1. Your Acceptance
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.
3. 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.com. MyDramaList.com 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.com will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve MyDramaList.com 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.com
4. Website Access/Users Who Violate Terms of Service
a. 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.com 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.com is licensed under a Creative Commons Attribution Non-Commercial No Derivatives license. Outside of MyDramaList.com, 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.com.
b. MyDramaList.com 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.
5. Restrictions on Use of the Website
In your use of the Website, you shall not:
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- impersonate or misrepresent your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website; or
- use the Website to advertise or perform any commercial solicitation.
MyDramaList will fully cooperate with any law enforcement authorities or court order requesting or directing MyDramaList to disclose the identity of anyone violating these Terms of Service.
MyDramaList believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post or transmit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Website.
6. Intellectual Property (Trademarks & Copyrights)MyDramaList.com, the MyDramaList.com logo and the MyDramaList.com design, may not be used without express written permission from MyDramaList.com, other than for attribution. All other trademarks not owned by MyDramaList.com that appear on MyDramaList.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyDramaList.com. MyDramaList.com-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.com and its licensers and protected by United States and international copyright laws. Except as set out in these MyDramaList.com Terms, no reproduction of any MyDramaList.com-originated content is permitted without written permission from MyDramaList.com. 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.
7. User Reviews, Recommendations, Comments, and other Material
Your Posts: As part of the MyDramaList.com 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.com 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.com 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.com 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.com will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that MyDramaList.com does not guarantee any confidentiality with respect to any User Material.
Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. MyDramaList.com does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of MyDramaList.com. 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.com 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.com with respect to such User Material.
MyDramaList takes no responsibility for advertisements or any third party material posted on MyDramaList.com, 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.com is not liable for any loss or claim that you may have against an advertiser.
9. 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.