Terms of Use and Service

PLEASE READ THESE TERMS OF USE AND SERVICES CAREFULLY. BY ACCESSING OR INTERACTING WITH THIS PROJECT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT. FAILURE TO ADHERE TO THESE TERMS WILL RESULT IN APPROPRIATE ACTION.

ELIGIBILITY

The terms in this document are eligible to all content creators as well as other parties that plan to make content using the Machibarusu Intellectual Property (IP). You represent and warrant that you have reviewed these terms and agreed to be bound by these terms presented in this document.

OWNERSHIP

Machibarusu Materials - This includes content including, without limitation, Machibarusu’s logos, and all designs, graphics, texts, pictures, data, audio and video files, information and any other types of files and the selections and arrangement thereof that are the proprietary property of Machibarusu and are protected by the French copyright law, European copyright law and international copyright laws.

Third-party content - This pertains to content that is owned, generated and/or operated by third parties that is not considered official Machibarusu material Machibarusu does not own, control or endorse any Third-party content and makes and holds no representation, warranties or accountability of any kind regarding Third-party content. You acknowledge and agree that Machibarusu is not responsible or liable in any manner for all Third-party content and that users who engage in such content do so at their own risk. You also acknowledge and agree that as a creator of such content, you will adhere to the terms stated below regarding content creation (refer to “CONTENT CREATION”) using the Machibarusu IP. Failure to adhere to the terms will result in appropriate action/s that will be taken against you.

LIMITED LICENSE

Machibarusu grants you a limited, non-sublicensable license to access and use the services/ materials provided for personal use only. This license is subject to the terms in this document and does not include: (a) any resale or commercial use of any services/ materials related/ pertaining to the Machibarusu IP; (b) the distribution, public performance/display of any official materials; (c) the modification or creation of derivative uses of official services and materials; (d) any use of services or material other than for their intended purposes. Any other use of the services and materials provided other than as specifically authorized herein, without prior written permission and consent of Machibarusu is strictly prohibited and will terminate the license granted. Such unauthorized use may also violate the following laws, including but not limited to:

• Copyright and Trademark laws
• Communications Regulations laws and statues
• Commercial laws
• Intellectual property laws

Unless explicitly stated, nothing in these terms shall be construed as conferring any license to intellectual property rights whether by implication or otherwise. Machibarusu has the right to revoke this license or change the details of this license at any time.

ACCEPTABLE USE OF MACHIBARUSU CONTENT AND SERVICES

GENERAL USE

You agree that your use of the Services, including the posting of Third-party content, will not violate any law, contract, intellectual property or Third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while engaging with Machibarusu and its content and services. You further agree not to:

• Use the services and content provided in any many that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying official Machibarusu content and services, or that could damage, disable, overburden or impair the functioning of the services in any manner;
• Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful or otherwise objectionable conduct;
• Attempt to indicate in any manner that you have a relationship with Machibarusu or that Machibarusu has endorsed you or any products and services for any purposes without prior permission and proof of relationship;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses, contact information and personal details of any Third-party members including those who engage with and consume content and services from Machibarusu;
• Attempt to reverse engineer or hack into any aspect of the services provided or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the services provided ( except as otherwise expressly permitted by law);
• Post, upload to, transmit, distribute, store, create or otherwise publish or send through any services viruses, corrupted data or other harmful, disruptive or destructive files;
• Develop any Third-party applications that interact with Official content or services without prior written consent from Machibarusu;
• Use any robot, iframe, spider, crawler, scraper or other automated means of interface not provided by us to access the services provided, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available by Machibarusu;

CONTENT CREATION

When creating Third-party content that uses the Machibarusu IP, you also agree to:

• Depict all characters in a way that does not violate any laws regarding, without limitation, cinematography, graphic arts and performance arts whether through nature of content or execution of content. This includes the depiction of characters that are officially filed as children or have child-like qualities/ attributes in works that are considered NSFW by nature, of which is strictly prohibited. NSFW works of characters otherwise are permitted but will not be promoted publicly by any official Machibarusu-related account.

COPYRIGHT USAGE/INFRINGEMENT NOTICES

Machibarusu respects the intellectual property of others. Hence do ensure that when using other IPs that you are abiding by their TOS regarding content creation. If you believe that your work has been copied in a way that constitutes copyright infringement by us, do contact us machibarusu.contact@gmail.com.

MODIFYING/TERMINATING SERVICES

Machibarusu reserves the right to modify, update or discontinue any of its services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our services at any time for any reason without notice, obligation or liability to you.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Usage of our services is at your sole risk. No oral or written information or advice given by Machibarusu and its representatives creates a warranty. The services provided are “as-is” without warranty of any kind. Machibarusu disclaims all warranties with respect to the services, express or implied, including, without limitation, any warranty of non-infringement, or the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, Machibarusu and it’s affiliated parties will not be liable to you for any special or consequential damages of any kind arising out of or relating to your access, use, misuse, or inability to use our services, even if Machibarusu has been advised of the possibilities of such damages. In any case, the Machibarusu’s parties aggregate liability to you in connection with any claims arising out of or relating to the services provided is limited to the amount you have paid for (if any) the services which are the subjects of such claims. If a law restricts our ability to limit liability or disclaim warranties, the aforementioned limitations may not be applicable to you. In that case, we will limit our liability and disclaim warranties to the greatest extent permitted by law.

INDEMNITY

If the Machibarusu parties are subject to any actual or threatened claims, costs, damages, losses or other liabilities, as a result of your use of any Machibarusu-affiliated services including content, then you agree to indemnify all Machibarusu parties and affiliates from the aforementioned and the related costs, such as reasonable attorney’s fees.

You further agree to indemnify all Machibarusu parties for the aforementioned losses arising out of or related to:

• Any Third-party content or content made officially for Machibarusu
• Any violation of the terms in the Terms of Service
• Any violations of any rights of other parties

Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

MISCELLANEOUS

If any part of these terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these terms, and the rest of the terms will remain intact. If we do not enforce any provision of these terms, that will not be considered a waiver of our rights. Any waiver of these terms must be obtained in a written document signed by an authorized representative of Machibarusu.

CHANGES TO THE TERMS

We may change these terms from time to time. If we do, We’ll provide notice of any changes, such as by posting the most recent version on our services and updating “Latest Announcements”. You can view the latest terms any time by clicking the “Terms of Use and Services” link on Machibarusu wiki. We encourage you to check for updates regularly. Your continued patronage and use of our services following any notice that we provide will confirm that you have agreed to the amended terms. If you do not agree to the amended terms, you should stop using the services provided and cease to engage with Machibarusu.