and/or terminate the accounts or profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Reliance on Information Posted
The information, media and other material presented on or through MAL Live is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to MAL Live, or by anyone who may be informed of any of its contents.
MAL Live includes content provided by third parties, such as live streaming concert, and including materials provided by other users and third-party licensors. All statements and/or opinions expressed in this content and other materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the content or other materials. This content and other materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Online Purchases and Donations
You may be able to make purchases through MAL Live, such as “tickets” or “points” for content such as online streaming events (e.g., concerts) or purchase other online or digital items, products, services or content (collectively, “Online Content”). You may also be able to make donations through MAL Live. Inventory for some Online Content may be limited, and popular Online Content with limited inventory may sell out quickly. You may be limited to a certain number or amount of Online Content, as may be posted during the purchase process.
If you do not receive a confirmation (in the form of a confirmation page or email) after making a purchase for any Online Content, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our customer service provider whether or not your order has been placed.
If you purchase a ticket for an online live streaming event that is canceled or postponed by the promoter, team, band or venue, we will attempt to contact you to inform you of refund or exchange procedures for that event. In order to receive a refund or an exchange that may be offered, you will have to comply with the instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the event promoter’s or other third party’s discretion. Further, Online Content, including tickets, may be subject to non-refundable charges or fees, such as convenience charges or processing fees.
Links to and from MAL Live
If MAL Live contains links to other sites, web apps or other online resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, web apps or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, web apps or other resources linked to MAL Live, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, web apps or other resources.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that media, data or files available for downloading from the internet or MAL Live will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to MAL Live for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER MALWARE OR TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MAL LIVE OR ANY SERVICES OR ITEMS OBTAINED THROUGH MAL LIVE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR WEB APP LINKED TO IT.
YOUR USE OF MAL LIVE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MAL LIVE IS AT YOUR OWN RISK. MAL LIVE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MAL LIVE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ITS BUSINESS PARTNERS OR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF MAL LIVE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS BUSINESS PARTNERS OR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT MAL LIVE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH MAL LIVE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MAL LIVE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT MAL LIVE OR ANY SERVICES OR ITEMS OBTAINED THROUGH MAL LIVE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS BUSINESS PARTNERS AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
All questions, comments, requests and other communications relating to MAL Live should be directed to us at: firstname.lastname@example.org or by going to the “Contact Us” link at the bottom of this page.