Terms of Use

Terms & Conditions

INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING DIGIMONFUSION.COM.

Welcome to www.digimonfusion.com, owned by SCG Characters LLC  (“we,” “our,” or “us”). If you are under the age of 18 (a “minor”), all legal responsibilities under this Terms of Use Agreement (the “Agreement”) are assumed by your parent or legal guardian. As such, if you are a minor, please make sure to have your parent or legal guardian review and discuss this Agreement with you. By using this website or any successor website (the “Website”), you, and if applicable your parent or legal guardian, agree to be bound by this Agreement.

This Agreement applies to this Website and any other features, content or applications offered from time to time by us in connection with or via the Website (collectively, the “Services”). The Services and the Website are hosted in the United States.

This Agreement sets forth the legally binding terms for the use by visitors ( “you”, “visitors”or“users“) of the Website and the Services. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by the terms of this Agreement and all applicable laws. Please read this Agreement carefully. If you do not agree with any of its terms, please discontinue use of the Website and Services immediately. You acknowledge that your agreement to the terms and conditions of this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged by you. Such consideration includes, but is not limited to, your use of the Website and Services.

This Agreement includes (i) our policy for acceptable use of the Website and Services, (ii) your rights, obligations, and restrictions regarding use of the Website and Services, and (iii) our Privacy Policy. In order to participate in certain Services, you may be required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to this Agreement when you use the Website or Services after any such modification is posted. It is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes made to the Agreement. If you do not wish to accept any changes, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at opt-out@sabanbrands.com.

Subject to any laws or regulations to the contrary, we expressly reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without incurring liability.

 

 

PRIVACY POLICY

We respect your privacy. The terms and conditions of the Website’s Privacy Policy are set forth in our Privacy Policy

CONTENT

Proprietary Rights

You acknowledge that the Website contains content that is owned by us and/or our officers, directors, employees, agents, third-party content providers, affiliates, sponsors, and licensors (collectively, the “Providers“) (the “Proprietary Content”). Such Proprietary Content includes, without limitation, television and/or film trailers and clips, photographs, text, wallpaper, icons, games, and graphics. Such Proprietary Content is protected by copyrights, trademarks, and other laws governing  ownership of intellectual property as well as by international treaties. You acknowledge that the intellectual property rights of Providers are valid and protected in all forms, media, and technologies now existing or hereafter developed. Except as permitted by applicable law, you may not reproduce, distribute, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works based upon, or in any way exploit any of the Proprietary Content, in whole or in part, without obtaining permission from the owner(s) of the copyrights , trademarks and/or other propriety rights to such Proprietary Content. In addition to the foregoing, your use of any software contained in  or in connection with the Website or Services shall be governed by the applicable software license agreement governing the use of such software. You acknowledge and agree that nothing in this Agreement shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names or other proprietary rights in and to the Website or Proprietary Content or any part thereof.

Distribution/Uploading Of Third-Party Content

You may not post, modify, distribute, or reproduce in any way any Proprietary Content without obtaining the prior written consent of the applicable Provider of such Proprietary Content.  If we are notified by any Provider of Proprietary Content that any user has infringed upon the intellectual property rights of such Provider with respect to such Proprietary Content, we reserve the right to terminate the infringers access to the Website. Please understand that the unauthorized submission or distribution of Proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damages resulting from any infringement of copyrights or other proprietary rights, or from any other harm arising from such submission.

If the Provider of any Proprietary Content expressly permits the distribution of such Proprietary Content by users of the Website, any such permitted use of the Proprietary Content shall contain a copyright or trademark notice, such as  “Copyright, [name of owner] [date]; used with permission.”

If any user submits any copyrighted or other proprietary content, including, without limitation, written information, photographs, videos,  graphics, music, sounds, or other material to the Website (collectively the “User Content“),  the user automatically grants to us, or warrants that the owner of such User Content has expressly granted to us, a royalty-free, irrevocable, right and license, during the full term of the legal protection of such User Content,  to use, reproduce, publish, translate, sublicense, copy, and distribute the User Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. We may also permit any other Website user to access, store, or reproduce the User Content for that user’s personal use. Subject to foregoing grants of rights and to any other terms and conditions which may be applicable to the submission of such User Content, the owner of the User Content placed on the Website retains any and all rights which may exist in such User Content.

Copyrights and Copyright Agent

We have adopted a policy that provides for the possible termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders of Proprietary Content or User Content. If you believe that your work appearing on the Website has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA“) 17 U.S.C. 512:

      • a description of the copyrighted work that you claim has been infringed;
      • a description of the location where the material that you claim is infringing is located;
      • a statement by you that you have a good faith belief that the reported use is not authorized by the copyright or intellectual property owner, its agent, or the law;
      • your name, address, telephone number, and, if available, email address but only if you are 13 or older (if you are not yet 13, your parent or guardian should provide the parent or guardian’s name, address, telephone number and, if available, email address);
      • a statement by you (or by your parent or guardian if you are under the age of majority in your state of residence), made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf; and
      • an electronic or physical signature by the person making the submission (i.e., you or such other person authorized to act on behalf of the copyright holder). If the submission is made electronically, to satisfy the signature requirement please designate the electronic signature by typing a forward slash before and after the name of the authorized person making the submission (e.g., /Jane Doe/).

Upon receipt of information from you that substantially complies with all of the requirements set forth above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or “take down” the infringing material. At that point we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Please do not contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.

For copyright infringement inquiries under the DMCA please contact:

DMCA Complaints
Saban Brands LLC
Attn: Greg Dzhalalyants, Associate, Business and Legal Affairs
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Phone: (310) 557 -5269
Fax: (424) 204-9395
Email:copyrightagent@sabanbrands.com

Third-Party Content

We are an online service provider of content, much of which is supplied by third parties and users. We have no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including any other user, are those of the respective authors or distributors of the content, and not ours, our affiliates, their officers, directors, employees, or agents. While we use reasonable efforts to make sure that content posted by third parties is appropriate for the Website, we do not guarantee the accuracy, completeness, appropriateness or usefulness of all Proprietary Content or User Content appearing on the Website, nor its merchantability or fitness for a particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than us. Under no circumstances shall we, or our affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available through the Website.

Links to Third-Party Websites

The Website may contain links to third party websites (“Linked Sites”.) The Linked Sites are not under our control and we are not responsible for the content or information collection policies of any such Linked Sites. We encourage you to read and review the privacy policies of such Linked Sites. We are only providing the Linked Sites to you as a convenience, and the inclusion of any Linked Sites on the Website does not imply endorsement of the views or opinions expressed on such sites by us or any of our Providers. Further, we cannot guarantee the quality or availability of such Linked Sites.

Advertising

The Website may contain advertisements. The advertisers and/or third parties that provide these advertisements are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. While we take great care in only serving advertisements that are appropriate, we are not responsible for any errors in such advertisements or for the acts or omissions of any advertiser or third party, or advertisements that may appear on our Website.

RULES OF CONDUCT

You, as a user, agree to use the Website only for lawful purposes. The following is a partial list of the kinds of content and activity that is illegal or prohibited on the Website and through your use of the Services (the “Prohibited Material”). We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website, terminating the account of such violator, reporting such violator to law enforcement authorities and taking legal action against the offender. Prohibited Material includes, but is not limited to, activity and/or content that:

    • is or advocates conduct that is offensive, harmful,  threatening, abusive,  defamatory,  vulgar, obscene, sexually explicit, profane, hateful, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • is false or misleading;
    • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy, or providing or creating computer viruses;
    • solicits personal information for commercial or unlawful purposes from other users;
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • interferes with, disrupts, or creates an undue burden on the Website, Services, or the networks connected to the Website;
    • uses any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
    • uses the Website or Services in a manner inconsistent with any applicable laws and regulations; or
    • otherwise violates any applicable local, state, national or international law.

If we are notified of any User Content on the Website provided by you that qualifies as Prohibited Material, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Website. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our Providers and any other user.

We reserve the right to prohibit conduct or communications that we deem, in our sole discretion, to be inappropriate or harmful (whether to us, to individual users, to the Website, to our Providers, to the communities that use the Website, or to any third party), or which we believe to violate any applicable law. Notwithstanding the foregoing, neither we nor any of our Providers can assure you that other users will comply with the foregoing Rules of Conduct or any other provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Furthermore, neither we nor any of our Providers can ensure prompt removal of questionable content.  Accordingly, neither we nor any of our Providers shall assume liability for any action or inaction with respect to any inappropriate or harmful conduct, communication, or content on the Website.

NON-COMMERCIAL USE

The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us in writing. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon, collecting user names and/or information pertaining to other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of, or linking to, the Website is prohibited. Appropriate action will be taken for any illegal or unauthorized use of the Website or Services.

YOUR ACCOUNT

If you use the Website, you agree to accept responsibility for (i) keeping any password that you entered to use the Website confidential, (ii) restricting access to your computer, and (iii) all activities that occur under your account and password. You further agree to provide us with accurate information in response to any requests for information made on the Website.  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to using another person’s username, password, or account information or another person’s name, likeness, voice, image or photograph. You must promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving the Website or the Services.

SOLICITED SUBMISSIONS

To the extent that we solicit submissions through features or activities on or through the Website or its Services, including, but not limited to games, sweepstakes, contests, and promotions, your submission, or participation in such features or activities functions as your agreement to abide by any corresponding official rules, this Agreement, and the Website’s Privacy Policy. To the extent any “moral,” “ancillary,” or similar rights in or to the solicited submission exist and are not exclusively assigned by you to us pursuant to the terms and conditions applicable to such solicited submissions, you agree not to enforce any such rights as to us, our licensees, distributors, agents, representatives, and other parties authorized by us, and you shall procure the same agreement from any others who may possess such rights.

UNSOLICITED SUBMISSIONS

We do not accept, consider or review unsolicited submissions by users of creative ideas, suggestions or materials relating to the Website or Proprietary Content. This is to avoid the possibility of future misunderstandings when projects independently developed by us or our agents might seem to be similar to others’ creative ideas, suggestions or materials. We, therefore, ask that you not make any unsolicited submissions to us.  If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts, or other information, or transmit to the Website, by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Unsolicited Information“), we shall not be subject to any obligation of confidentiality with respect to such Unsolicited Information, and we shall not be liable for any use or disclosure of any such Unsolicited Information, whether by us or by any third party.

ELECTRONIC COMMUNICATIONS

When you send emails to us, you are communicating with us electronically, which constitutes your consent to receive a one-time response from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communication we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR SERVICES. NUMEROUS FACTORS BEYOND OUR CONTROL OR THE CONTROL OF ANY OF OUR PROVIDERS MAY INTERFERE WITH THE OPERATION OF THE WEBSITE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, MALWARE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVERTISEMENTS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

PLEASE CONSULT YOUR PHYSICIAN AND YOUR CHILD’S PHYSICIAN BEFORE YOU OR YOUR CHILD USE OR BEGIN ANY EXERCISE TECHNIQUE OR PROGRAM. THE INFORMATION AND MATERIALS PRESENTED ON THIS WEBSITE ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR SUBSTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. ADULT SUPERVISION IS RECOMMENDED.

NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE OR OUR PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held to be invalid or unenforceable, in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the validity or enforceability of any of the remaining provisions hereof in any jurisdiction.

APPLICABLE LAW; JURISDICTION

The Website is created and controlled by us in the State of California, and resides on servers in California. As such, the laws of the State of California will govern this Agreement, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties understand and agree that the exclusive venue shall be Los Angeles, California.

BINDING ARBITRATION

Subject to our right to seek provisional remedies or injunctive relief is provided below, any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California and may be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than would be available from a court under the statutory or common law theory asserted. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or both, as applicable to the claim(s) asserted. It is the arbitrator’s responsibility to allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration.

INDEMNITY

You agree to indemnify and hold us, our Providers, and our and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Website or Services in violation of this Agreement ; (ii)  your breach of this Agreement; (iii) any breach of your representations and warranties set forth in this Agreement; and (iv) any User Content that you post on the Website or through the Services.

OTHER

This Agreement is accepted upon your use of the Website or Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law.

ACKNOWLEDGMENT

This Agreement, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us, and supersedes any prior statements or representations. When using the Website or  the Services, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

MODIFICATION

We reserve the right to make changes to the Website, posted policies and these Terms of Use at any time without notice.

Please contact us at termsofuse@sabanbrands.comwith any questions you may have regarding this Agreement.