| Terms and Conditions Last Updated 26 - MARCH - 2009 Manga Pulp is currently one of the UK's fastest growing Manga related website therefore we see it in out best interest to provide the most fair terms and conditions for this website, to benefit our users. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. Manga Pulp ("mangapulp") provides its web sites and all site-related services (collectively, the "Sites") subject to your compliance with the following terms and conditions (the "Terms of Use"). BY USING ANY SITE(S), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS, AS WELL AS OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE TERMS OF OUR PRIVACY POLICY, PLEASE DO NOT USE THE SITES. IF YOU ARE A MINOR, BE SURE TO GET YOUR PARENT OR LEGAL GUARDIAN TO REVIEW AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY ON YOUR BEHALF. 1. Description of the Sites. These Sites are related to the characters and titles of the manga and animation products distributed or licensed by Manga Pulp or its affiliated and related entities. Please note that the Sites are provided for use by individuals only. Organizations, companies, and/or businesses may not become registered members and should not use the Sites or the Materials for any purpose. 2. Changes To the Sites and the Terms of Use. Manga Pulp reserves the right, in its sole discretion, to modify or update these Terms of Use at any time. Such changes or updates shall become effective immediately upon the posting of the changes or updates on the Sites. Please review these Terms of Use periodically. You can determine when the Terms of Use were last updated by referring to the "LAST UPDATED" legend at the top of these Terms of Use. If you have any questions concerning the meaning or application of these Terms of Use, please contact us. In addition, when using the Sites, you agree that you are subject to any additional posted guidelines, rules, or terms and conditions applicable to services made available on the Sites, which are hereby incorporated by reference into this Agreement. 3. REGISTRATION. You may be provided the opportunity to register to become a member of one or more of the Sites. In some instances, Manga Pulp may also require registration to gain access to certain Site areas or services. If you choose to register on our Sites, you agree to (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites. You may not include in your member profile any telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. 4. PROPRIETARY RIGHTS IN MATERIALS ON THE SITES Manga Pulp and/or its licensor's and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Materials") provided through the Sites. The Materials are derived in whole or in part from material supplied by Manga Pulp and its licensor's and suppliers, and are protected by U.K. and international copyright trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices in tact or as provided by Manga Pulp. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Manga Pulp's and its licensors' and suppliers' copyright, trademark and other proprietary rights. 5. SUBMITTED CONTENT. Manga Pulp reserves the right, but has no obligation, to (a) evaluate Submitted Content before allowing it to be posted on the Sites, and (b) monitor the Submitted Content posted on the Sites. You acknowledge and agree that Manga Pulp may, in its sole discretion, (y) review, edit, reject, refuse to post and/or delete any Submitted Content; and (z) disclose any Submitted Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Manga Pulp and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Sites' users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. Notwithstanding these rights, YOU REMAIN SOLELY RESPONSIBLE FOR THE SUBMITTED CONTENT THAT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES. 6. CREATIVE SUBMISSIONS / COMMUNICATIONS. Manga Pulp does not accept or consider creative ideas, suggestions or materials other than those Manga Pulp has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Manga Pulp or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed to be, and shall remain, the property of Manga Pulp. None of the Information shall be subject to any obligation of confidence on the part of Manga Pulp, and Manga Pulp shall not be liable for any use or disclosure of any Information. You hereby assign to Manga Pulp all right, title and interest in and to the Information, including all intellectual property rights now known or hereafter existing throughout the universe, and Manga Pulp shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. 7. RULES AND CONDUCT ON THE SITES. We expect users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section: a. You may not post or transmit Submitted Content (even if made in a joking, sarcastic or unintended manner) that: * is patently offensive to the online community, such as Submitted Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; This also means that you, and not Manga Pulp, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services or any other means. Manga Pulp does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Manga Pulp be liable in any way or form for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Manga Pulp does not pre-screen user or third party Content posted on Manga Pulp, except for certain areas where Manga Pulp employs certain automated screening software, although Manga Pulp reserves the right to do so. Manga Pulp does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Manga Pulp reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Manga Pulp. b. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Sites without Manga Pulp's prior written consent. c. You must use the Sites and Materials in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of users of the Sites by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. d. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other users. Although Manga Pulp cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior express consent. In order to protect our registered members from such advertising or solicitation, Manga Pulp reserves the right to restrict the number of messages or emails that a member may send through the Sites to other registered members in any 24-hour period to a number that Manga Pulp deems appropriate in its sole discretion. 8. Online Purchases. If you wish to purchase products or services described on the Sites, you will be asked by Manga Pulp or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Manga Pulp in the manner described in our Privacy Policy, which can be found here. You agree that all information that you provide to Manga Pulp or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes and shipping charges relating to your purchases. Descriptions or images of, or references to, products or services on the Site do not imply Manga Pulps endorsement of such products or services. Manga Pulp reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Manga Pulps acceptance of any order. Price and availability of any product(s) is/are subject to change without notice. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. Manga Pulp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, acts or omissions of such advertisers or third parties on the Sites. 9. REGISTRAION AND PRIVACY. Certain Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Manga Pulp registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Manga Pulp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manga Pulp has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. 10. CONTESTS AND SWEEPSTAKES. Manga Pulp may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by Manga Pulp and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use. 11. HYPERLINKS. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by Manga Pulp or its subsidiaries and affiliates of the opinions or views expressed by these linked sites. Manga Pulp has no control over these linked sites, and is not responsible for the availability of such sites, and Manga Pulp does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such linked sites. YOU AGREE THAT YOUR USE OF LINKED WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. Manga Pulp welcomes links to the Sites. You may establish a link to the Sites, subject to the following express conditions: (a) the link from your site to the Sites does not state or imply any sponsorship or endorsement of your site by Manga Pulp, its affiliates, or any company, group or individual affiliated with Manga Pulp; (b) you may not reproduce or otherwise commercially exploit any Site or any intellectual property contained therein in any manner or medium whatsoever, nor may you allow or authorize others to do so; (c) your site may not include, advertise or be associated with any of the following items: (i) "adult" or sex related items; (ii) tobacco products; (iii) alcoholic beverages; (iv) firearms, fireworks, ammunition and other weapons; (v) legal or illegal gambling; (vi) illegal drugs; (vii) unlawful, harassing, defamatory, libellous, abusive, threatening, harmful, vulgar or obscene communications; (viii) computer worm, virus, hacking or spam; or (ix) any unlawful activity; (d) you do not use on your site any Trademarks or Materials appearing on the Sites, including but not limited to any logos or characters, without our prior express written consent or the consent of any third party owner of such Trademarks or Materials; and (e) you may not frame or otherwise incorporate into another website any of the Materials on the Sites without our prior express written consent. 12. Blog Pages. You are welcome to transmit or submit comments or email messages (collectively Messages) to our blog pages or other locations designated by us for such use (collectively "Blog Pages"). However, your submission is subject to the terms below and MANGA PULP accepts no responsibility whatsoever in connection with or arising from such Messages, or any Messages posted by its employees. MANGA PULP does not endorse and has no control over the content of Messages submitted by others to Blog Pages. Messages submitted to Blog Pages, even if posted by MANGA PULP employees, are not necessarily reviewed by MANGA PULP prior to submitting or posting and do not necessarily reflect the opinions or policies of MANGA PULP. MANGA PULP makes no warranties, express or implied, as to the content of the Messages in the Blog Pages or the accuracy and reliability of any Messages and other materials in the Blog Pages. You are solely responsible for the content of any Messages you submit to Blog Pages or to this Site. Please choose carefully the information you submit on this Site and that you provide. MANGA PULP assumes no responsibility for actively monitoring Blog Pages for inappropriate Messages. If at any time MANGA PULP chooses, in its sole discretion, to monitor the Blog Pages, MANGA PULP nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the person submitting any Message. In submitting Messages to Blog Pages, you agree to strictly limit yourself to discussions about the subject matter for which the Blog Pages are intended. You agree that MANGA PULP accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person. In addition, children under the age of 13 are not authorized to submit Messages or participate in Blog Pages on this Site, without parental permission. The following is a partial list of the content that you are prohibited from submitting to Blog Pages or elsewhere on this Site. You agree that you will not submit Messages to Blog Pages or to this Site that: * disclose personally identifiable information, such as your full name, email address, telephone number or street address; Despite these prohibitions on the content of Messages, information provided by other Persons may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MANGA PULP assumes no responsibility or liability for this material. If you become aware of misuse of the Blog Pages by any person, please contact us. MANGA PULP reserves the right, in its sole discretion, to reject, refuse to submit or remove any submitting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Blog Pages at any time, for any or no reason, with or without prior notice, and without liability. You agree to release MANGA PULP, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Blog Pages. If at any time you are not happy with the Blog Pages or object to any material within Blog Pages, your sole remedy is to cease using them. You agree that any Message whatsoever submitted by you becomes the property of MANGA PULP and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as MANGA PULP sees fit. By submitting your message, you agree that Manga Pulp, its affiliated companies, and their successors and licensees will have the unlimited right, without charge and for no consideration, to use any portion of your message (and your first name and city if you've submitted same) in all media now known or hereafter created worldwide and in perpetuity in connection with marketing, commercial use, advertising, promotion and publicity related to the business of MANGA PULP. 13. Copyrights and Copyright Agent. Manga Pulp respects the rights of all copyright holders and in this regard, Manga Pulp has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, members and account holders who infringe the rights of copyright holders. If you believe in good faith that materials hosted by the Manga Pulp infringe your copyright under U.K. law, please provide Manga Pulp's Copyright Agent the following information required: * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Notices with respect to the Sites should be sent to: Online Manager (Legal Matter) You may also contact us by email. 14. ACCESS BY MINORS. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of America Links Up (http://www.netparents.org/parentstips/browers.html). 15. USER DISPUTES. You are solely responsible for your interactions with other users. Manga Pulp reserves the right, but has no obligation to monitor communications and any disputes between you and other users. 16. DISCLAIMERS AND LIMITATION ON LIABILITY. Your use and browsing of the Sites is at your risk. If you are dissatisfied with anything contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER Manga Pulp NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ANGA PULP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MAXIMUM LIABILITY TO Manga Pulp FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 17. APPLICABLE LAW DISPUTES. These Terms of Use, and any and all disputes, issues, controversies or matters arising here from or related hereto or otherwise arising from or related to the Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the United Kingdom, without giving effect to its choice of law or conflict of law provisions. You agree that the London, England, United Kingdom Courts will be the exclusive forum for the resolution of any and all disputes, issues, controversies or matters arising here from or related hereto or otherwise arising from or related to the Sites, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in London, England, United Kingdom and service of process by certified mail. 18. Indemnification. You agree to indemnify, defend and hold harmless, Manga Pulp, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) your use of, or activities in connection with, the Site, or (b) any violation of these Terms of Use by you. Manga Pulp reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Manga Pulp in asserting any available defenes. 19. Termination. These Terms of Use shall remain effective until terminated in accordance with their provisions. Manga Pulp reserves the right to immediately terminate these Terms of Use, and/or your access to and use of the Sites or any portion thereof, at any time and for any reason, with or without cause, including without limitation, if Manga Pulp believes, in its sole discretion, that you have violated or acted inconsistently with these Terms of Use. Upon such termination, your right to use the Sites shall immediately cease, and you shall destroy all Materials obtained from the Sites and all copies thereof, whether made under these Terms of Use or otherwise. 20. Other. These Terms of Use contains the entire agreement between you and Manga Pulp regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision or portion of a provision of these Terms of Use is held invalid, the remainder of this agreement and, if applicable, the affected provision shall continue in full force and effect. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. Lisimba Pink is the Creator, Author and sole owner of Manga Pulp. Manga Pulp is Copyright © Lisimba Pink 2008. The right of Lisimba Pink to be identified as the author and owner of this website and all intellectual property relating to Manga Pulp.
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