GENERAL

Welcome to theanimenetwork.com. Anime Network, Inc., it and affiliated companies, provide their services to you subject to the following conditions. If you visit or shop at the Site (defined in the Privacy Policy below), you accept these terms and conditions. Please read them carefully.

YOU MAY ONLY USE WWW.THEANIMENETWORK.COM, AND ALL OTHER WEBSITES OWNED, OPERATED, LICENSED, OR CONTROLLED BY ANIME NETWORK, INC., ITS PARENT AND AFFILIATED COMPANIES (REFERRED TO HEREIN AS “ANIME NETWORK,” “WE” OR “US”) FOR LEGAL PURPOSES. ADDITIONALLY, YOU MUST ABIDE BY ANY POLICIES POSTED ON ANIME NETWORK WEBSITES. NEITHER ANIME NETWORK NOR ANY OF ITS SUPPLIERS, LICENSORS, SUBSIDIARIES, OR AFFILIATES MAKE ANY REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH INFORMATION, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANIME NETWORK AND ITS LICENSORS, SUPPLIERS, PARENT COMPANY AND THE SUBSIDIARIES AND AFFILIATES OF EACH HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL ANIME NETWORK OR ITS LICENSORS, SUPPLIERS, PARENT COMPANY OR ANY OF THE SUBSIDIARIES AND AFFILIATES OF EACH BE LIABLE FOR ANY SPECIAL, INDIRECT, ORCONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER. ALL DOCUMENTS, GRAPHICS AND OTHER ELEMENTS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ANIME NETWORK AND/OR ITS RESPECTIVE LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, PROGRAMMING, INFORMATION OR SERVICES DESCRIBED HEREIN AT ANY TIME WITH OR WITHOUT NOTICE.

JURISDICTION

This Site is controlled and operated by ANIME NETWORK from its offices in Houston, Texas. ANIME NETWORK makes no representation that the materials available on this Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These terms and conditions are to be governed and construed exclusively by Texas law. You agree that the state and federal courts sitting in Houston, Harris County, Texas shall be the sole and exclusive forum and situs for the resolution of any and all disputes, controversies or matters arising out of or relating to these terms and conditions, or your use of or access to this Site.

TRADEMARKS AND TRADE DRESS

The trademarks and logos appearing on ANIME NETWORK owned, operated or affiliated Sites, including but not limited to theanimenetwork.com, the ANIME NETWORK logo(s), and any other trademarks and logos appearing on the Site and all other websites owned, operated, licensed, or controlled by ANIME NETWORK or its subsidiaries and affiliates are the property of their respective owners. ANIME NETWORK’S trademarks may be used publicly only with the express written permission of ANIME NETWORK. The design and layout of the Site and all other websites owned, operated, licensed, or controlled by ANIME NETWORK or its subsidiaries and affiliates, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from any of the Site may be copied or retransmitted unless expressly permitted by ANIME NETWORK. Other product and company names mentioned herein may be the trademarks of their respective owners, and all such other trademarks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ANIME NETWORK or its affiliates and subsidiaries.

COPYRIGHTS

All materials and content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of ANIME NETWORK or its content suppliers and protected by United States and international copyright laws and international treaties. The compilation of all content on this Site is the exclusive property of ANIME NETWORK and is protected by U.S. and international copyright laws and treaties. ANIME NETWORK materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without the prior express written permission of ANIME NETWORK. Use for any other purpose or without ANIME NETWORK permission is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. All rights not expressly granted herein are reserved. Permission to use elements (such as product information, press releases, schedules, announcements, news and FAQs) from this Site is granted, provided that (1) the copyright notice at the bottom of the Terms and Conditions of Use appears in all copies and that both the copyright notice and this notice regarding ANIME NETWORK’s permission appear, (2) you include any other non-ANIME NETWORK copyright notice appearing in the text; (3) use of such elements from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer, broadcast in any media, or otherwise published unless expressly authorized otherwise, (4) no modifications of any elements are made; and (5) ANIME NETWORK may withdraw its license at any time for any reason.

LICENSE TO USE SITE

ANIME NETWORK grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ANIME NETWORK. This license does not include any use not expressly authorized herein. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ANIME NETWORK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ANIME NETWORK and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ANIME NETWORK’s name or trademarks without the express written consent of ANIME NETWORK. Any unauthorized use terminates the permission or license granted by ANIME NETWORK. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray ANIME NETWORK, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ANIME NETWORK logo or other proprietary graphic or trademark as part of the link without express written permission.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on this Site. These policies also govern your visit to the Site and use of its services. We reserve the right to make changes to our Site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PRICING

Except where noted otherwise, the list price (“List Price”) displayed for products on our Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold on the Site, we cannot confirm the price of an item until you order; however, under most circumstances we do NOT charge your credit card until we begin to prepare your order for shipment. Despite established practices, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: - If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. - If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by ANIME NETWORK. Your purchases from third-party sellers of ANIME NETWORK products may be charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

PRIVACY

The www.theanimenetwork.com website is owned and operated by ANIME NETWORK. This privacy statement describes how ANIME NETWORK (“ANIME NETWORK, “we,” “our” or “us”) uses and handles information collected from you by our the websites owned by, operated by or in any way affiliated with ANIME NETWORK.

  1. The types of personal information we collect from users and how the information is collected;

  2. How we use the information we collect;

  3. How to opt-out of receiving communications;

  4. How we use cookies, web beacons, and similar site-enhancing technologies;

  5. The circumstances under which we disclose user information to third parties;

  6. How you can access, update, or delete information collected about you; and

  7. Our security procedures. By using this Site, you signify your assent to this privacy policy. We may change the policy from time to time, and we encourage you to check this page periodically to see changes we may have made. If you have any questions or concerns about this policy, please email us at privacy@theanimenetwork.com.

Categories of Personal Information We Collect and How We Collect It
Like many websites, this Site’s web servers may automatically collect the Internet Protocol addresses, but usually not the email addresses, of visitors. We may use the Internet Protocol information to measure the number of visits, average time spent on the Site and pages viewed, as well as to diagnose problems with our servers, to administer the Site and for other purposes. We may then use this information to analyze and improve the features and functionality of this Site and for other purposes relating to our business. This information is generally non-personally identifiable. Sometimes, we may ask you for personal information, including your name, email address, mailing address, telephone number, product and service preferences, demographic information, and other relevant information. We would likely collect this personal information when you purchase certain products or services offered by us, enter sweepstakes or promotions we conduct, send email to this Site, respond to emails from this Site, post messages, and/or upload content using this Site. ANIME NETWORK also may combine this information from you with other personally identifiable information about you that we receive from other sources.

How We Use the Personal Information We Collect and How to Opt-out of Receiving Communications
We collect and store information about you and statistics about your use of our Site both in an aggregated, non-personally identifiable way and in a manner that may allow us to identify you personally. For example, we may use information about you and other Site visitors on an aggregated basis to market products and services and to deliver advertising, promotions and content that we believe may be of interest to you. We may use personally identifiable information in similar ways. For example, we may use your email address or mobile telephone number’s messaging capability to send you special announcements or notifications of events or services that may be of interest to you and to verify and authorize the use of your credit card. We may use your mailing address to fulfill orders of products or services as well as to send you announcements and notifications that may be of interest to you. You have the right to opt-out of receiving such announcements, notifications or other communications from us, UNLESS the primary purpose of any such announcements, notifications or other communications is to (1) facilitate, complete or confirm a transaction, (2) provide specified types of information with respect to a product or service used or purchased by you, (3) provide information directly related to a product or service used or purchased by you, (4) deliver goods or services that are included in the terms of a previous transaction, or (5) provide legal notices to you. In these enumerated instances, we might not provide you with an opt-out mechanism. If you wish to opt-out of receiving the aforementioned announcements, notifications or any other communications from us, you can send an email to optout@theanimenetwork.com or write to us at Anime Network, Inc., 5750 Bintliff Dr. Ste. 216, Houston, Texas 77036, Attention: Anime Network and let us know that you’d like to Opt-out of receiving such communications.

Cookies, Web Beacons, and Similar Technologies on the Site
Our Site may use cookies, web beacons or similar technologies. These technologies consist of small amounts of computer code sent to your browser by websites that are stored on your device or hard drive. We may use them to enable our systems to recognize your browser and to provide features such as personalized greetings. In addition, we may use them to improve the functionality of our Site, to help us tailor the Site to your interests, and to understand better how users use this Site. They enable us to recognize you when you return and can keep track of information specific to you, such as storage of items in your shopping cart between visits. We use them to improve the functionality of our Site, and we will not use these technologies to transfer information about you to others except as otherwise provided in this privacy statement. Sometimes, you may receive cookies or other files from advertisers or other sites that you link to from this Site. This is common practice on the Internet. We do not control these files and they are not subject to this privacy policy. You may set your browser to require your permission before you receive a cookie. The Help portion of the toolbar on most browsers will often provide you with information about how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Disclosing User Information to Third Parties
From time to time, we may share your email address with other ANIME NETWORK owned or affiliated companies and with third parties which may send you announcements and notifications of events, products or services that might be of interest to you. These announcements may include gift certificates, sweepstakes, contests, promotions, giveaways and merchandise offerings. ANIME NETWORK may provide you the opportunity to opt out of sharing your information with such third parties except when it is necessary for the purpose it was collected or to fulfill a transaction. Your mailing address may be shared with your credit card company in order to verify that you are an authorized user. However, if you have exercised your right to opt-out of receiving such email announcements, notifications and other communications from us, we will not share your email address with others in the manner described above (provided we have had adequate time to process your opt-out communication) unless such communication has as its primary purpose (1) to facilitate, complete or confirm a transaction, (2) to provide specified types of information with respect to a product or service used or purchased by you, (3) to provide information directly related to a product or service used or purchased by you, (4) to deliver goods or services that are included in the terms of a previous transaction, or (5) to send legal notices to you. In these enumerated instances, we would not provide you with an opt-out mechanism. When you make purchases on the Site, or use certain features on the Site, we request you to provide financial information such as account or credit card numbers. We will use your financial information to bill you for products and services or otherwise process your transactions. By making a purchase on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. By purchasing products or services of third parties (such as magazine subscriptions) offered on the Site, you also consent to our providing your financial information to those third parties. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. In some situations, the law will require us to disclose information about you to the government or other third parties, or third parties may unlawfully intercept Internet transmissions or private communications. If asked or required by law, we may release information about you to law enforcement, other government officials or private entities if we believe it is necessary or appropriate to investigate or resolve possible problems or inquiries.

Children
We do not knowingly collect personal information, including contact information, from children under age 13. The Site does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may make purchases on the Site only with the permission and involvement of a parent or guardian.

Links and References to Other Websites
This Site may contain links and references to other websites and organizations, including websites not under the control of ANIME NETWORK. Please note that different rules may apply to the collection, use or disclosure of your information by operators of these third-party websites. ANIME NETWORK encourages you to investigate and ask questions before disclosing information to third parties. Although ANIME NETWORK tries to link only to sites with high standards regarding privacy, ANIME NETWORK is neither responsible for nor makes any warranties or representations regarding the privacy practices of any of the linked sites.

Revising, Accessing, Updating or Deleting Information Collected About You
If personal information is collected from you on the Site, you may be able to access and update that information and any preferences that you have provided to us when you registered or engaged in a transaction (such as buying ANIME NETWORK products or services). However, to the extent that such information is also stored in other databases, ANIME NETWORK cannot always ensure that these corrections or deletions will immediately reach other databases. In order to update or correct your personal information, you may be asked visit this Site and edit your profile/preferences/account information.

Chat Rooms and Other Public Forums
This Site may make available chat rooms, forums, message boards and news groups. Please remember that information you disclose in these areas becomes public information and you should exercise caution when disclosing personal, financial or other information in any of these forums. Security ANIME NETWORK uses reasonable precautions to keep your personal information secure and to disclose such information only to third parties we believe to be responsible. We employ reasonable security measures consistent with standard industry practice for information collected through the Site. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse or alteration of the information that we collect on the site. However, ANIME NETWORK’s affiliates and third-party Internet sites and services that are accessible through this Site, or parties who collect data in connection with sweepstakes, promotions and other activities, have separate privacy and data collection practices, independent of us. We cannot bear responsibility or liability for the actions of any third parties who may receive the information.

U.S. Residents
This Site is governed by and operated in accordance with the laws of the United States and is intended for the enjoyment of U.S. residents. We make no representations that the Site is governed by or operated in accordance with the law of other nations. By using it, visitors from outside the U.S. acknowledge that the site is subject to U.S. law and the law of Texas and waive any claims that may arise under their own state or national laws.