Welcome to GoBoiano!
1. Your Acceptance.
The Terms of Service regulate your access to and use the services on GoBoiano (The “Site, We, or Us) that allows users to participate on an anime social network (The “Service”) dedicated to connecting anime fans around the world. We advice that you (The User) precisely read the terms (Terms of Service) to receive an accurate understanding of how GoBoiano is operated. The Terms of Service is a legal agreement between you and GoBoiano and applies to members and non-members of the site. The Terms of Service regulate GoBoiano’s obligations to you, bestow certain rights to us, and permits us to change, suspend or terminate your access to use our services. If you do not agree to any of the terms or any of the GoBoiano policies, please do not use the Services.
The Service may contain links to third party websites that are not owned or controlled by GoBoiano. GoBoiano has no control or responsibility over the content, policies and practices of any third party websites. GoBoiano will not and cannot censor or edit the content of any third party websites. By using the Service, you distinctly relieve GoBoiano from any and all liability arising from your use of any third party website.
We at GoBoiano encourage that you be cautious when navigating from the Service into third party websites and read the terms, conditions and policies of each website that you visit.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 13 years of age, then please do not use the Service. There are a lot of other great web sites on the Internet made just for you. We recommend talking to your parents to find out more about websites more appropriate for your age group.
2. GoBoiano Accounts
In order to access certain features of the Site and Services, as well as posting content on the Site or the Services, you must create a GoBoiano account. In order to become a GoBoiano member, you must be at least 13 years of age. GoBoiano does not willingly collect the information of users under the age of 13. Please refer to our privacy policy for more information regarding users under the age of 13 that are engaged in using the Services.
You may never use another’s account without permission. When creating your GoBoiano account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GoBoiano immediately of any breach of security or unauthorized use of your account. GoBoiano will not be liable for your losses caused by any unauthorized use of your account, however you may be liable for the losses of GoBoiano or others due to such unauthorized use.
GoBoiano provides the users the right to change their usernames for any reason at any time. You solely are responsible for protecting and maintaining the confidentiality of your username, password, and GoBoiano account information. You agree that you are solely responsible for any and all activities and actions that occur under your GoBoiano account, whether or not you have authorized such actions or activities. You agree to immediately notify GoBoiano of any unauthorized use of your username, password or GoBoiano account.
3. Your Privacy
We at GoBoiano care about the privacy of our Users. We are committed to protecting your privacy to insure your safety and secure experience. Please visit our privacy policy to learn more about your privacy when using the Site and Services.
4. Copyright Material
You will not use the Site or Services to offer, display, distribute, transmit, 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. Users that repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders will result in the termination of their GoBoiano account. Please refer to our GoBoiano Copyright Policy for more information pertaining to copyright material.
5. Account Termination
GoBoiano will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeatedly infringing, violating the terms, rules and/or regulations of GoBoiano. GoBoiano reserves the right to decide whether a user violates the Terms of Service for any reasons other than misconduct against the GoBoiano Policies.
6. Your Content and Performance
As a GoBoiano member, you are authorized to submit Content to the Services, including but not limited to user comments, photos, videos, and series reviews. By agreeing to the terms, you are clarifying that you understand that GoBoiano does not guarantee any confidentiality with respect to any Content you submit.
You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You further agree that Content you submit to the Service will not contain third party copyright material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material on GoBoiano.
GoBoiano does not support any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and GoBoiano expressly disclaims any and all liability in connection with Content. GoBoiano does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and GoBoiano will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GoBoiano reserves the right to remove Content without prior notice.
7. User Comments and Responses
Users of GoBoiano have the option of creating comments on various types of Content within the Site and Services (“User Content”). We strongly recommend that you discreetly leave your comments and responses within GoBoiano. Once your comments have been finalized, we recommend that you review over the response thoroughly to avoid posting anything that would violate the Terms of Service and Regulations of GoBoiano. Once your comment is submitted to GoBoiano, you will not be able to go back and edit your comment. You solely are responsible for the comments that you submit to GoBoiano and should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be slanderous.
GoBoiano reserves the right, in its sole discretion, to remove any comments that are considered inappropriate, slanderous, or violates the Terms in any way, shape or form. GoBoiano may, but is not obligated to, monitor or censor comments posted on the Site and Services.
8. Links
The service may contain links to third- party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GoBoiano of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We recommend reviewing the third-party website policies to ensure your safety and protection.
9. Proprietary Rights
Apart from your User Content, the Service and all all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of GoBoiano and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GoBoiano under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, GoBoiano does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
10. Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. GOBOIANO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GOBOIANO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, GOBOIANO 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.
11. Limited Liability
UNDER NO CIRCUMSTANCES OR EVENTS, SHALL GOBOIANO, IT’S AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE TO YOU FOR ANY REASON DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THE TERMS, YOU ARE ACKNOWLEDGING THAT GOBOIANO SHALL NOT BE LIABLE FOR CONTENT OR THE SLANDEROUS, LIBELIOUS, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OR HARM OR DAMAGE FROM THE FOREGOING REST WITH YOU.
The Service is governed and offered by GoBoiano from its corporate facility located within the United States of America. GoBoiano makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
The extent permitted by applicable law, you agree to defend, indemnify and hold harmless GoBoiano, and its managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoBoiano without restriction.
14. General
You agree that: (i) the Service shall be deemed solely based in Georgia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GoBoiano, either specific or general, in jurisdictions other than Georgia. These Terms of Service shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in Atlanta, Georgia shall decide any claim or dispute between you and YouTube that arises in whole or in part from the Service. These Terms of Service, together with the GoBoiano Privacy Policy and any other legal notices published by GoBoiano on the Service, shall constitute the entire agreement between you and GoBoiano concerning the Service. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GoBoiano’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GoBoiano reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GOBOIANO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Inquiry
If you require additional information or have any questions and/or concerns about the Terms or GoBoiano policies, you can contact us at contact@goboiano.com and we will respond back as swiftly as possible.
Effective: February 2012
