PimpAnime.com is operated by a team of volunteers herein referred to as “The Company”. This agreement governs all services offered by the company and these services are referred to herein as “The Service(s)”. In this agreement any person who uses the services provided by the company are referred to as “The Customer(s)”. This agreement was last updated on September 3 2015. Legal communications for this website are handled by its host; the views of this site do not represent the host company in any way.
1. Content. The Company does not host content directly on its servers. It is a public listing of anime and related content. The Company’s staff are not responsible for content posted by other users or anime uploaded on its website. Videos that are on the site are hosted by a private person on a third party video hosting site like youtube.com. Inquiries regarding this should be sent via electronic mail to the email listed on the legal contact page.
2. Community Guidelines. The following is a list of guidelines created by The Company to ensure the safety and enjoyment of its customers. These guidelines apply to ALL services offered by The Company.
#1. No Spamming or using ALL CAPS in the chat.
#2. Please keep Role Play fighting to a minimum. General Role Playing is fine.
#3. Do not advertise competing anime sites.
#4. No offensive, racist, nationalist or obscene comments (including links)
#5. No Adult Content (that includes videos, pictures, and websites)
#6. Please only use English.
#7. Do NOT ask to be a moderator in the chatbox or in comments.
#8. Please keep the sex talk and drama to a minimum.
#9. Please DO NOT post spoilers; if you want to give someone information about an anime that’s not PUBLIC knowledge then please do it in PM. Posting blatant spoilers will result in a ban if after being warned not to do so you continue.
#10. Treat others how you would want to be treated (Staff included)
#11. If you are banned please appeal your ban via ticket. Contacting staff about it will only result in you being sent to do so.
#12. No power abuse. Any staff abusing power should be reported to a Senior Moderator or Administrator.
#13. Ignorance is not an excuse for violating the rules. If you violate the rules for not knowing them you WILL be banned!
#14. Use of spamming or cracking programs to gain moderator or admin will result in banishment from the site and other actions being taken by the administration if applicable.
#15. Rules may be interpreted differently by each staff member. Please contact an Administrator if you have questions or think that you’re being singled out or mistreated.
#16. Please be mindful of the videos you post in the chat and please ensure that you post a reasonable amount of videos if you post them. Please refer to rule 15 if you have questions about what is acceptable. If you have questions please ask the moderator on duty.
#17. Please only use live chat, ticket or phone for support. The Chatbox and comments are not to be used for support.
#18. Any user whom is deemed a threat to the community could be punished without notice. If this is abused please file an appeal.
Any reports of abuse of power will be investigated promptly by the administration. All persons involved will be interviewed and a full investigation will be conducted. Upon conclusion of the investigation the staff member will either receive a warning, be removed or no action will be taken. A note will be made on in company records of the past offense and taken into account when other issues involving the staff member occur. Rules are enforced by the Moderators, Senior Moderators, Administrators or Members of Company Staff as deemed needed. We reserve the right to ban, suspend, modify, delete or make any related additions, removals or changes of any account or any content in part or in full. IPs are logged. Issues or appeals to these rules must be provided to the company in the form of a trouble ticket by going to pimpanime’s contact page.
3. Law/Enforcement. The Customer agrees to use the service in compliance with applicable law and The Company’s Community Guidelines which is hereby incorporated by reference in this Agreement. The Customer agrees that The Company may, in its reasonable commercial judgment consistent with industry standards, amend the Community Guidelines from time to time to further detail or describe reasonable restrictions and conditions on the Customer’s use of the Services. Amendments to the Community Guidelines are effective immediately. The Company may, or may not notify the Customer of an amendment to the Community Guidelines. The Customer agrees to cooperate with The Company’s reasonable investigation of any suspected violation of the Community Guidelines. In the event of a dispute between The Company and the Customer regarding the interpretation of the Community Guidelines, The Company’s commercially reasonable interpretation of the Community Guidelines shall govern.
5. Customer Information. The Customer represents and warrants to The Company that the information he, she, or it has provided, and will provide to The Company for purposes of establishing and maintaining the service is accurate.
6. Indemnification. The Customer agrees to indemnify and hold harmless The Company, The Company’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer’s services in violation of applicable law or the Community Guidelines by the Customer or any person using the Customer’s log on information, regardless of whether such person has been authorized to use the services by the Customer.
7. Disclaimer of Warranties. The Company DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW The Company DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
8. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF The Company AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR THREE MONTHS OF SERVICE.
(a) Suspension of Service. The Customer agrees that The Company may suspend services to Customer without notice and without liability if: (i) The Company reasonably believes that the services are being used in violation of the Community Guidelines; (ii) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the Community Guidelines; (iii) The Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency or (v) for the protection of its employees or agents if customer threatens or otherwise makes an attempt to force the Company or its agents to perform some action notwithstanding upon this agreement. Customer shall pay The Company’s reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection. If Article five is enacted the customer may also be reported to law enforcement personnel as deemed necessary by the Company.
(b) Termination. The Agreement may be terminated by The Company for any reason with or without notice.
10. Requests for Customer Information. The Customer agrees that The Company may, without notice to The Customer, (i) report to the appropriate authorities any conduct by the Customer that The Company believes violates applicable law, and (ii) provide any information that it has about the Customer in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Notices. Notices to the Company under the Agreement shall be given via support ticket. Notices to the Customer shall be given via electronic mail to the individual listed as the account holder on file. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his, her or its notice address by a notice given in accordance with this Section by updating their account in the applicable portal or by emailing [email protected]
12. Force Majeure. The Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Company’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, “acts of god“, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
13. Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Oregon, exclusive of its choice of law principles, and the laws of United States, as applicable. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE SELECTED BY THE COMPANY, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
14. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. The Customer may not transfer the Agreement without The Company’s prior written consent. The Company may assign the Agreement in whole or in part.
16. Services to Children. Users under the age of 13 are not allowed to sign up for Company service(s). By agreeing to the Terms of Service, The Customer agrees that they are over the age of 13.
17. Severability. A portion of this agreement deemed to be unenforceable, or illegal, will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.