JNC Nina Terms of Service

Last Modified: 2023-10-10

JNC Nina GmbH ("JNC Nina") provides our website accessible at jnc-nina.eu (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 JNC Nina and apply to you whether you are a JNC Nina Member (defined below) or a visitor just browsing the Site (collectively, "JNC Nina Users"). These Terms of Use limit JNC Nina'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 REGISTERING AN ACCOUNT, BY USING THE SITE, SERVICES OR YOUR JNC NINA 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 JNC Nina account. To obtain a JNC Nina account you must be at least 13 years of age.

When you register with JNC Nina and set up your JNC Nina account, you must provide JNC Nina with accurate and complete information. You agree to promptly update your JNC Nina account information with any new information that may affect the operation of your JNC Nina account. You authorize JNC Nina, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your JNC Nina account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from JNC Nina 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. JNC Nina 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 JNC Nina 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 JNC Nina account, whether or not you have authorized such activities or actions. You agree to immediately notify JNC Nina of any unauthorized use of your username, password or JNC Nina account.

Access to Certain Content: Fees and Billing.

JNC Nina 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) JNC Nina account holders can pay a monthly subscription fee to view certain Premium Content for the applicable time period ("Subscription Fee"), as well as access certain sections of the forums, and optionally obtain coins toward downloading certain Premium Content. Fees are refundable at JNC Nina'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 JNC Nina to collect fees by charging the payment method you provide to us as part of your JNC Nina account information, either directly or indirectly via a third party online payment service.

Proprietary Rights and Licenses.

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

"JNC Nina Content" means, collectively, the text, data, graphics, images, JNC Nina trademarks and logos and other content (including Licensed Content) made available through the Site and Services.

"Licensed Content" means any content provided to JNC Nina by its third party content partners (which may include Premium Content) made available through the Site and Services.

(i) JNC Nina and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, JNC Nina Content and any other content made available through the Site or Services contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, JNC Nina 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, JNC Nina Content or any other content made available through the Site or Services. All rights in JNC Nina Content are reserved.

(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 artwork embodied in the content.

(e) Disclaimer. JNC Nina does not guarantee that any content (including without limitation JNC Nina Content) will be made available through the Site or Services, continuously or at all. WHILE JNC NINA IS UNDER NO OBLIGATION TO DO SO, JNC NINA RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON JNC NINA DEEMS SUFFICIENT.

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.

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

JNC Nina 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 JNC Nina 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, JNC Nina may at any time suspend or terminate your JNC Nina account and refuse to provide access to the Site or Services. In addition, JNC Nina may notify authorities or take any actions it deems appropriate, without notice to you, if JNC Nina 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 JNC Nina; 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, JNC Nina Users, JNC Nina or any other third parties or the Site or Services.

Any suspension, termination or cancellation will not affect your obligations to JNC Nina 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 JNC Nina Users.

You are solely responsible for your interactions (including any disputes) with other JNC Nina Users. You understand that JNC Nina does not in any way screen JNC Nina 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 JNC Nina Users. You agree to take reasonable precautions in all interactions with other JNC Nina Users, particularly if you decide to meet a JNC Nina Users offline, or in person. Your use of the Site, Services, JNC Nina Content and any other content made available through the Site or Services is at your sole risk and discretion and JNC Nina hereby disclaims any and all liability to you or any third party relating thereto. JNC Nina reserves the right to contact JNC Nina 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 JNC Nina to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized JNC Nina representatives access to any password-protected portions of your JNC Nina account.

Obligations for JNC Nina 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 any 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 JNC Nina;

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

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 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;

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 JNC Nina'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 JNC Nina 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 JNC Nina which negatively impacts the Site's services;

Collect or store personal data about other JNC Nina 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.

Indemnification.

You agree to defend, indemnify and hold JNC Nina 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, JNC Nina 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 caused damage to a third party. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify JNC Nina applies to your activities on the Site at any time.

Disclaimer.

THE SITE, SERVICES, JNC NINA CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. JNC NINA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, JNC NINA 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, JNC NINA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, JNC NINA 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 JNC NINA 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, JNC NINA CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY JNC NINA USER, ONLINE OR OFFLINE, WHETHER OR NOT JNC NINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JNC NINA'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. JNC NINA 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.

JNC Nina 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 JNC Nina infrastructure or connectivity to the internet or failure at a JNC Nina co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, JNC Nina 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 JNC Nina 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.

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 JNC Nina via email (in each case to the address that you provide), a posting on the Site or to such other addresses as JNC Nina 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 jnc-nina.eu. Such links are provided for reference only, and JNC Nina neither controls such websites nor endorses any of the material on any such websites or any association with their operators. JNC Nina 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 JNC Nina and any prohibited assignment will be null and void. JNC Nina 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 Federal Republic of Germany 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 Germany 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 JNC Nina's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and JNC Nina. These Terms of Use together with the rules and policies of JNC Nina incorporated herein by reference constitute the entire agreement between JNC Nina 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 JNC Nina at [email protected].