ANIWAI.COM TERMS AND CONDITIONS

aniwai.com is among other things a social networking service that allows its members to create their own unique and personal profiles and to communicate with other members within the network. The services offered by aniwai.com ("aniwai" or "we") include the aniwai.com website, all its subsites and any other features, content, applications or services offered in connection with the aniwai website (collectively the "aniwai services"). The aniwai services are located in Germany.

These Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the aniwai Services. By using the aniwai Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the aniwai Website) or you are a "Member" (which means that you have registered with aniwai.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the aniwai Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the aniwai Website and discontinue use of the aniwai Services immediately. If you wish to become a Member, communicate with other Members and make use of the aniwai Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes aniwai.com's policy for acceptable use of the aniwai Services and Content posted on the aniwai Website, your rights, obligations and restrictions regarding your use of the aniwai Services and aniwai.com's Privacy Policy.

aniwai.com may modify this Agreement from time to time and such modification shall be effective upon posting by aniwai.com on the aniwai Website. You agree to be bound to any changes to this Agreement when you use the aniwai 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.

Please choose carefully the information you post on aniwai.com and that you provide to other Users. Your aniwai.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other aniwai.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and aniwai.com assumes no responsibility or liability for this material. If you become aware of misuse of the aniwai Services by any person, please contact aniwai immediately on .

aniwai.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the aniwai Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility

Use of and Membership in the aniwai Services is void where prohibited. By using the aniwai Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the aniwai Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term

This Agreement shall remain in full force and effect while you use the aniwai Services or are a Member. You may terminate your Membership at any time without giving reasons by sending a deletion request to aniwai. aniwai.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 4–16.

3. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify aniwai.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial use by members

The aniwai Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by aniwai.com. Illegal and/or unauthorized use of the aniwai Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the aniwai Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the aniwai Services.

5. Proprietary Rights in Content on aniwai.com.

5.1. aniwai.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the aniwai Services. After posting your Content to the aniwai Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the aniwai Services, you hereby grant to aniwai.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the aniwai Services.

Without this license, aniwai.com would be unable to provide the aniwai Services. For example, without the right to modify Member Content, aniwai.com would not be able to digitally compress picture files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly show Member Content, aniwai.com could not allow Users to view pictures posted by Members. The license you grant to aniwai.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to aniwai.com), fully-paid and royalty-free (meaning that aniwai.com is not required to pay you for the use on the aniwai Services of the Content that you post), sublicensable (so that aniwai.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the aniwai Services), and worldwide (because the Internet and the aniwai Services are global in reach). This license will terminate at the time you remove your Content from the aniwai Services. The license does not grant aniwai.com the right to sell your Content, nor does the license grant aniwai.com the right to distribute your Content outside of the aniwai Services.

5.2. You represent and warrant that: (i) you own the Content posted by you on or through the aniwai Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the aniwai Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the aniwai Services.

5.3. The aniwai Services contain Content of aniwai.com ("aniwai.com Content"). aniwai.com Content is protected by copyright, trademark, patent, trade secret and other laws, and aniwai.com owns and retains all rights in the aniwai.com Content and the aniwai Services. aniwai.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the aniwai.com Content (excluding any software code) solely for your personal use in connection with viewing the aniwai Website and using the aniwai Services.

5.4. The aniwai Services contain Content of Users and other aniwai.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the aniwai Services.

6. Content posted

6.1. aniwai.com may delete any Content that in the sole judgment of aniwai.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. aniwai.com assumes no responsibility for monitoring the aniwai Services for inappropriate Content or conduct. If at any time aniwai.com chooses, in its sole discretion, to monitor the aniwai Services, aniwai.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

6.2. You are solely responsible for the Content that you post on or through any of the aniwai Services, including the wiki, and any material or information that you transmit to other Members and for your interactions with other Users. aniwai.com does not endorse and has no control over the Content. Content is not necessarily reviewed by aniwai.com prior to posting and does not necessarily reflect the opinions or policies of aniwai.com. aniwai.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the aniwai Services. aniwai.com reserves the right to investigate and take appropriate legal action against anyone who, in aniwai.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the aniwai Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of aniwai.com:

7.1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.2. harasses or advocates harassment of another person;

7.3. exploits people in a sexual or violent manner;

7.4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

7.5. solicits personal information from anyone under 18;

7.6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7.7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7.9. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";

7.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

7.12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

7.13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

7.14. includes a photograph of another person that you have posted without that person's consent; or

7.15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the aniwai Website and through your use of the aniwai Services. aniwai.com reserves the right to investigate and take appropriate legal action against anyone who, in aniwai.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

7.16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7.17. advertising to, or solicitation of, any Member to buy or sell any products or services through the aniwai Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the aniwai Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, aniwai.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which aniwai.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the aniwai Services, you acknowledge that you will have caused substantial harm to aniwai.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay aniwai.com EUR50 for each such unsolicited email or other unsolicited communication you send through the aniwai Services;

7.18. covering or obscuring the banner advertisements on your personal profile page, or any aniwai.com page via HTML/CSS or any other means;

7.19. any automated use of the system, such as using scripts to add friends or send comments or messages;

7.20. interfering with, disrupting, or creating an undue burden on the aniwai Services or the networks or services connected to the aniwai Services;

7.21. attempting to impersonate another Member or person;

7.22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

7.23. selling or otherwise transferring your profile;

7.24. using any information obtained from the aniwai Services in order to harass, abuse, or harm another person;

7.25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the aniwai Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top" friends, or sending private messages with a commercial purpose; or

7.26. using the aniwai Services in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of aniwai.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to aniwai.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the aniwai Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the aniwai Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. aniwai.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, aniwai, email:

Member disputes

You are solely responsible for your interactions with other aniwai.com Members. aniwai.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the aniwai Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Usage of the aniwai Wiki

The aniwai Wiki is a free online encyclopedia that can be viewed or changed by any user visiting the aniwai.com website, no matter whether a Member of aniwai.com or not. The terms and conditions of the usage of the aniwai Wiki coincide with the following terms and conditions provided by the Wikimedia Foundation, only applied on the aniwai.com Wiki articles and all its content:

11.1. Wikipedia general disclaimer

11.2. Wikipedia copyrights

11.3. Wikipedia privacy policy

11.4. GNU Free Documentation License

In case of a legal conflict between the conditions in the rest of this contract and the information provided by the points 11.1, 11.2, 11.3 or 11.4 the general conditions apply and the points 11.1, 11.2, 11.3, 11.4 are not valid. All other conditions remain unaffected by such a conflict. Please apply common sense.

In case that these links in 11.1, 11.2, 11.3 or 11.4 are changed ot unavailable their content still applies assuming the content of the date when those pages where available the last time.

12. Disclaimers

aniwai.com is not responsible for any incorrect or inaccurate Content posted on the aniwai Website or in connection with the aniwai Services, whether caused by Users of the aniwai Services or by any of the equipment or programming associated with or utilized in the aniwai Services. Profiles created and posted by Members on the aniwai Website may contain links to other websites. aniwai.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by aniwai.com. Inclusion of any linked website on the aniwai Services does not imply approval or endorsement of the linked website by aniwai.com. When you access these third-party sites, you do so at your own risk. aniwai.com takes no responsibility for third party advertisements which are posted on this aniwai Website or through the aniwai Services, nor does it take any responsibility for the goods or services provided by its advertisers. aniwai.com is not responsible for the conduct, whether online or offline, of any User of the aniwai Services. aniwai.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. aniwai.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the aniwai Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the aniwai Services. Under no circumstances shall aniwai.com be responsible for any loss or damage, including personal injury or death, resulting from use of the aniwai Services, from any Content posted on or through the aniwai Services, or from the conduct of any Users of the aniwai Services, whether online or offline. The aniwai Services are provided "AS-IS" and as available and aniwai.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. aniwai.com cannot guarantee and does not promise any specific results from use of the aniwai Services.

13. Limitation on Liability

IN NO EVENT SHALL ANIWAI.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ANIWAI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANIWAI.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ANIWAI.COM FOR THE ANIWAI SERVICES DURING THE TERM OF MEMBERSHIP.

14. Dispute

If there is any dispute about or involving the aniwai Services, you agree that the dispute shall be governed by the laws of the Bundesrepublik Deutschland, Germany, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the State of Germany. Either aniwai.com or you may demand that any dispute between aniwai.com and you about or involving the aniwai Services must be settled by arbitration utilizing the dispute resolution procedures of a German court, provided that the foregoing shall not prevent aniwai.com from seeking injunctive relief in a court of competent jurisdiction.

15. Indemnity

You agree to indemnify and hold aniwai.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the aniwai Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the aniwai Website or through the aniwai Services causes aniwai.com to be liable to another.

16. Other

This Agreement is accepted upon your use of the aniwai Website or any of the aniwai Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and aniwai.com regarding the use of the aniwai Services. The failure of aniwai.com 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. aniwai.com is a trademark of aniwai, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

ANIWAI.COM PRIVACY POLICY

About aniwai.com

aniwai.com is among other things a social networking service that allows its members to create their own unique and personal profiles and to communicate with other members within the network. aniwai members can view each others' profiles, communicate with old friends and meet new friends on the service, share photos, post journals and comments, and describe their interests. To enrich our members' experience, we request and display some personal information to other members and visitors, which allows our users to identify each other and expand their network of friends. aniwai members can change their profile information at any time and can control how other members and the service communicates with them.

aniwai.com cares deeply about online privacy. If you have any questions concerning this privacy policy, please email us at .

Information Collection and Use by aniwai.com

aniwai.com collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the aniwai.com service. aniwai.com also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other.

aniwai.com also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes

User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the aniwai.com social networking community. Email addresses are used for the purposes of inviting new friends to join aniwai, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network Users within a personal network communicate on aniwai.com with each other through the aniwai.com service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, aniwai.com allows users to search for other members using data you choose to provide.

We may also use a user's email address to send updates, a newsletter or news regarding the service. Users may choose not to receive email of this type by changing their "notification" setting to "Do not send me notification emails" in the user "Account Settings".

Use of Cookies

aniwai.com uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set - each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences - however, you must enable cookies from aniwai.com in order to use most functions on the site Please note that aniwai allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the aniwai Privacy Policy.

Links

aniwai.com contains links to sites. aniwai.com is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on aniwai.com.

Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums

Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Correcting/Updating or Removing Information

aniwai.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.

Email Choice/Opt-out

Members who no longer wish to receive updates or notifications may choose not to by selecting 'Do not send me notification emails' in the user profile 'Account Settings'. Users who do not wish to receive aniwai.com newsletters may choose not to by selecting 'Do not send me aniwai newsletters' in the user profile 'Account Settings'. All notification emails and aniwai.com newsletters also include the above instructions for opting-out of those communications in the future.

Third Party Advertising

Ads appearing on this Web site may be delivered to users by aniwai.com or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by aniwai.com and does not cover the use of cookies by any advertisers.

Security

aniwai.com member accounts are secured by member-created passwords aniwai.com takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time For any additional information about the security measures we use on aniwai.com, please contact us a

Sharing and Disclosure of Information aniwai.com Collects

Except as otherwise described in this privacy statement, aniwai will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by aniwai.com, whether or not a response is required by applicable law; (2) to enforce the aniwai.com Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. aniwai reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of aniwai or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

Changes in Our Privacy Policy

From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site for 30 days.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at: