MAL Live

Effective: January 15th, 2020

These Terms of Use are entered into by and between you and qdopp, Inc. (“qdopp”, “Company”, “we”, “us” or “our”). The following terms and conditions (“Terms of Use”) govern your access to and use of the MAL Live web app at mallive.co (“MAL Live”), including any content, functionality, and services offered on or through MAL Live, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use MAL Live. By using MAL Live or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use MAL Live.

Age Restrictions

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of MAL Live thereafter. When we amend these Terms of Use, we will provide notice to you by sending an email to the email address associated with your user account (if you have chosen to provide an email address) or by otherwise providing notice through MAL Live.

Your continued use of MAL Live following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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.

To access MAL Live or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of MAL Live that all the information you provide to us is correct, current, and complete. You agree that all information you provide to use or register with MAL Live or otherwise, including, but not limited to, through the use of any interactive features on MAL Live, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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.

These Terms of Use permit you to use MAL Live for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on MAL Live.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of MAL Live in breach of the Terms of Use, your right to use MAL Live will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to MAL Live or any content on MAL Live is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of MAL Live not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

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.

Prohibited Uses

You may use MAL Live only for lawful purposes and in accordance with these Terms of Use. You agree not to use MAL Live:

  • 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with any content standards set out in these Terms of Use.
  • 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 manual process to monitor or copy any of the material on MAL Live, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • 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.

User Contributions

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.

All User Contributions must comply with these Terms of Use, and any User Contribution you post to MAL Live will be considered non-confidential and non-proprietary. By providing any User Contribution on MAL Live, you grant us, our business partners who help us operate MAL Live and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

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.
  • All of your User Contributions do and will comply with these Terms of Use.
  • 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.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of MAL Live or the public, or could create liability for the Company or our business partners.
  • 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.
  • Terminate or suspend your access to all or part of MAL Live for any or no reason, including without limitation, any violation of these Terms of Use.

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.

Content Standards

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.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • 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.

Copyright Infringement

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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:

qdopp, Inc.
Address:8F IS Alps Bldg., 1-16, Kanda Suda-cho, Chiyoda-ku, Tokyo 101-0041, Japan
Attn:Leo Akahoshi
Email:mallive@qdopp.com

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.

Online Content is owned by us and/or our licensors and is protected by intellectual property laws and treaties. We do not transfer any title, right or interest to or in Online Content to you. Upon streaming, downloading and/or use of Online Content and payment of the purchase price and any other applicable fees, we grant you a non-exclusive and non-assignable license to use, download, access, view and display such Online Content only on the number and type(s) (if so limited) of devices specified, and solely for your personal, non-commercial use in accordance with these Terms of Use and any other terms and conditions which may be presented to you in connection with the Online Content.

Your purchase of Online Content cannot be exchanged for other Online Content and is non-refundable, except as expressly stated in these Terms of Use. For example, if you purchase a ticket for an online live streaming event and are unable to view the event because your schedule changed or due to software failure, service failure or computer, equipment or other device malfunction on your end, you will not be refunded. However, tickets for online live streaming events may be refunded or exchanged in certain circumstances as discussed below.

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.

Additional terms and conditions may also apply to tickets, points, digital items or other Online Content, which may be presented to you at the time of purchase (“Additional T&C’s”). For example, certain Online Content may have an expiration, such as points which expire 120 days from the date of purchase or sooner if an earlier expiration is stated in Additional T&C’s. All Additional T&C’s are hereby incorporated by this reference into these Terms of Use, and to the extent any Additional T&C’s conflict with any terms in these Terms of Use, then the Additional T&C’s will govern and take precedence over the Terms of Use with respect to the conflicting term(s).

Links to and from MAL Live

You may link to MAL Live, provided you do so in a way that does not violate these Terms of Use, is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice, and we may disable all or any links at any time without notice in our discretion.

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.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its business partners, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of MAL Live, including, but not limited to, your User Contributions, any use of MAL Live’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from MAL Live.

Governing Law and Jurisdiction

All matters relating to MAL Live and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Japan without giving effect to any choice or conflict of law provision or rule (whether of Japan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or MAL Live shall be instituted exclusively in the Tokyo District Court located in Tokyo, Japan, although we and our business partners retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR MAL LIVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, our Cookie Policy and any other policies incorporated therein by reference constitute the sole and entire agreement between you and qdopp regarding MAL Live and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding MAL Live.

Contact Us

All questions, comments, requests and other communications relating to MAL Live should be directed to us at: mallive@qdopp.com or by going to the “Contact Us” link at the bottom of this page.