Terms of Use
Last updated as of February 23, 2022
This website at ANIJURAMA.COM (“Site”) is owned and operated by Anijurama, a BGB Gesellschaft (sometimes referred to below as “We”, “Us” or “Our”.) These Terms of Use (“Terms”) set forth the terms and conditions under which you may use our Site and services (“Services”) as offered by us. This Site offers visitors (“Visitors” and sometimes referred to as “You” or “Your”) creative content, music, videos, photographs, animation, artwork, thoughts, and musings, all pondered, created, and inspired by the musical group ANIJURAMA, and its individual members. By accessing or using the Site (even by browsing)– you agree to be bound by these Terms (in addition to any supplemental terms applicable to any particular features, content, and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms), our Privacy Policy, all applicable laws and all conditions or policies referenced here. We may amend the Terms at any time by posting a revised version of the Terms on our Site and Services. Access to or continued use of the Site and Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
Promotional Emails and Content
By providing us with your email address, you agree to receive from time-to-time promotional messages, newsletters, updates, and promotional materials from us by email. We will not share your email address to any third-party. If you don't want to receive such promotional messages, newsletters, materials, or notices – please notify us at any time at unsubscribe@anijurama.com.
Visitor Conduct
Visitors are not permitted to take any action which would or could potentially undermine, limit, diminish, or restrict access and/or undermine performance of the Site, or to use the Site in any way which is unlawful, illegal, or otherwise inappropriate. You are not permitted to breach any intellectual property rights found on the Site, including copyright, trademark, trade dress, good will or other intellectual property rights, whether such rights are owned by Anijurama, its individual members, or any third party.
Intellectual Property Rights
All content contained in the Site, including music, audio, video, artwork, text and photography are protected by copyright and international laws. You may only access and use the content for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the content (or authorize others to) for commercial gain, unless authorized by the appropriate copyright owner(s).
All content on the the Site is either owned by Anijurama or made available to Anijurama under license or consent.
License To Visitors
We grant each Visitor a limited, non-exclusive, non-transferable, revocable license to use the Services, subject to the Visitor's eligibility and continued compliance with the Terms. Permissions granted by us may be revoked at any time, without advance notice, and with the sole discretion of us.
Third-Party Websites, Advertisers, or Services
The Site and Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by us. Access to or use of third-party sites or services are at each Visitor's own risk. Except as otherwise expressly provided herein, we are not responsible for any loss or damage of any sort relating to Visitor dealings with these third-party sites or services. We encourage Visitors to be aware of when they leave the Site and Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit. We are not a party to such third-party agreements; they are solely between the Visitor and the third party.
Security
Given the nature of the internet, we cannot guarantee that any electronic communication sent by you to us will not be intercepted or changed or that they will reach the intended recipient. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third-parties, or acts or missions beyond our reasonable control.
Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall we, Anijurama (or its individual members), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, we, Anijurama (or its individual members), assume 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 or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of the Terms, for Visitors in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
Waiver And Release
For Visitors in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, New York residents must, as a condition of this agreement, waive the applicability of New York Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each Visitor hereby waives this section of the New York Civil Code and any similar provision in any law, regulation or code that has the same effect or intent as the foregoing release.
Assignment
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any Visitor, but may be assigned by us without restriction or consent.
Governing Law
Visitors agree that: (a) the Services shall be deemed solely based in Germany (the principal place of business and corporate headquarters of Anijurama); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Germany. These Terms are governed by the laws of Germany. You agree that any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the German courts.
Cooperation With Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Notification Procedures
Visitors agree that we may provide notifications to such Visitor via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Visitors may opt out of certain means of notification or to receive certain notifications.
Entire Agreement/Severability
The Terms, including any policies, agreements, terms, or laws referenced herein, are the entire agreement between each Visitor and us regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No failure or delay on the part of us in exercising any provision, right, or remedy provided in the Terms shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such provision, right, or remedy preclude any other or further exercise thereof or the exercise of any other provision, right, or remedy provided herein or at law or in equity. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms
Changes To Terms
We may alter the Terms at any time, so please review them frequently. If a material change is made, we may notify Visitors in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.
Contact
Leon Schmelzle
Paul Heidelbach Straße 14
34134 Kassel
Germany