Don't be put off by the legalities, but please read these terms and conditions of use carefully before using this website. This user agreement is needed mostly to make sure that our good deed of putting all this great stuff on the net goes unpunished, and to emphasize that publication rights are not being given away. "Look but don't touch."
The goal is for you to enjoy viewing these treasures on the Asian DVD Club website, not to keep them locked away out of sight, but theft of content from this website will seriously anger our generous uploaders who have allowed their rare and valuable collections to be displayed here and will put our entire project in jeopardy, so please contact us when we can be of help, or if you have ideas about how to do this better, but please don't get mad at us for only being able to let you see these wonderful torrents until you obtain permission for other use as we attempt to deal as best we can with technological limitations, legal requirements, and our need to pay the bills to keep this site open, and don't send us a rant without first reading our rants page.
If you do not intend to be legally bound by these terms and conditions, please do not access or use this website. That said, let the contract begin...
(1) PARTICIPATION AND OBLIGATIONS / (2) PERMITTED USE / (3) CONFIDENTIAL INFORMATION / (4) LEGAL NOTICE OF INFRINGEMENT / (5) DISPUTE RESOLUTION / (6) PRIVACY AND SECURITY
On-line reference use only. Each access is by permission only. This private web site which is provided without warranty is for your immediate personal educational non-commercial internet viewing only. Application for permission required for all other use. Read this entire contract before using this website.
This End User License Agreement ("User Agreement") grants you, personally and individually, a non-transferable, non-exclusive, non-sublicensable, limited license, permitting access only for the use of immediately electronically displaying content retrieved from this website, a copyrighted publication entitled "Asian DVD Club - asiandvdclub.org," including but not limited to visual and documentary resources, using a web browser in real time to no more than one person at a time for personal, non-commercial, educational purposes, for reference use only, subject to the limitations set forth herein.
We grant you the rights contained in this license, if available in your location, in consideration of your acceptance of its terms and conditions, so by exercising any rights to the work provided on this restricted access website, you accept and agree to be bound without limitation by the terms and conditions of this User Agreement.
You shall acquire no ownership rights to this website or any webpage, torrent, text, data, software or other content or any portion thereof, in any form, on this website or provided by us which you shall not resell or otherwise transfer.
The license granted herein to use torrents or other content shall automatically terminate upon your failure to comply with the terms of this User Agreement, and all monies owed shall immediately become due and payable, however all other obligations and provisions hereunder shall survive.
All torrents are for private non-commercial educational viewing purposes only.
Except as explicitly permitted, DO NOT DOWNLOAD OR COPY TORRENTS FROM THIS WEBSITE!
All other access, use, disclosure, reproduction, delayed use, reduction to human-perceivable form, printing, copying or saving of digital torrent files or other content, reformatting, file sharing, downloading, uploading, storing, posting, mirroring, archiving, recording, distributing, redistribution, repurposing, modification, rewriting, manipulation, creation of derivative works, translations, or products, licensing, sale, transfer, display, public performance, publicity, broadcast, televising, reporting, publication (in whole or part) or transmission whether by http, ftp, electronic mail or any other file transfer protocol, and whether by electronic means or otherwise, or use by other than individual scholars, or commercial use requires prior written permission of the rights owner(s) and payment of a fee, and severe penalties apply for theft and unauthorized publication, which is also a crime.
Yes, we know that you think that all this legalities is completely ridiculous, and we think so too, but we also believe that current law unfortunately requires that it be done this way; So if you know of a better, simpler "legally correct" way, do tell us how!
Each User and other person(s) or entity(ies) entering into this agreement ("You") agree(s) to refrain from engaging in, or facilitating others in any such non-permitted access or use.
You agree to transfer and assign to Asian DVD Club, without additional consideration, any rights, ownership, or title which you may obtain to our name(s), trademark(s), torrent(s) or other content on this website, our intellectual property, or obtained from us or derived therefrom.
Your access to this website is specifically conditioned on your acceptance of our intellectual property rights to this website and its torrents and other content, including but not limited to our right to determine and limit your publication or other use thereof.
You further warrant that you will not access or use the Asian DVD Club - asiandvdclub.org website or any content, nor unauthorized copies thereof, or services thereof for any purpose in violation of these Terms and Conditions, and that all information that you provide to us will be truthful and accurate.
CLICK TO ACCEPT:
Any access to or use of this website or its Internet domain name(s) or IP address(es), torrent(s), or content, including but not limited to clicking (or the equivalent) on any link or torrent (other than to view this User Agreement web page), or sending the character string "I_ACCEPT_the_User_Agreement" to our web server as you must do to gain access to our torrents, or clicking on your send button to send us an e-mail, or the like, all indicate and signify that "I ACCEPT" this user agreement, and each such action indicates your intent to thereby attach your electronic signature to this agreement, and your unconditional acknowledgment and acceptance of and agreement to all of the terms and conditions herein without modification, and that this agreement shall take effect immediately; to indicate "I DECLINE" simply make no use and close all windows of this website.
Provided, however, that you may not view or otherwise make any access or use of this website whatsoever unless you (or your guardian or legal representative who agrees to this user agreement on your behalf) are capable of entering into a binding contract, nor in any jurisdiction where this user agreement would not be enforceable.
You agree that your use of this website is irrefutable acknowledgment by you that you have read, understood, and agreed to each and every term and provision of this User Agreement, including but not limited to the provisions hereof regarding donations and dispute resolution/arbitration, and that if and when you violate this User Agreement that you have received timely Legal Notice of Infringement.
If you are the owner or operator of equipment used to access this website or its content, or to communicate with us or our equipment, by allowing such use you thereby consent and agree to be bound by the terms and conditions of this User Agreement.
If you are acting as an employee and/or on behalf of an organization(s), you represent and warrant that you are authorized to act as agent and that you accept this user agreement both as an individual and as agent on behalf of your employer and organization(s).
You may access our content only directly through this website and not through any third party website, nor may you allow anyone access to the content on this website without visiting this website.
This website and all associated torrents, content, e-mail, or other intellectual property regardless of where located or how accessed and any media on which it may reside is only licensed as set forth herein, never sold, and is and shall become and remain the sole and exclusive property of https://asiandvdclub.org or the successor thereof which shall have the right to access to retrieve, remove, or modify.
You acknowledge and agree to the validity of the Asian DVD Club copyrights, trademarks and service marks, trade secrets, and other proprietary laws and rights both in the United States and internationally, and our claim of ownership of the intellectual property that comprises this website, its torrents and other content, and that Asian DVD Club has established significant rights and valuable good will therein.
You agree not to impair the title, rights and interest of Asian DVD Club in such marks and other intellectual property, including but limited to torrents and other content, names, pseudonyms, full name(s), shortened name(s), Internet domain name(s), and the acronym(s) of this website, and associated entities and author(s) thereof and their logo(s).
You agree not to make any claim to, apply to register, or register any such Asian DVD Club mark or any confusingly similar marks or other Asian DVD Club intellectual property.
All use of any and all Asian DVD Club marks and/or other intellectual property on or relating to this website or derived therefrom shall inure solely to the benefit of Asian DVD Club.
You stipulate, warrant and agree that you will not challenge or dispute our proprietary rights or the rights of content donors, including but not limited to as stated herein, to the intellectual or other property which comprises this website and its domain(s), server(s), trademark(s), pages, files, torrents, text, and other apparatus and content ("website"), nor challenge or dispute validity of our copyright or the originality of this website, including but not limited to the originality of each and every one of its torrents, and acknowledge that we prohibit access to all who do not so agree, and further stipulate, warrant and agree, notwithstanding any case law to the contrary, that your using or accessing this website including but not limited to one or more of its torrents, or allowing or facilitating others to do so, without such prior agreement and acceptance of our proprietary rights, or in any manner contrary to this User Agreement, or which makes this website or portion thereof, or the intellectual property, pages, torrents, text or other content therefrom available (or obtained from us) to those who have not accepted or are not bound by this User Agreement, or by otherwise circumventing this User Agreement or any legal or technological means that we have utilized in an attempt to limit access, copying, or use of this website or such property, violates this User Agreement and shall constitute actual harm to our property (not in limitation of the foregoing, to be construed as no less serious than by analogy tampering with and disabling the lock on a site or bank vault door or circumventing a copy protection mechanism so that the contents are are left unprotected), and shall constitute trespass, conversion, or a like tort, whether such tort be conventional, or unknown in the statutory and/or common law and so requiring definition or redefinition so as to apply in the context of this website and intellectual property, and whether such like tort be previously named, or unnamed.
Images and other content on this website are made available only under the terms and conditions set forth herein, any use shall inure to our benefit, and you agree not to take any action which would make such torrents or other content accessible to or available for unauthorized use by third parties who have not agreed to this User Agreement and to additionally compensate us for any loss resulting from such action and the consequences arising therefrom, including your payment of use fees and penalties for each such third party use resulting from your violation of this User Agreement.
COPYRIGHTS; NO RIGHTS CLEARANCE.
The contents of this website and related e-mail and of linked websites may be subject to additional restrictions including but not limited to copyright and other rights of other parties.
We neither warrant nor represent that your use of torrents or other content displayed on this website or otherwise available from us will not infringe the rights of third parties not owned by or affiliated with Asian DVD Club or this website.
Not all torrents are available for all uses.
Use of some materials may be restricted by the terms of gift or purchase agreements, donor restrictions, privacy and publicity rights, licensing and trademarks.
Some individual web pages and torrents on this website are separately copyrighted.
Written permission of the copyright owners is required for the transmission or reproduction of protected items as provided by U.S. Copyright Law (Title 17, U. S. C.) or by the copyright laws of other nations and the prohibition against unauthorized or unlawful reproduction shall include all United States domestic use as well as protections afforded under any international forum or law, including, but not limited to the General Agreement on Tariffs and Trade.
The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
Access to and use of this website and related content is limited to legal purposes and activities, and you are responsible for complying with all laws and regulations including but not limited to any applicable local laws in your locality, you agree that you will pay any and all taxes, including but not limited to any applicable sales or use taxes and provide us with written proof of payment upon request, and that any content licensed to you by us is only for use of content that you are authorized and legally permitted to use.
NFOs or other creative works, generally, are the physical property of collection holding them, while literary rights, including copyright, if any, may belong to the authors or their heirs and assigns.
Nothing herein shall be construed as conferring any license or right under any copyright, except as explicitly provided in the paragraph on permissions, below.
It may be difficult or even impossible to determine what copyright or other restrictions may apply to historical collections and archives and permission to publish does not constitute a copyright clearance.
There are also no model or other releases known to exist for torrents on this website.
Often the owners only hold the physical rights and/or the electronic rights, possibly non-exclusive, to torrents or other content in their collections, and in some instances the original content may be in the public domain and/or available elsewhere.
We regret that we are unable to provide legal advice regarding rights clearances or other legal matters and urge you to consult an intellectual property attorney if you have legal concerns.
Photo credits including but not limited to statements on this website or in our e-mail(s) that particular torrent(s) or other content is from or "Courtesy of [a named donor.]" are included only as a source credit and/or "thank you" for donations and should be considered by you when determining what rights clearances may be needed, but may be missing, incomplete, or erroneous and may not be relied upon to determine ownership for purposes of obtaining permissions and copyright clearances, nor may any donor give you permission to download any torrent or other content from this website, nor shall this website or Asian DVD Club become or be considered a party to any transaction you enter into with any third party, donor, or linked website.
Description of any third party product, service, or activity or a link thereto does not imply any determination regarding its quality, suitability, safety, or lawfulness, which is entirely your responsibility.
You stipulate and agree that unauthorized copying of one or more torrents or other content from this website in lieu of licensing a sufficient number of authorized copies where such work is available for license in the medium or format desired shall be conclusively presumed unfair, and, notwithstanding any case law to the contrary, you hereby waive the right to claim or assert that such unauthorized copying in lieu of licensing constitutes "fair use" and that any copyright registration granted to us by the United States shall be conclusively presumed to be a valid copyright of all of the content of this website and all portions thereof in all jurisdictions, and that such copyright shall apply to each torrent depicted on this website, and to variations of such torrents, including, but not limited to changes in the size, resolution, torrent format, or tangible form of expression.
We make no representations or warranties with respect to ownership of or copyrights, if any, in torrents or other content on this website or obtained from us, and do not represent others who may claim to be authors or owners of copyright or other rights thereto.
You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright and other use restrictions, intangible rights, or related interests, for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity, and libel.
You acknowledge that digital torrents on this website or obtained from us are our valuable property, that viewing of torrents and other website content is a valuable consideration, and agree that all provisions of this User Agreement including but not limited to use restrictions shall additionally apply on a contractual basis regardless of the copyright status of any torrent or other website content.
Asian DVD Club does not endorse external websites which should open in a new browser window.
This website may be hosted by Asian DVD Club on one or more web servers, each with their own domain name(s), and also has hyperlinks or references ("links") to other "third-party" external websites that are not part of the Asian DVD Club - asiandvdclub.org web site, and may include information regarding third party offers.
Asian DVD Club has not investigated or verified the legitimacy of such merchants, does not endorse, is not a party to, and takes no responsibility for third party offers whether on a linked website, published on this website, or found elsewhere, nor for the persons or entities operating such websites.
If you choose to do business with such third parties, which you agree is entirely at your own risk, we strongly urge you to check best prices, verify the merchant's reputation, and make payments only by credit card so that you will have the possibility of recourse by initiating a chargeback should the merchant prove dishonest, and you agree not to complain to us if you don't follow our advice and as a result have a problem.
All trademarks and brands are the property of their respective owners, and any use of third-party trademarks on this website is for nominative and/or descriptive purposes only, and does not imply any third-party affiliation, sponsorship, or endorsement.
You agree not to use any of our names, pseudonyms, domain names, or marks in any advertising, publicity, or in any other commercial manner without our prior written consent.
The Asian DVD Club - asiandvdclub.org web site's author, Asian DVD Club, copyright holder(s), other rights holders, licensor(s), and other parties that provide, operate, and/or license this website and its content (and their officers, directors, shareholders, representatives, agents, affiliates, employees, and servants), or the like ("we" or "us") have no control over or responsibility for other websites' content or availability, or for changes therein, nor for the accuracy of information published or submitted by others, including but not limited to offers made by third parties, and we are not affiliated with, sponsored or endorsed by any named or linked railroad, site, library, company, institution, organization, contributor, book author, publisher, seller, auction, website, or other third party, nor shall any information or link on this website be considered a listing of any item for sale or auction, nor shall any third party offer be considered an offer by us, nor shall the contents of any linked website be used for any purpose other than authorized display.
No relationship exists between this website and any linked third-party website or named third party, except as stated herein, and no inference or assumption should be made and no representation is implied that the Asian DVD Club - asiandvdclub.org site, Asian DVD Club or its affiliates in any manner operates, edits, or controls any third-party website nor such third-party website's services, products, or information.
Asian DVD Club - asiandvdclub.org, Asian DVD Club and its affiliates disclaim, do not endorse, are not a party to, and take no responsibility for third party offers, including but not limited to those which may appear on this or any linked website nor in any e-mail or other communication.
Links to other websites, credit lines, announcements about books and other products, services, or offers, and responses to e-mail inquiries, are provided solely as a convenience and at the discretion of Asian DVD Club, do not imply permission, membership, or affiliation, shall not in any way be construed as or constitute a description, accurate depiction, position regarding any issue in controversy, authentication, appraisal, sponsorship or endorsement of any product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website or third party submission included or described on this website are those of the respective author(s) or owners and not those of Asian DVD Club. Caveat Emptor.
By your following a link to other website, this site does not thereby modify, copy, or reproduce information on the third-party website, and all such data is sent directly from the linked website to your browser without any intervention.
The Uniform Resource Locator (URL) of the third-party website being linked can be seen in the lower left-hand corner of the screen by placing the mouse cursor over the link or otherwise determined by use of your browser, and also appears as the new location at the top of the screen (new browser window) after a link is followed, so there can be no confusion as to the source of linked material, and all trademarks and copyrights relating to all such third-party website(s) are owned and controlled by the third-party website(s) unless stated otherwise.
Any third-party owned intellectual property inadvertently included on this website without necessary permission or any link on this website to a third-party's website or intellectual property will be removed upon the copyright owner's documented request or software can be used by third-party websites to block undesired requests or links.
The Asian DVD Club domain's actual "Administrative Contact" (not the domain registrar's anti-spam "Whois Protection Service" shown in the internet Whois database) is the "designated agent" to which to report via e-mail alleged copyright infringements on this website under the Digital Millennium Copyright Act, P.L. 105-304 (or to send other legal notices) and such notification should identify in sufficient detail the allegedly infringed copyrighted work (please also specify your copyright registration number); provide sufficient information to allow us to identify and contact you; include the statements "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." and "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and include your signature.
By sending a communication directly or indirectly to Asian DVD Club notifying us of the availability of your product, service, or website, or by soliciting a link, you thereby grant us permission to link to your website and to include at our sole discretion your graphic(s) and/or logo or torrents derived therefrom on our website with the link(s).
For the sole purpose of enabling and/or increasing the speed of immediate personal educational non-commercial internet viewing of this website as it currently exists, and as authorized herein, it is permitted to cache and/or buffer transient digital copies of this website or portions thereof, provided that: (1) the cached and/or buffered copies expire and are automatically and permanently erased in 24 hours or less, are not further moved or copied except transiently into volatile memory from which they are promptly erased to enable immediate viewing by a web browser as permitted hereunder, are not archived or retained, and are not written to an off-line or non-erasable medium; (2) the domain name, URL/internet address, and the content and appearance of this website and this user agreement are not changed or abridged, and the operation of the website is not impaired; and, (3) all copyright, user agreement, and other proprietary notices are presented in full and without modification.
Asian DVD Club takes no position regarding the ownership or intellectual property rights or potential rights of any party by submitting a request or making application for permission to include torrents and/or other information in this website, nor by linking, nor by indicating credit for any contribution(s) to this website.
Links from other websites to are a welcome and permitted use of this website, however, by granting such permission, Asian DVD Club does not grant permission for links to individual torrent(s) ["inlined link(s)"] or to other elements or content of this website, nor to frame pages on this website within pages on other websites, nor to add advertisements or links to pages on this website.
A link from another website to this website grants Asian DVD Club permission for a reciprocal link including, at the option of Asian DVD Club, the linking website's logo, banner, or torrent derived therefrom, and permission, but not an obligation, in the event that such reciprocal link(s) becomes for any reason inoperative, for Asian DVD Club to mirror royalty free any internet content, or portion thereof, that would otherwise cause a broken link, or to use a third-party's mirror or archive thereof.
New users should first visit the Welcome page at . You may refer to this website only as the "Asian DVD Club - asiandvdclub.org", may refer to the author only as "Asian DVD Club", and may link only using the URL "Asian DVD Club", and no alteration of the website name, author, or URL is permitted, nor is it permitted to disclose or publish the name or other personally identifiable information regarding any person or legal entity, as author, contributor, or other affiliate with this website without explicit written permission.
Specifically, but not in limitation of the foregoing, indexing and/or linking to any URL at our website containing "/torrents/" and/or ".jpg" or ".jpeg" or ".gif" or ".tif" or ".tiff" in the internet address is specifically prohibited, except for use of logo torrents accompanying links to this website as specifically permitted, and you agree to follow the indexing rules specified in our robots.txt file, and to refrain from operating spider software in violation thereof.
When links, descriptions, or other references to this website, its content, and/or content obtained from this website are removed from another website, whether at your discretion or at our request, such removal shall be total and complete, leaving no trace or indication on the Internet or elsewhere of the removed content or link(s), with no remaining partially functioning or broken remaining code, nor broken link(s), nor archived copies, nor shall any statement, caption, link, or rant describing, containing, or referring to the removed link(s) and/or content or any related communications remain or be added.
You acknowledge and agree that the Asian DVD Club - asiandvdclub.org web site includes but is not limited to text, torrents, graphics, e-mails, or other material or content and any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed, and is confidential to Asian DVD Club and protected by proprietary rights and laws and that disclosure, including but not limited to copying, reproduction, and/or retransmission or other unauthorized use, or providing access to this website or its content to anyone who does not accept this User Agreement is strictly prohibited, and specifically, but not in limitation of the foregoing, you agree not to make disclosure of such confidential intellectual property and proprietary trade secret information on and comprising this website or portion(s) thereof to any third party who has not previously agreed to and is contractually bound to the terms and conditions of this User Agreement, and stipulate that such disclosure shall constitute contributory and vicarious infringement of our copyright and other rights hereunder.
Furthermore, but not in limitation of the foregoing, you stipulate and agree that the digital modifications, enhancements, and/or restorations of torrents shown on this website which visually distinguish such torrents from the original from which they were derived and/or from other originals or copies thereof are trade secrets of such detail and type that human memory cannot retain or duplicate, and that such modifications, enhancements, and/or restorations are not apparent from inspection of only the modified torrents, so that the human web viewing of such torrents as authorized herein does not make possible disclosure of such trade secret information, and such disclosure requires copying by mechanical, electrical, or digital means or the like which is only authorized by specific permission.
Additionally, any information concerning this website or its affiliates or the contributors to this website or their conclusions, views, and/or opinions which is not published on this website is also understood to be proprietary trade secret information and you agree not to disclose any such information which may come into your possession which is not published on this website and to also treat such information as confidential.
In particular, you agree not to disclose or publish any information regarding the identity, personally identifiable information, the collections, or the opinions on issues of controversy of anonymous or pseudonymous authors or donors, nor, without our permission, attempt to identify, locate, or contact them in any way, whether in person, by telephone, or otherwise, nor to violate their rights including but not limited to their rights of privacy and publicity.
You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of confidential or proprietary information, and agree not to use confidential or proprietary information for your own or any third party's benefit without our prior written approval, in each instance.When communicating with us, you shall not provide us with any materials, writing, torrent, information, content, attachment, or data that is confidential to you or any third party, and any notice, legend, or label to the contrary shall be without effect, and we shall be free to use anything that we receive from you in any manner that we deem appropriate.
In the event that you disagree with the content, opinions, or policies of this website or its author(s), your sole and exclusive remedy shall be to notify us by e-mail, and all changes or corrections, if any, shall be made at our sole discretion.
You agree not to take any action that will impose a disproportionately large or unreasonable load on our computer web server(s), network, or other infrastructure.
Please be mindful of the large amounts of data transfer needed to allow viewing of the Asian DVD Club - asiandvdclub.org web pages with multiple, large torrents, and avoid suddenly flooding the Asian DVD Club - asiandvdclub.org website with large numbers of unanticipated visitors.
Suddenly increased, excess web traffic on this website as a result of your actions, including but not limited to publicity, reporting, or recommendations to others regarding this website on network television or radio or national publications or media, of more than one gigabyte of additional Internet data transfer per month, shall be at your expense, and you agree to reimburse Asian DVD Club for the resulting costs at the rate of the then prevailing additional data transfer charge made by the Internet provider(s) hosting this website.
Access without permission by software robot, software program performing multiple, automated, successive requests, or other automated or high volume electronic process, is specifically prohibited.
Merchants identified or linked on this website operate independently from the Asian DVD Club - asiandvdclub.org site, and we do not endorse any merchant or assume responsibility for transactions conducted with them.
Due to scanning and digital restoration of torrents, the appearance of items may differ substantially from actual condition.
Writings converted to text by optical character recognition (OCR) or other transcription from the original are stored more compactly, display more quickly, are made available for computer searching of content, enable hypertext linking, and may have increased legibility, but will contain transcription errors that may not be apparent and may include changed numbers, missing or moved content, and altered words or spelling.
You may not rely upon the accuracy or timeliness of torrents, text, or other content of this website and agree to independently verify and compare with and utilize the original whenever a high level of accuracy is needed, nor should you attempt any act, event, or other information portrayed on this website.
Item descriptions may be based on unverified dealer, seller, or author representations.
The date "Last Updated" which appears on many pages on this website is an approximation which generally signifies the date of the last significant or major update, is not an automated file modification date, is for convenience only, and may not reflect technical, typographic, or minor additions, deletions, or corrections, nor changes performed by automated software made to multiple pages; consequently, if monitoring minor changes on a particular page is of interest, please use an automated notification service.
This educational website and its content, torrents, links, and related information is provided for informational purposes only.
The information supplied on this web site is general in nature and should not be relied upon to make decisions, investments, or purchases.
This website or other information or opinion obtained from us may not be used to authenticate or determine the value of collectibles, and does not constitute an offer to sell, or the solicitation of an offer to buy any securities or collectibles and must not be relied upon in connection with any purchase or investment decision.
The contents of this website and of any e-mail or other communication from Asian DVD Club merely represents the then current view of Asian DVD Club or the author and should not be interpreted to be a commitment on the part of Asian DVD Club or the author, nor an expert opinion.
Opinions expressed may be those of contributing authors and not necessarily those of Asian DVD Club. Caveat lector.
You agree that this web page alone constitutes the entire User Agreement, that it is the complete and exclusive statement of your agreement with us, constitutes a writing signed by you, supersedes all prior agreements and representations between the parties, that no variation of the terms of this User Agreement will be enforceable against us, that it is subject to change which shall be effective immediately, and you waive the right to claim, contest, or assert that this User Agreement was modified, canceled, superseded, or changed by any oral agreement, purchase order, e-mail, notice, or other writing, course of conduct, waiver, implication, or estoppel.
This User Agreement shall not be canceled, modified, amended or in any way altered, nor may it be modified by custom and usage of trade or course of dealing.
No one has the authority to vary these terms and conditions, and no purported modification by any person, orally or in writing, may be relied upon or deemed binding, and we note our objection thereto, nor shall any writing, undertaking, representation, or warranty made by anyone affiliated with this website which is inconsistent with this User Agreement be binding.
Consequently you may not send us your contracts, offers, requirements, forms, purchase orders, files, gift restrictions, confidentiality notices, or other communications containing terms and/or conditions which differ from this User Agreement which if received in violation of the foregoing will be ignored if possible, and will have no effect, but which may if deemed necessary in our sole discretion be subject to legal review at your expense.
Our failure to respond or take affirmative action in response to any communication or information sent or provided to us should be understood to mean that we did not receive the communication or information, did not read it, chose not to respond, or disagreed, and should not be construed to indicate our acquiescence, agreement, approval, or consent.
Specifically, but not in limitation of the forgoing, this restricted rights website and any related software, data, torrents, or other content are not available for licensing to United States Government End Users or others under the terms of FAR 52.227-19 ("COMMERCIAL COMPUTER SOFTWARE RESTRICTED RIGHTS"), but only under the more restrictive terms as set forth herein.
Use of a Asian DVD Club e-mail "from" or "reply-to" address does not mean that the message came from us and even if authorized does not imply any such authority or affiliation with Asian DVD Club or this website, nor an ownership or agency relationship, and any claimed authority, title, affiliation, ownership, or relationship by any person or entity not stated on this website shall be conclusively presumed to be invalid and may not be relied upon.
Any message received from us whether by fax, e-mail, or other method, including any attachments, contains confidential information intended for a specific individual and purpose and is protected by law.
If you are not the intended recipient, please contact the sender immediately by reply e-mail or fax and destroy all copies.
You are hereby notified that any disclosure, copying, or distribution of such a message, or the taking of any action based on it, is strictly prohibited.
You are warned that computer viruses can be transmitted via e-mail, so the recipient of any e-mail should check it and any attachments for the presence of viruses. (Computer viruses and spammers frequently forge e-mail "from" addresses that they copy from infected computers or from the world wide web, so, unfortunately, there are many more unlawful e-mails sent pretending to come from us than e-mails that we actually send.)
Even if the e-mail is legitimate, neither we nor the sender accepts liability for any damage caused by any virus transmitted by e-mail.
E-mail transmission cannot be guaranteed to be secure or error-free because information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.
The sender therefore does not accept liability for any errors or omissions in the contents of any message or attachment, which arise as a result of e-mail or other electronic transmission.
This User Agreement may be assigned by Asian DVD Club.
We reserve the right, in our sole discretion, to amend, modify, add, remove, or change these terms or portions thereof at any time, without prior notice, and to revoke permission for any cause or for no cause.
Any changes become effective immediately upon posting of the revised User Agreement on this website, so please use a notification service and check this website online periodically for such changes.
Contractually imposed use restrictions as specified herein may be more restrictive that those of copyright law.
Continued use of this website or its contents indicates and shall be deemed to constitute your affirmation of your agreement to this entire User Agreement, including all such restrictions and any changes.
To immediately stop using this website and its content is your only remedy should you not agree to any of the terms of this User Agreement, as amended.
The terms and conditions of this User Agreement shall apply to all torrents, text, e-mail, webpages, and other content and to all our intellectual property wherever located, including this website, and including copies thereof in whole or part, or derived therefrom, regardless of the form, electronic, printed, or other, whenever or however obtained, including but not limited to when obtained from third parties with or without our permission.
This website contains thousands of notices regarding this User Agreement, however, in the event that the language of such notice(s) is inconsistent with the language herein, the language of this User Agreement shall prevail.
All notices under this User Agreement shall be in writing, such as e-mail.
A printed version of this User Agreement shall be admissible in arbitration, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This User Agreement, and any e-mail, facsimile, or other communications between you and us that is or can be printed by a computer onto paper, whether electronic or on paper, shall be considered to be "in writing" and you should print a paper copy of this User Agreement and any such personal electronic communication that is important to you and retain the copy for your records.
If you are unwilling to receive this User Agreement, licensed content, or other communications from us electronically, you may not use this website or otherwise license content from us.
Clause or paragraph titles and headings are for reading convenience, and hyperlinks are for convenience in accessing related information, and shall be disregarded when construing this instrument.
References herein to the Asian DVD Club internet domain shall include any alias or mirror domain names or numbers.
Receipt and/or use of any donations shall be governed entirely by this User Agreement and shall not constitute agreement or acceptance of any additional terms and conditions contained therein which shall be null and void.
You may not transfer or assign this User Agreement and any such transfer or assignment will be null and void.
You further agree to refrain from engaging in any conduct that is, or that we determine to be, in violation of this User Agreement.
You acknowledge that remedies at law may be inadequate to protect against breach of our intellectual property rights, as prohibited under this Agreement, and you agree to the granting of injunctive relief without the posting of a bond or undertaking, for the protection of terms laid out in this User Agreement without proof of actual damages.
You agree to undertake at your expense any measures and/or legal actions necessary to protect and defend our intellectual property by counsel reasonably accepted by us, and upon request to cooperate with us when we need to do so, and to cooperate with us as fully as reasonably required in the defense of any claim or in asserting any available defenses.
We shall have the right at our sole discretion to assume the exclusive control and defense of any matter.
Nothing in this Agreement shall create any relationship between us, including but not limited to not creating any joint venture, joint employer, franchisee-franchisor, employer-employee, professional-client, organization-member, or principal-agent relationship between you and us, nor impose upon us any obligations for any losses, debts, taxes, or other obligations incurred by you or as a result of your actions.
You agree that any time you expend relating to this website is only for your enjoyment and educational purposes and/or your educational hobby or collection and is not labor on behalf of us or our website, and that while you may donate property, including intellectual property (for which gifts we are most grateful!), you may not and agree not to work on our behalf or donate your labor to us, nor allow us to determine the manner or result of your activities or accomplishments, nor shall there be any economic exchange thereby.
Time is of the essence hereof. Non-enforcement of any provision herein does not constitute consent or waiver, and we reserve the right to enforce such provision at our sole discretion and at any time, without limitation, and regardless of any delay after we learn of any violation of the terms and conditions hereof and whether such delay be reasonable or unreasonable, and the waiver of any breach of any provision of this User Agreement shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
If any portion of this agreement shall be held unenforceable, invalid or inoperative, then, (a) the remainder of this agreement shall be considered valid and operative, and the remaining provisions shall be nevertheless carried into effect, and (b) insofar as it is reasonable and possible, effect shall be given to the intent manifested by the portion held unenforceable, invalid or inoperative, and such portion shall be reformed only to the extent necessary to make it enforceable.
The language of this User Agreement shall be construed as to its fair meaning and not strictly for or against any party.
WE WANT TO FULFILL ANY OBLIGATIONS THAT WE MAY HAVE AND CONSEQUENTLY REQUIRE THAT YOU TELL US PROMPTLY IF THERE IS A PROBLEM AND GIVE US THE OPPORTUNITY TO TAKE REMEDIAL ACTION.
IF YOU SHOULD CONCLUDE OR DISCOVER FACTS WHICH REASONABLY INDICATE THAT WE HAVE VIOLATED THIS USER AGREEMENT, OR FAILED TO PERFORM ANY OBLIGATIONS THAT WE MAY HAVE, OR HAVE BREACHED A LEGAL DUTY, OR THAT WE HAVE BEEN NEGLIGENT, YOU ARE REQUIRED TO NOTIFY Asian DVD Club BY E-MAIL AT THE EARLIEST OPPORTUNITY BUT WITHIN 12 HOURS, AND TO FOLLOW-UP BY PROVIDING ALL KNOWN SPECIFICS AND DETAILS BY E-MAIL NOTIFICATION TO THE ADMINISTRATIVE CONTACT ON THE WEBSITE REGISTRATION WITHIN TEN DAYS.
IF YOU FAIL TO GIVE THE FOREGOING TIMELY NOTICES TO US, YOU SHALL THEREBY IRREVOCABLY WAIVE ALL CLAIMS AND CAUSES OF ACTION.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Asian DVD Club - asiandvdclub.org site or this User Agreement must be filed by you within one (1) year after such claim or cause of action first arose, and regardless of when discovered, or be forever barred.
The parties hereto stipulate and agree that (1) as the physical premises of the Asian DVD Club - asiandvdclub.org site consist of the site's Internet webserver(s) and storage components thereof, these shall be construed as the site's real property, and (2) that the electronic signals created when the website or content thereof is used constitute the Asian DVD Club - asiandvdclub.org site's physical personal property; neither of which shall be trespassed or converted by unauthorized entry, access, transfer, or use and our right to exclude others from trespassing and/or converting such property or from our virtual network premises is not equivalent to any rights protected by copyright.
The parties hereto further stipulate and agree that use of this website or the content thereof in violation of this User Agreement causes actual and irreparable harm inflicted by such conduct, constitutes a substantial interference with possession or the right thereto, and shall give rise to causes of action for trespass, conversion, or the like, false advertising, federal and state trademark dilution, computer fraud and abuse, unfair competition, misappropriation, interference with prospective economic advantage, unjust enrichment, copyright infringement, and other causes of action as applicable, and that no remedy or election we choose shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, and that each torrent or graphic shall constitute a separate copyrighted work.
We reserve the right in our sole and unfettered discretion to deny you access to this website at any time for any reason or for no reason.
Severe additional penalty for publication of torrents stolen from this website; unlimited liability for subsequent infringement: In the event that you do not obtain permission and instead violate this agreement by misappropriating and/or publishing unauthorized pirated copies of torrents obtained from this website, or by enabling, permitting, facilitating, or encouraging others to do so, a trespass, conversion, or the like, which harms the Asian DVD Club - asiandvdclub.org Site, for example by causing donors to be hesitant or unwilling to allow their torrents to be displayed on the Internet, or if you publish torrents or other content prior to making full payment of all applicable fees, or without including the legal notices and credits as required herein, you agree to pay a penalty to Asian DVD Club for each unlicensed use, in addition to any actual and/or statutory damages, expenses, and attorney's fees, etc. which may apply, in the amount of fifty (50) times the undiscounted commercial fee for licensed use in accordance with this user agreement, agree to assign exclusively to Asian DVD Club copyright and all other ownership rights, including but not limited to physical, contractual, and intellectual property rights in any resulting work(s) which contain(s) or which is derived from our intellectual property, this website or its torrents or other content, and agree to immediately cease and desist any and all infringement of our copyright or other proprietary rights, and of such rights of any third party for which you shall also remain liable.
Additionally, please take special care to understand that in addition to direct infringement by your theft and republication of our intellectual property, or if you otherwise violate the terms of this license, you agree that such violation shall result in your unlimited liability for all resulting use and/or infringement by third and subsequent parties who obtain our intellectual property from or through you, and you will be held fully responsible (including penalties) whether or not you have knowledge of their actions at the time, whether or not you benefit financially, and whether or not you have the right and/or ability to supervise or police such subsequent resulting uses especially should repeated and unstoppable use by others result, and you are specifically prohibited from taking any action that would permit, enable, or facilitate such unpermitted or viral distribution, including but not limited to, by others who are not a party to this agreement. [i.e., If you give away our torrents or other content without our permission and/or in violation of this agreement, you agree to pay as specified in this agreement for all resulting subsequent uses by others which are not authorized by us, whether lawful or unlawful, including those resulting uses which you and/or we may, as a result of your actions, then be powerless to control or prevent, and possibly may not even discover until after the fact.]
Additionally, in the event that your actions in violation of this User Agreement result in our being deprived of our exclusive rights to ownership and control of the intellectual property we have created in this website and its digital torrents and/or other content in whole or substantial part, or of the value thereof, or which would make such intellectual property unsaleable, you agree to pay us liquidated damages in the amount of the greater of five million U.S. dollars, the amount of copyright infringement statutory damages per torrent or other content for each and every infringement, the appraised market value of this website absent such actions, and the estimated commercial cost to create a website of like complexity and content.
Please read this Legal Notice of Infringement which applies to you only if you have violated this User Agreement, or made any use of this website in any way not specifically authorized and permitted herein, in which case you acknowledge timely receipt hereof, which you agree is sufficient notice, at such time as you commenced violation of this User Agreement.
Additionally, if you have received Legal Notice of Infringement from us via e-mail or otherwise, this Notice and the entire User Agreement is included therein by reference, and you should also reread this entire User Agreement.
This Notice is authorized on behalf of Asian DVD Club, the owner of copyright and other proprietary rights to this website, its torrents, and other content.
Your activities in violation of this User Agreement constitute infringement of the exclusive rights to make copies and to distribute copies and constitute an infringement of copyright and other intellectual property rights, as well as a violation of the User Agreement which is a binding contract entered into whenever use is made of our website.
We request that you immediately take all action as may be appropriate to suspend these illegal activities.
On behalf of the respective rights owners including but not limited to the owners of the exclusive rights to the copyrighted material at issue in this notice, Asian DVD Club hereby states that Asian DVD Club has a good faith belief that use of the material in the manner complained in violation of this User Agreement is not authorized by the copyright owners or other rights holders, their respective agents, or the law.
Asian DVD Club hereby states, under penalty of perjury under the laws of NEW YORK and under the laws of the United States, that the information in this notification is accurate, and under penalty of perjury, that Asian DVD Club is authorized to act on behalf of the owners of the exclusive rights which are being infringed as set out in this notification.
Consequently, Asian DVD Club has never authorized the material to be disclosed or published by you or your user(s) and display of the material could result in being held liable for violating our proprietary rights.
Your continued dissemination of this material is in violation of Asian DVD Club's statutory, contractual, and other rights. Therefore, Asian DVD Club demands that you immediately erase or destroy all copies of and cease and desist from disseminating the material obtained in violation of this User Agreement, including but not limited to all locations where the information may be available from all computers, web sites, and servers under your or your company's ownership or control.
Please immediately remove the offending material, and notify us in writing that you have removed the material from your web site(s) or other unauthorized location.
Asian DVD Club reserves its right to seek immediate equitable, injunctive, and other relief, including damages claims.
This notice shall not be deemed to be a waiver of any rights or remedies, which are expressly reserved. We thank you for your courtesy and immediate cooperation in this matter. Your prompt response is requested so that the illegal infringing activity can be stopped.
Rights in this Website/Restrictions: We reserve all rights not expressly granted. Asian DVD Club and/or other parties that provide this website and its content specifically retain title, ownership rights, and intellectual property rights, and interests including but not limited to any possible copyright, which they may have in and to intellectual property, data, files and/or the torrents they contain, including the look and feel of all software, programs, web pages, torrents, or items, and to derivative works.
You are not permitted to, and you warrant and agree that you will not do or facilitate any of the following:
NO WARRANTY - "AS IS" WITHOUT WARRANTY OF ANY KIND AS TO ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT:
THERE IS NO WARRANTY FOR THIS WEBSITE OR ITS CONTENT OR LINKS, NOR FOR ANY TORRENTS OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEBSITE.
THE ASIAN DVD CLUB - asiandvdclub.org, THE COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, LICENSOR, AND/OR OTHER PARTIES AND THEIR AFFILIATES, OR THE LIKE, THAT PROVIDE THIS WEBSITE AND ITS CONTENT, INCLUDING REPRODUCTIONS OF SELECTED ITEMS FROM COLLECTIONS AND LINKS DO SO "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS, WITHOUT USER SUPPORT OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY, LACK OF VIRUSES, CORRUPTED FILES, OR OTHER MALICIOUS OR ERRONEOUS SOFTWARE, AVAILABILITY, RELIABILITY, QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS, CORRECTNESS OF TORRENT IDENTIFICATION OR DESCRIPTION, COMPATIBILITY, TIMELINESS, DECENCY, AND FREEDOM FROM INFRINGEMENT.
ANY RESULTS OR OUTCOME AS A RESULT OF THE USE OF THIS INFORMATION AND THE ENTIRE RISK OF ACCESS TO OR USE OF THIS WEBSITE AND ITS CONTENT AND LINKS IS WITH YOU. SPECIFICATIONS AND EQUIPMENT ARE SUBJECT TO CHANGE WITHOUT ANY NOTICE OR OBLIGATION BY US. SHOULD THE WEBSITE OR ITS CONTENT, TORRENTS, DOWNLOADS, OR LINKS, OR OUR COMMUNICATIONS OR ATTACHMENTS THERETO PROVE TO BE FAULTY, INACCURATE, INCORRECT, UNRELIABLE, NOT TO MEET ANY OF YOUR PARTICULAR REQUIREMENTS, OR TO BE OTHERWISE UNACCEPTABLE, YOU ASSUME THE COST OF ALL NECESSARY SUPPORT, REPAIR, OR CORRECTION.
WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL, INCLUDING BUT NOT LIMITED TO TECHNICAL MALFUNCTIONS OF ANY KIND, DELAYED OR FAILED ELECTRONIC COMMUNICATIONS, OR UNAVAILABLE OR FAILED NETWORK CONNECTIONS.
NO WRITTEN INFORMATION OR ORAL ADVICE GIVEN BY US, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
YOU FURTHER ASSUME THE RISK THAT CERTAIN HISTORIC SUBJECTS, ACCIDENTS, ATTITUDES, AND STEREOTYPES AND DESCRIPTIONS OR DEPICTIONS THEREOF, SOME GRAPHIC, MAY PROVE TO BE DISTURBING AND THAT WARNINGS AND RATING FILTERS RELATING TO SUCH CONTENT MAY BE ABSENT OR INEFFECTIVE.
By using this website, you explicitly waive the rights granted under NEW YORK Civil Code 1542 (if applicable) which states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and (as applicable) you waive all such similar rights which may exist in other jurisdictions.
ACCESS TO OR USE OF THIS WEBSITE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IS STRICTLY PROHIBITED.
IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
If you access or use this website in violation of the foregoing or any other provision of this User Agreement or in any jurisdiction where access or use is prohibited by law or by this User Agreement, or if you allege that you did so, you agree to pay us a prohibited use penalty fee of the greater of fifteen thousand dollars or ten times the loss, unwelcome liability, or potential liability to which we are exposed as a result of your actions.
IF YOU USE THE INFORMATION, SERVICES, PERMISSIONS, OR PRODUCTS OF A THIRD PARTY OR THEIR WEBSITE LINKED TO OR OTHERWISE REFERRED TO ON OR THROUGH OUR WEBSITE, OR IN ANY COMMUNICATION FROM US, SUCH THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS INFORMATION, SERVICES, PERMISSIONS, AND PRODUCTS, AND YOU RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INFORMATION, SERVICES, OR PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTY, AND ANY DISPUTES BETWEEN YOU AND SUCH THIRD PARTY.
NEITHER WE NOR OUR DONORS SHALL BE HELD LIABLE FOR
THIS WEBSITE MAY BE USED BY PERSONS NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OTHERWISE NOT LEGALLY ABLE TO AGREE TO ABIDE BY THE TERM AND CONDITIONS OF THIS USER AGREEMENT ONLY WITH THE PERMISSION OF BOTH
YOU AGREE TO SUPERVISE, AND ACCEPT RESPONSIBILITY FOR ALL ASPECTS OF USE AND ACCEPT FINANCIAL RESPONSIBILITY FOR ALL USE OF THIS WEBSITE AND ANY RELATED COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ANY USE BY MINORS LIVING WITH YOU OR PARTICIPATING IN YOUR EDUCATIONAL PROGRAM, AND INCLUDING ALL USES BY MINORS OR OTHERS USING YOUR EQUIPMENT WITH OR WITHOUT YOUR PERMISSION.
WE REGRET THAT DUE TO THE COPPA LAW, CHILDREN UNDER THE AGE OF 13 YEARS ARE PROHIBITED FROM CONTACTING THE Asian DVD Club - asiandvdclub.org SITE BY E-MAIL OR OTHERWISE, AND REQUESTS FOR HOMEWORK HELP OR OTHER INFORMATION ON BEHALF OF SUCH CHILDREN MUST COME FROM THE CHILD'S PARENT OR LEGAL GUARDIAN.
ASIAN DVD CLUB MAY PERIODICALLY MAKE UPDATES, CHANGES, IMPROVEMENTS, OR MODIFICATIONS, BUT MAKES NO COMMITMENT TO DO SO, AND MAY INTERRUPT OR DISCONTINUE OFFERING THIS WEBSITE IN WHOLE OR PART AT ANY TIME WITHOUT NOTICE.
THE WEBSITE MAY ALSO BE TEMPORARILY UNAVAILABLE ON THE LAST DAY(S) OF ANY CALENDAR MONTH DURING WHICH OUR WEBSITE'S POPULARITY HAS EXCEEDED THE MONTHLY "BANDWIDTH" ALLOTMENT.
YOU AGREE TO IMMEDIATELY NOTIFY ASIAN DVD CLUB BY E-MAIL OF ANY ERRORS, INACCURACIES, TECHNICAL PROBLEMS, TYPOGRAPHICAL ERRORS, BROKEN LINKS, INCORRECT OR MISSING CITATIONS, PROPRIETARY CONTENT INCLUDED WITHOUT REQUIRED PERMISSION, OR ANY OTHER DEFECTS OR DEFICIENCIES WHICH YOU DISCOVER ON THIS WEBSITE, AND THE CORRECTION NEEDED, IF KNOWN TO YOU, ALTHOUGH WE MAKE NO PROMISE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, AND OF ANY UNAUTHORIZED OR INFRINGING USE OF OUR NAME, TORRENTS OR OTHER CONTENT OR PROPERTY THAT YOU DISCOVER ELSEWHERE.
NO WARRANTY; LIMITATIONS OF LIABILITY:
THE COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, LICENSOR, AND/OR OTHER PARTIES THAT PROVIDE THIS WEBSITE AND ITS CONTENT SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION AND MATERIALS PROVIDED HEREIN, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, RELIABILITY, AND PERFORMANCE, AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USE OF THE INFORMATION AND MATERIALS PROVIDED HEREIN.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF TORRENTS OR OTHER CONTENT LICENSED OR OBTAINED FROM US OR OUR AFFILIATES WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
THE CONTENTS OF THIS WEBSITE OR COMMUNICATIONS FROM US ARE NOT INTENDED, AND CANNOT BE CONSIDERED, AS EXPERT ADVICE OR OPINION.
IN NO EVENT WILL WE, ANY COPYRIGHT HOLDER, OTHER RIGHTS HOLDER, LICENSOR, WEBSITE OR CONTENT PROVIDER, OR ANY OTHER PARTY WHO MAY CREATE, CONTRIBUTE TO, SPONSOR, HOST, MIRROR, LICENSE, AND/OR REDISTRIBUTE THIS WEBSITE OR ITS CONTENT IN WHOLE OR PART, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INFORMATION PROVIDERS BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COST OF PROCUREMENT OF SUBSTITUTE TORRENTS OR OTHER CONTENT, OR LOSS OF PROFIT OR REVENUES ARISING OUT OF THIS AGREEMENT, OR THE USE, MISUSE, OR INABILITY TO ACCESS OR USE THIS WEBSITE, LICENSED CONTENT, OR ANY OTHER HYPERLINKED WEBSITE, REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON TORT STRICT LIABILITY, CONTRACT, NEGLIGENCE, OR ANY OTHER BASIS, EVEN IF SUCH HOLDER, PROVIDER, OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH ADVISE WAS ACTUAL OR CONSTRUCTIVE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
USE OF THIS WEBSITE IN ANY JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATION OF DAMAGES IS STRICTLY PROHIBITED.
THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS USER AGREEMENT.
FURTHERMORE, IN NO EVENT SHALL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEBSITE OR ITS CONTENT.
ADDITIONALLY, IN NOT IN LIMITATION OF THE FORGOING, WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ILLNESS, GOVERNMENTAL ACTION OR ACTS OF TERRORISM, EARTHQUAKE OR OTHER NATURAL OCCURRENCES, LABOR CONDITIONS, OR POWER FAILURE.
YOU AGREE AND COVENANT TO DEFEND BY COUNSEL REASONABLY ACCEPTED BY US, HOLD HARMLESS, EXONERATE, AND INDEMNIFY THE COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, ASIAN DVD CLUB, LICENSOR, AND OTHER PARTIES THAT PROVIDE OR LICENSE THIS WEBSITE AND ITS CONTENT, AND THEIR AFFILIATES, OFFICERS, AGENTS AND SERVANTS (OR THE LIKE) FOR, AGAINST, AND ON ACCOUNT OF ANY AND ALL DAMAGES, CLAIMS, DEMANDS, PROCEEDINGS, SUITS, CAUSES OF ACTION, JUDGMENTS, SETTLEMENTS, LOSSES, OBLIGATIONS, EXPENSES, TAXES, PENALTIES, LEVIES, COSTS, DISBURSEMENTS, OR LIABILITY, OR THE LIKE, INCLUDING CONSULTANTS', ACCOUNTANTS' AND ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF, RELATING TO, IN ANY WAY CONNECTED WITH, EITHER DIRECTLY OR INDIRECTLY, OR RESULTING FROM YOUR ACCESS TO OR USE OR MISUSE OF THIS WEBSITE OR ASSOCIATED ALGORITHM(S), SOFTWARE, HARDWARE, INTERNET USAGE, INFORMATION, WEB PAGES, TORRENTS, DOCUMENTS, TEXT, E-MAIL, OR OTHER CONTENT, COMMUNICATION, OR USAGE, OR YOUR REPRESENTATIONS HEREUNDER, OR YOUR VIOLATION OF THIS AGREEMENT, OR FACTS WHICH IF TRUE WOULD BE IN VIOLATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY USE WHICH YOU MAKE, SUFFER, OR PERMIT TO BE MADE, OR YOUR WITHHOLDING OF INFORMATION, OR YOUR PROVIDING INACCURATE INFORMATION.
YOU FURTHER AGREE, AND NOT IN LIMITATION HEREOF, THAT ANY CLAIM(S) BY YOU AGAINST US THAT ARE NOT AS EXPRESSLY AUTHORIZED HEREIN OR ARE IN AN AMOUNT EXCEEDING THAT EXPRESSLY AUTHORIZED HEREIN SHALL NOT BE EXCEPTED FROM THE FORGOING.
YOU ADDITIONALLY AGREE THAT IF YOU ARE PROHIBITED FROM ACCESS TO OR USE OF THIS WEBSITE IN WHOLE OR PART, BUT YOU NEVERTHELESS DO ACCESS OR USE THIS WEBSITE IN VIOLATION OF THE PROHIBITION, OR IN AN UNLAWFUL MANNER, THAT THE FORGOING SHALL APPLY, BUT THE AMOUNT SHALL BE DOUBLED AS A PENALTY FOR EXPOSING US TO LIABILITY WHEN YOUR USE WAS PROHIBITED OR UNLAWFUL.
IF WE CONSEQUENTLY SEEK WRITTEN ASSURANCES FROM YOU CONCERNING YOUR PROMISE TO INDEMNIFY US AND YOU FAIL TO PROVIDE SUCH ASSURANCES WITHIN SEVEN DAYS, YOUR FAILURE SHALL CONSTITUTE A BREACH OF THIS USER AGREEMENT, AND IN SUCH EVENT, YOU AGREE TO PAY US ADDITIONAL DAMAGES FOR YOUR FAILURE TO PROVIDE SUCH ASSURANCES IN THE AMOUNT OF TWICE THE GREATER OF THE ACTUAL OR POTENTIAL LIABILITY SO CREATED BY EACH SUCH DAMAGES, CLAIM, DEMAND, PROCEEDING, SUIT, CAUSE OF ACTION, JUDGMENT, SETTLEMENT, LOSS, OBLIGATION, EXPENSE, TAX, PENALTY, LEVY, COST, DISBURSEMENT, OR LIABILITY, OR THE LIKE, OR TWENTY THOUSAND U.S. DOLLARS EACH.
ANY AND ALL DISPUTES AND CONTROVERSIES ARISING HEREUNDER OR RELATING TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT CHALLENGES THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS USER AGREEMENT) WHICH THE PARTIES ARE UNABLE TO RESOLVE, SHALL BE RESOLVED IN A FORUM AS DETERMINED AT THE SOLE DISCRETION OF ASIAN DVD CLUB WHICH MAY INCLUDE, BUT IS NOT LIMITED TO MEDIATION, AND/OR FINAL AND BINDING ARBITRATION UNDER THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, ALL OF WHICH PROCEEDING(S) SHALL BE AT YOUR EXPENSE (AND NOT AT THE EXPENSE OF ASIAN DVD CLUB, COPYRIGHT HOLDER(S), OTHER RIGHTS HOLDERS, LICENSOR, AND/OR OTHER PARTIES THAT PROVIDE THIS WEBSITE AND ITS CONTENT), MAY BE CONDUCTED BY E-MAIL, OTHER ELECTRONIC COMMUNICATION METHOD, OR TELEPHONIC CONFERENCE CALL, JUDGMENT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE HEARD ON A CLASS-ACTION BASIS NOR JOINED WITH CLAIMS OF OTHER PARTIES, AND YOU MAY NOT BRING ANY SUCH ACTION ARISING HEREUNDER OR RELATING TO THIS USER AGREEMENT OR WEBSITE LATER THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED.
AVAILABLE REMEDIES SHALL INCLUDE BUT ARE NOT LIMITED TO INJUNCTIVE RELIEF AND MONETARY DAMAGES.
FOR PURPOSES OF LEGAL INTERPRETATION HEREUNDER, AND NOTWITHSTANDING ANY CASE LAW TO THE CONTRARY, THE PARTIES HERETO AGREE AND STIPULATE THAT YOUR USING AN TORRENT(S) OR OTHER CONTENT OBTAINED FROM US OR THIS WEBSITE WITHOUT PERMISSION SHALL CONSTITUTE A TORT REQUIRING COMPENSATION, THAT EACH TORRENT INCLUDED ON THIS WEBSITE HAS BEEN AND SHALL CONCLUSIVELY BE PRESUMED TO BE DIGITALLY MODIFIED AND RESTORED IN A MANNER THAT HAS SUFFICIENT ORIGINALITY TO CREATE A NEW SEPARATE DERIVATIVE WORK UNDER COPYRIGHT LAW, THAT SUCH TORRENTS ARE NOT IN THE PUBLIC DOMAIN, THAT THIS WEBSITE IS A COMPILATION POSSESSING ORIGINALITY WITH NEW MATERIAL ADDED, AND THAT COPYRIGHT LAW DOES NOT PREEMPT CONTRACT LAW.
BECAUSE THIS WEBSITE MAY BE LAWFULLY USED ONLY BY THOSE WHO ARE BOTH LEGALLY CAPABLE OF ACCEPTING THIS USER AGREEMENT WITHOUT MODIFICATION, AND WHO IN FACT DO SO ACCEPT AND AGREE WITH ALL THE PROVISIONS AND INTERPRETATIONS AS STATED HEREIN, AND AN IMPORTANT PURPOSE OF THIS USER AGREEMENT IS TO PROVIDE CERTAINTY OF LEGAL INTERPRETATION AND CONSEQUENTLY TO ACHIEVE THE RESULT(S) ANTICIPATED BY THIS DOCUMENT DESPITE THE UNCERTAINTIES AND DIFFICULTY OTHERWISE OF ATTEMPTING TO APPLY ESTABLISHED AND/OR UNSETTLED LAW IN THE FACE OF NEW TECHNOLOGY IF ANY MATTER OR ISSUE(S) IN DISPUTE IS ANTICIPATED BY A PROVISION(S) OF THIS USER AGREEMENT, THE PERSON(S) ADJUDICATING THE DISPUTE SHALL GIVE UTMOST DEFERENCE TO SUCH PROVISION(S) AND SHALL BE BOUND TO DECIDE THE MATTER IN A MANNER CONSISTENT WITH THE PROVISION(S) HEREOF AND SO AS TO ACHIVE THE RESULT AS STATED HEREIN.
IN THE EVENT THAT YOU ARE A GOVERNMENTAL ENTITY, YOU WAIVE SOVEREIGN IMMUNITY AND FURTHER STIPULATE AND AGREE THAT ANY USE OF THIS WEBSITE OR ITS CONTENT, EXCEPT AS PERMITTED HEREIN, SHALL CONSTITUTE A TAKING REQUIRING JUST COMPENSATION AS SET FORTH HEREIN.
THIS USER AGREEMENT SHALL BE CONSTRUED UNDER AND GOVERNED BY NEW YORK LAW AS SUCH LAW APPLIES TO AGREEMENTS BETWEEN NEW YORK RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN THE STATE OF NEW YORK, AND UNDER THE LAW OF THE UNITED STATES OF AMERICA, OR SUCH ALTERNATIVE JURISDICTION AS ASIAN DVD CLUB MAY DESIGNATE IN WRITING FROM TIME TO TIME SHALL APPLY, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.
IT IS THE INTENT OF THE PARTIES HERETO THAT THE FORUM AND JURISDICTION BE CHOSEN BY ASIAN DVD CLUB SO THAT INSOFAR AS IT IS POSSIBLE, COSTS OF DISPUTE RESOLUTION ARE MINIMIZED, EFFECT SHALL BE GIVEN TO THE INTENT MANIFESTED, AND ALL PORTIONS OF THIS AGREEMENT BE HELD ENFORCEABLE, VALID AND OPERATIVE.
YOU AGREE NOT TO SEND US ANYTHING THAT WE ARE NOT PERMITTED TO PUBLISH, AND/OR REPUBLISH ROYALTY FREE.
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