- GENERAL RULES AND DEFINITIONS
1.1 This Membership Agreement, which includes the Operating Rules, constitutes member("the Member")'s agreement with HOLLYWOOD SAIZENSEN CYBER CLUB, an Internet service("the Service") of DEN Publishing, Inc., a California corporation("DEN") with respect to Member's use of this service. Member must agree to abide by all of the terms and conditions contained in the Membership Agreement in order to become or remain an authorized Member of the Service.
1.2 To indicate agreement with the terms and conditions of this Membership Agreement, Member must click the "Submit (Jikkou)" button at the end of Cyber Club Application Form". You will not be allowed to register before clicking that button. Feel free to read and reread the Membership Agreement as often as you want before clicking the "Submit" button. If you do not wish to agree to these terms and conditions, click the radio button on the first paragraph of Application Form. DEN reserves the right, at its discretion, to change, modify, add or remove portions of this Membership Agreement at any time. Notification of changes in service will be posted on the Service, sent via email or sent via postal mail. Occasionally HOLLYWOOD SAIZENSEN CYBER CLUB may ask you to accept the terms of such changes to continue using the service.
1.3 IF THE MEMBERSHIP AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO MEMBER, OR CAUSE MEMBER TO NO LONGER BE IN COMPLIANCE WITH THE MEMBERSHIP AGREEMENT, MEMBER MAY CANCEL MEMBERSHIP (SEE SECTION 9 REGARDING TERMINATION OF SERVICE). MEMBER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY MEMBER OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 HOLLYWOOD SAIZENSEN CYBER CLUB may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. HOLLYWOOD SAIZENSEN CYBER CLUB may also impose limits on certain features and services or restrict Member access to parts or all of the Service without notice or liability.
- HOLLYWOOD SAIZENSEN CONTENT AND MEMBER SUBMISSIONS
2.1 The contents of the HOLLYWOOD SAIZENSEN CYBER CLUB Internet service are intended for the personal, noncommercial use of its registered Members. All materials published on HOLLYWOOD SAIZENSEN CYBER CLUB including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content" are protected by copyright and other intellectual property laws, and are owned or controlled by Hollywood Saizensen or the party credited as the provider of the content, software or other materials. Member shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
2.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Membership Agreement, Member may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce except as provided in this section of the Membership Agreement, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
2.3 Member may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that Member maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
- FORUMS AND DISCUSSIONS
3.1 Member shall not upload to, or distribute or otherwise publish through the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Hollywood Saizensen does not endorse the opinions placed on these bulletin boards. Member acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Hollywood Saizensen. In addition, Member warrants that all moral rights in any uploaded materials have been waived.
3.2 The Forums shall be used only in a noncommercial manner. Member shall not, without the express approval of Hollywood Saizensen, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3.3 While Hollywood Saizensen does not and cannot review every message posted by Members in the Forums and is not responsible for any content of these messages, Hollywood Saizensen reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law, including trademark and copyright law, or this Membership Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Members shall remain solely responsible for the content of their messages.
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 HOLLYWOOD SAIZENSEN CYBER CLUB contains links to other related World Wide Web Internet sites, resources and sponsors of Hollywood Saizensen. Selection of an ad banner or link redirects Member off of HOLLYWOOD SAIZENSEN CYBER CLUB to a third party. Transactions that occur between the member and the third party are strictly between the Member and the third party and are not the responsibility of Hollywood Saizensen. Because Hollywood Saizensen is not responsible for the availability of these outside resources or their contents, Member should direct any concerns regarding any external link to its site administrator or Webmaster.
- REPRESENTATIONS AND WARRANTIES
5.1 Member represents, warrants and covenants (a) that no materials of any kind submitted through Member's account or Hollywood Saizensen's use thereof in accordance with the terms and conditions of this Membership Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that Member is at least 16 yars old. Member hereby indemnifies, defends and holds Hollywood Saizensen and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Member or any User of Member's account of the Membership Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Member shall cooperate as fully as reasonably required in the defense of any claim. Hollywood Saizensen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member.
5.2 Hollywood Saizensen neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any Member, information provider or any other person or entity. HOLLYWOOD SAIZENSEN CYBER CLUB, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY HOLLYWOOD SAIZENSEN OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED "AS IS." HOLLYWOOD SAIZENSEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. HOLLYWOOD SAIZENSEN SHALL NOT BE RESPONSIBLE TO THE MEMBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY HOLLYWOOD SAIZENSEN OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF HOLLYWOOD SAIZENSEN HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 Member hereby acknowledges that use of the Service is at Member's sole risk.
- REGISTRATION AND SECURITY
6.1 As part of the registration process, Member will select a password and Member name ("User Name"). Member shall provide HOLLYWOOD SAIZENSEN CYBER CLUB with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Member's account.Member may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Member without authorization; or (iii) use a screen name that Hollywood Saizensen, in its sole discretion, deems offensive.
6.2 (a) Member shall notify Hollywood Saizensen of any known or suspected unauthorized use(s) of Member's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Member's password or credit card information. (b) Member shall be solely responsible for maintaining the confidentiality of Member's password. Member will never be required to reveal Member's password to any representative or agent of Hollywood Saizensen, its owners or agents.
6.3 Each Member is responsible for all usage or activity on HOLLYWOOD SAIZENSEN CYBER CLUB account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Member's account, at Hollywood Saizensen's sole discretion, and Member may be referred to appropriate law enforcement agencies.
- FEES AND PAYMENTS
7.1 Hollywood Saizensen reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that Hollywood Saizensen so elects, it shall post notice in the Service Information Area. Member shall pay all fees and charges incurred through Member's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Hollywood Saizensen or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Member. Member shall pay all applicable taxes relating to use of the Service through Member's account. Member's right to use the Service is subject to any limits established by Hollywood Saizensen in its sole discretion.
7.2 Member understands that all Memberships renew automatically at the end of their membership period until the Member requests a cancellation (See section 9. Termination).
- SOFTWARE LICENSES
8.1 Member shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Member to access the Service ("Access Software"). Member may not sublicense, assign or transfer any licenses granted by Hollywood Saizensen, and any attempt at such sublicense, assignment or transfer is void. Member may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
- TERMINATION
9.1 Member may terminate Member's account at any time by requesting an order cancellation by mail or email. Mail must be sent to official address indicated at section 10.2 and email must be sent to admin@cybersaizensen.com, and the subject line should read "membership cancellation request." Upon termination via mail or email, Member will receive confirmation via email that the request was processed, and Member's access will be suspended within 48 hours. Member is responsible for all charges incurred up to the time the account is deactivated.
9.2 Hollywood Saizensen may, in its sole discretion, terminate or suspend Member's access to all or part of the Service for any reason, including, without limitation, breach of the Membership Agreement, or assignment of the Membership Agreement by Member.
9.3 Members of the HOLLYWOOD SAIZENSEN CYBER CLUB acknowledge that site administrators have the right to terminate membership without notice for any user who restricts, inhibits or disrupts any Club event or attempts to alter or improperly access any feature or function of the site. A user's membership may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any HOLLYWOOD SAIZENSEN CYBER CLUB member or DEN employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of HOLLYWOOD SAIZENSEN CYBER CLUB activities; posts unsolicited advertising; or improperly impersonates a DEN employee or other individual.
- MISCELLANEOUS
10.1 This Membership Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles.
10.2 Official correspondence must be sent via postal mail to:
DEN Publishing, Inc.
Hollywood Saizensen
9107 Wilshire Blvd., Suite 500
Beverly Hills, CA 90210 U.S.A.
10.3 Member consents to the jurisdiction of California State and Federal Courts.
10.4 This English-language version of the Agreement shall be construed as the original Agreement. In witness of the understanding of the contents of the original Agreement, Member who excute the Japanese-language version of this agreement thereto shall also execute this English version of the Agreement simultaneously. In the event a difference in interpretation occurs between these two different versions, the English version shall be taken as the basis for the Agreement.
- ACCEPTANCE
11.1 You hereby acknowledge that you have read and understand the foregoing Membership Agreement and agree to be bound by its terms and conditions.
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