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SubDESU-H Terms of Service

SubDESU, LLC. ("SubDESU-H") provides our website accessible at SubDESU-H.net (the "Site") through which users can participate in an online community dedicated to enjoying anime and media in all forms (the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and SubDESU-H and apply to you whether you are a SubDESU-H Member (defined below) or a visitor just browsing the Site (collectively, "SubDESU-H Users"). These Terms of Use limit SubDESU-H's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, SERVICES OR YOUR SubDESU-H ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE OR VIA THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

Eligibility and Registration.

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you will have to create a SubDESU-H account and become a "SubDESU-H Member". To become a SubDESU-H Member you must be at least 18 years of age and only SubDESU-H Members that are at least 18 years of age may generate and submit Translated Content (defined below) or run a Promotion via the Site or Services (as further described in Section 9 below).

When you register with SubDESU-H and set up your SubDESU-H account, you must provide SubDESU-H with accurate and complete information. You agree to promptly update your SubDESU-H account information with any new information that may affect the operation of your SubDESU-H account. You authorize SubDESU-H, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your SubDESU-H account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from SubDESU-H Users.

You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. SubDESU-H reserves the right to require you to change your username for any reason and may do so at anytime.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding SubDESU-H account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your SubDESU-H account, whether or not you have authorized such activities or actions. You agree to immediately notify SubDESU-H of any unauthorized use of your username, password or SubDESU-H account.

Access to Certain Content: Fees and Billing.

SubDESU-H Members may be able to access and/or purchase certain premium content ("Premium Content") through the Site or Services in a few different ways including: (i) SubDESU-H Members can pay a monthly subscription fee to view certain Premium Content for the applicable time period ("Subscription Fee"); or (ii) SubDESU-H Members can pay a one time fee to download certain Premium Content for unlimited viewing ("Download Fee"). Fees are refundable in SubDESU-H's sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).

You hereby authorize SubDESU-H to collect fees by charging the credit card you provide to us as part of your SubDESU-H account information, either directly or indirectly via a third party online payment service, such as PayPal.

Proprietary Rights and Licenses.

(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:

"SubDESU-H Content" means, collectively, the text, data, graphics, images, SubDESU-H trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.

"Licensed Content" means any content (including any audio or video content) provided to SubDESU-H by its third party content partners (which may include Premium Content or "download to own" content) made available through the Site and Services.

"User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which SubDESU-H Members post, upload and otherwise submit to the Site or Services, including, without limitation, in their profile page, excluding Translated Content.

(b) User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to SubDESU-H a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and SubDESU-H's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SubDESU-H. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 4 below.

You acknowledge and agree that SubDESU-H may, at its option, reclassify or recatergorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on SubDESU-H's servers. SubDESU-H will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.

(c) SubDESU-H Content.

(i) SubDESU-H and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, SubDESU-H Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, SubDESU-H Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, SubDESU-H Content or any other content made available through the Site or Services (other than your User Submissions).

(ii) Subject to Section 3(c)(i), from time to time, SubDESU-H may permit SubDESU-H Members to create translations of certain Licensed Content ("Translated Content" subject to the underlying rights of our third party content providers. Any activity in this regard will be governed by additional terms and conditions ("Translation Terms") that will be provided to SubDESU-H Members in advance of their having access to any Licensed Content for this limited purpose. Any Translation Terms will form part of these Term of Use and be subject to the terms and conditions contained herein. To the extent that there are any conflicts or inconsistencies between these Terms of Use and the Translation Terms, the provisions of the Translation Terms will govern and control.

(d) Reminder Regarding Premium Content. For the avoidance of doubt with respect to any Premium Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Premium Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.

(e) Disclaimer. SubDESU-H does not guarantee that any content (including without limitation SubDESU-H Content, User Submissions or Translated Content) will be made available through the Site or Services, continuously or at all. WHILE SubDESU-H IS UNDER NO OBLIGATION TO DO SO, SubDESU-H RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON SubDESU-H DEEMS SUFFICIENT. SubDESU-H does not have any obligation to monitor the User Submissions or Translated Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or Translated Content or anything said, depicted or written by SubDESU-H Members, including, without limitation, any information obtained by using the Site or Services. SubDESU-H does not endorse any User Submissions or Translated Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SubDESU-H with respect thereto.

Copyrighted Materials: No Infringing Use.

You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SubDESU-H has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the SubDESU-H Copyright and IP Policy for further information.

Termination or Suspension of the Site or Services & Modification of these Terms of Use.

SubDESU-H reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after SubDESU-H has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

Without limiting other remedies, SubDESU-H may at any time suspend or terminate your SubDESU-H account and refuse to provide access to the Site or Services. In addition, SubDESU-H may notify authorities or take any actions it deems appropriate, without notice to you, if SubDESU-H suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by SubDESU-H; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, SubDESU-H Users, SubDESU-H or any other third parties or the Site or Services.

You may terminate your SubDESU-H account at any time and for any reason by selecting this option on your account information page. Upon any termination by a SubDESU-H Member, the related account will no longer be accessible.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. SubDESU-H will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER SUBMISSIONS OR TRANSLATED CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SubDESU-H will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to SubDESU-H under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Interactions between SubDESU-H Users.

You are solely responsible for your interactions (including any disputes) with other SubDESU-H Users. You understand that SubDESU-H does not in any way screen SubDESU-H Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other SubDESU-H Users. You agree to take reasonable precautions in all interactions with other SubDESU-H Users, particularly if you decide to meet a SubDESU-H Users offline, or in person. Your use of the Site, Services, SubDESU-H Content and any other content made available through the Site or Services is at your sole risk and discretion and SubDESU-H hereby disclaims any and all liability to you or any third party relating thereto. SubDESU-H reserves the right to contact SubDESU-H Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with SubDESU-H to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized SubDESU-H representatives access to any password-protected portions of your SubDESU-H account.

Obligations for SubDESU-H Users.

The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

Upload, post, submit or otherwise transmit: (i) any User Submissions or Translated Content to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions or Translated Content for which you do not have the consent or permission of each identifiable person in the User Submissions or Translated Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission or Translated Content) and such consent or permission is necessary; or (iii) any User Submissions or Translated Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

Upload, post, submit or otherwise transmit any User Submissions or Translated Content that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of SubDESU-H;

Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;

Use any meta tags or other hidden text or metadata utilizing a SubDESU-H trademark or logo, URL or product name;

Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

Upload, post, submit or otherwise transmit any User Submissions or Translated Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

Upload, post, submit or otherwise transmit any User Submissions or Translated Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions or Translated Content that is unrelated to the immediate, aesthetic nature of the User Submissions or Translated Content;

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of SubDESU-H's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

Attempt to probe, scan or test the vulnerability of any SubDESU-H system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SubDESU-H or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

Collect or store personal data about other SubDESU-H Users without their express permission;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

Use the Site or Services in any manner not permitted by these Terms of Use; or

Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

Ratings and Comments & Feedback.

Comments. You can rate and make comments about content made available through the Site or Services ("Comments"). SubDESU-H advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Site or Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. SubDESU-H may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, SubDESU-H does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Use.

Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at [email protected] or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of SubDESU-H and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to SubDESU-H together with all intellectual property rights therein.

Indemnification.

You agree to defend, indemnify and hold SubDESU-H and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, SubDESU-H Content, User Submissions or Translated Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services (including without limitation your User Submissions or any Translated Content) caused damage to a third party, including without limitation claims that your User Submissions or any Translated Content are infringing. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify SubDESU-H applies to your activities on the Site at any time.

Disclaimer.

THE SITE, SERVICES, SubDESU-H CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SubDESU-H EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, SubDESU-H CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SubDESU-H MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, SubDESU-H CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL SubDESU-H OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, SubDESU-H CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY SubDESU-H USER, ONLINE OR OFFLINE, WHETHER OR NOT SubDESU-H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SubDESU-H'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. SubDESU-H WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Force Majeure.

SubDESU-H will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to SubDESU-H infrastructure or connectivity to the internet or failure at an SubDESU-H co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, SubDESU-H will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that SubDESU-H may reasonably require to recover from the effects of such Force Majeure Event.

Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

Notice; Consent to Electronic Notice.

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by SubDESU-H via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to [email protected] or to such other addresses as SubDESU-H may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Links to other Websites.

The Site or Services may provide links to websites other than SubDESU-H.net. Such links are provided for reference only, and SubDESU-H neither controls such websites nor endorses any of the material on any such websites or any association with their operators. SubDESU-H is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

Miscellaneous.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of SubDESU-H and any prohibited assignment will be null and void. SubDESU-H may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and SubDESU-H's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SubDESU-H. These Terms of Use together with the rules and policies of SubDESU-H incorporated herein by reference constitute the entire agreement between SubDESU-H and you with respect to the subject matter of these Terms of Use.

Questions.

If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact SubDESU-H at [email protected] or by sending a written request to SubDESU, LLC. at [Dokter Boomstraat 68, Oostzaan, Noord-Holland1511VE, NL., Phone: (+3) 1633-108937].

Last Modified: 05/11/2014