Death Note Live-Action!!

Last Updated November 1, 2007

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES.  VIZ Pictures, Inc. (“VIZ Pictures”) provides its web sites and all site-related services (collectively, the “Sites”) subject to your compliance with the following terms and conditions (the “Terms of Use”).  BY USING ANY SITE(S), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE DO NOT USE THE SITES.  IF YOU ARE A MINOR, BE SURE TO GET YOUR PARENT OR LEGAL GUARDIAN TO REVIEW AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY ON YOUR BEHALF.

1. Description of the Sites.  These Sites are related to the characters and titles of the manga and animation products distributed or licensed by VIZ Pictures or its affiliated  and related entities.  Please note that the Sites are provided for use by individuals only.  Organizations, companies, and/or businesses may not become registered members and should not use the Sites or the Materials for any purpose.

2. Changes To the Sites and the Terms of Use. VIZ Pictures reserves the right, in its sole discretion, to modify or update these Terms of Use at any time.  Such changes or updates shall become effective immediately upon the posting of the changes or updates on the Sites.  Please review these Terms of Use periodically.  You can determine when the Terms of Use were last updated by referring to the “LAST UPDATED” legend at the top of these Terms of Use.  If you have any questions concerning the meaning or application of these Terms of Use, please direct such questions to: info@viz-pictures.com. In addition, when using the Sites, you agree that you are subject to any additional posted guidelines, rules, or terms and conditions applicable to services made available on the Sites, which are hereby incorporated by reference into this Agreement.

We also reserve the right, at any time and from time to time, temporarily or permanently, to modify or discontinue one or more Sites, or any portion thereof, including any features, products, promotions, content or services offered through the Sites, with or without notice and/or to offer opportunities to some or all users of the Sites.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any feature, product, promotion, content or service offered through the Sites.  Your continued use of the Sites after such changes will indicate your acceptance of such changes.

3. Registration.  You may be provided the opportunity to register to become a member of one or more of the Sites.  In some instances, VIZ Pictures may also require registration to gain access to certain Site areas or services.  If you choose to register on our Sites, you agree to (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form,and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites.  You may not include in your member profile any telephone numbers or street addresses.  You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.  You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party.  If you have reason to believe that your account with us is no longer secure, you must immediately notify us by email at info@viz-pictures.com.  YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Proprietary Rights in Materials on the Sites. VIZ Pictures and/or its licensors and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software,  including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the “Materials”) provided through the Sites.  The Materials are derived in whole or in part from material supplied by VIZ Pictures and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws.  No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices in tact or as provided by VIZ Pictures. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of VIZ Pictures’ and its licensors’ and suppliers’ copyright, trademark and other proprietary rights.

The trademarks, logos, and service marks displayed on the Sites (collectively, the “Trademarks”) are the registered and unregistered trademarks of VIZ Pictures, its licensors and suppliers, and others.  Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of VIZ Pictures, its licensors or suppliers, or the third party owner of any such Trademark.  Misuse of any Trademarks is prohibited, and VIZ Pictures will enforce its intellectual property rights in such Trademarks.

The Sites are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Sites for any purpose.

5. Submitted Content.  While using the Sites, you may have the opportunity to post or transmit to the Sites notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Submitted Content”).  By sending or transmitting Submitted Content to us, or by posting Submitted Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, make, have made, sell, offer for sale and import such Submitted Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party.  You hereby represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that the Submitted Content, and your provision thereof to and through the Sites, complies with all applicable laws, rules and regulations.  You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Submitted Content that you may have under any applicable law under any legal theory./p>

VIZ Pictures reserves the right, but has no obligation, to (a) evaluate Submitted Content before allowing it to be posted on the Sites, and (b) monitor the Submitted Content posted on the Sites.  You acknowledge and agree that VIZ Pictures may, in its sole discretion, (y) review, edit, reject, refuse to post and/or delete any Submitted Content; and (z) disclose any Submitted Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect VIZ Pictures and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Sites’ users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose.  Notwithstanding these rights, YOU REMAIN SOLELY RESPONSIBLE FOR THE SUBMITTED CONTENT THAT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES.

We neither endorse nor are responsible for information or content posted in the public areas of the Sites, or for any opinion, advice, information, or other statement made or displayed on the Site by third parties.  The opinions expressed in such postings reflect solely the opinions of the participants and may not reflect the opinions of VIZ Pictures.  We are not responsible for any errors, omissions or unauthorized content in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information.  Under no circumstances will we or our affiliates, suppliers or agents be liable TO YOU for any loss or damage caused by your reliance on such information obtained through the Sites.

6. Creative Submissions/Communications. VIZ Pictures does not accept or consider creative ideas, suggestions or materials other than those VIZ Pictures has specifically requested.  This is to avoid the possibility of future misunderstandings when projects independently developed by VIZ Pictures or its agents might seem to others to be similar to their own creative ideas, suggestions or materials.  If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed to be, and shall remain, the property of VIZ Pictures.  None of the Information shall be subject to any obligation of confidence on the part of VIZ Pictures, and VIZ Pictures shall not be liable for any use or disclosure of any Information.  You hereby assign to VIZ Pictures all right, title and interest in and to the Information, including all intellectual property rights now known or hereafter existing throughout the universe, and VIZ Pictures shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

7. Rules of Conduct on the Sites. We expect users of the Sites to respect the rights and dignity of others.  Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section:

a. You may not post or transmit Submitted Content (even if made in a joking, sarcastic or unintended manner) that:

* is patently offensive to the online community, such as Submitted Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    * harasses or advocates harassment of another person;
    * involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
    * expresses or implies that any statements you make are endorsed by us, without our prior written consent;
    * promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    * infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
    * promotes an illegal or unauthorized copy of another person's trade secrets or 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;
    * contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    * provides material that exploits people in a sexual or violent manner;
    * solicits personally identifiable information from anyone under 18;
    * harvests or collects information about Site visitors without their express consent;
    * provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    * contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission, or those of any minor (regardless of whether you have the minor’s or his or her legal guardian’s consent).
    * tries to gain unauthorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information from other users for purposes that are commercial, unlawful, or otherwise contrary to these Terms of Use;
    * engages in commercial activities and/or sales without VIZ Pictures’ prior written consent such as contest, sweepstakes, barter, advertising and pyramid schemes;
    * solicits gambling or engages in any gambling activity;
    * contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
    * interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services, such as “hacking” or defacing any portion of the Sites; or
    * refers or links to any website or URL that, in the sole discretion of VIZ Pictures, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

b. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Sites without VIZ Pictures’ prior written consent.

c. You must use the Sites and Materials in a manner consistent with any and all applicable laws and regulations.  Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of users of the Sites by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted.

d. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services.  You may not transmit any chain letters or unsolicited commercial or junk email to other users.  Although VIZ Pictures cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior express consent.  In order to protect our registered members from such advertising or solicitation, VIZ Pictures reserves the right to restrict the number of messages or emails that a member may send through the Sites to other registered members in any 24-hour period to a number that VIZ Pictures deems appropriate in its sole discretion.

8. Online Purchases.  If you wish to purchase products or services described on the Sites, you will be asked by VIZ Pictures or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information.  You understand that any such information will be treated by VIZ Pictures in the manner described in our Privacy Policy, which can be found here.  You agree that all information that you provide to VIZ Pictures or such third party provider will be accurate, current and complete.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes and shipping charges relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply VIZ Pictures’ endorsement of such products or services. VIZ Pictures reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you.  Verification of information applicable to a purchase may be required prior to VIZ Pictures’ acceptance of any order.  Price and availability of any product(s) is/are subject to change without notice.  Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. VIZ Pictures shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, acts or omissions of such advertisers or third parties on the Sites.

9. Contests and Sweepstakes, and Other Activities. VIZ Pictures may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by VIZ Pictures and in conjunction with third parties.  These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity.  To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

10. Hyperlinks.  The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by VIZ Pictures or its subsidiaries and affiliates of the opinions or views expressed by these linked sites. VIZ Pictures has no control over these linked sites, and is not responsible for the availability of such sites, and VIZ Pictures does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such linked sites.

YOU AGREE THAT YOUR USE OF LINKED WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

VIZ Pictures welcomes links to the Sites.  You may establish a link to the Sites, subject to the following express conditions: (a) the link from your site to the Sites does not state or imply any sponsorship or endorsement of your site by VIZ Pictures, its affiliates, or any company, group or individual affiliated with VIZ Pictures; (b) you may not reproduce or otherwise commercially exploit any Site or any intellectual property contained therein in any manner or medium whatsoever, nor may you allow or authorize others to do so;  (c) your site may not include, advertise or be associated with any of the following items: (i) “adult” or sex related items; (ii) tobacco products; (iii) alcoholic beverages; (iv) firearms, fireworks, ammunition and other weapons; (v) legal or illegal gambling; (vi) illegal drugs; (vii) unlawful, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar or obscene communications; (viii) computer worm, virus, hacking or spam; or (ix) any unlawful activity; (d) you do not use on your site any Trademarks or Materials appearing on the Sites, including but not limited to any logos or characters, without our prior express written consent or the consent of any third party owner of such Trademarks or Materials; and (e) you may not frame or otherwise incorporate into another website any of the Materials on the Sites without our prior express written consent.

11. Blog Pages. You are welcome to transmit or submit comments or email messages (collectively Messages) to our blog pages or other locations designated by us for such use (collectively "Blog Pages"). However, your submission is subject to the terms below and VIZ Pictures accepts no responsibility whatsoever in connection with or arising from such Messages, or any Messages posted by its employees.

VIZ Pictures does not endorse and has no control over the content of Messages submitted by others to Blog Pages. Messages submitted to Blog Pages, even if posted by VIZ Pictures employees, are not necessarily reviewed by VIZ Pictures prior to submiting or posting and do not necessarily reflect the opinions or policies of VIZ Pictures. VIZ Pictures makes no warranties, express or implied, as to the content of the Messages in the Blog Pages or the accuracy and reliability of any Messages and other materials in the Blog Pages.

You are solely responsible for the content of any Messages you submit to Blog Pages or to this Site. Please choose carefully the information you submit on this Site and that you provide.

VIZ Pictures assumes no responsibility for actively monitoring Blog Pages for inappropriate Messages. If at any time VIZ Pictures chooses, in its sole discretion, to monitor the Blog Pages, VIZ Pictures nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the person submitting any Message. In submitting Messages to Blog Pages, you agree to strictly limit yourself to discussions about the subject matter for which the Blog Pages are intended. You agree that VIZ Pictures accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

In addition, children under the age of 13 are not authorized to submit Messages or participate in Blog Pages on this Site, without parental permission.

The following is a partial list of the content that you are prohibited from submitting to Blog Pages or elsewhere on this Site. You agree that you will not submit Messages to Blog Pages or to this Site that:

* disclose personally identifiable information, such as your full name, email address, telephone number or street address;
    * are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
    * include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
    * violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Blog Pages, you represent to VIZ Pictures that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
    * improperly assume or claim the identity, characteristics or qualifications of another person;
    * are for purposes of spamming;
    * contain any virus or other harmful component;
    * are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
    * are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Despite these prohibitions on the content of Messages, information provided by other Persons may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VIZ Pictures assumes no responsibility or liability for this material. If you become aware of misuse of the Blog Pages by any person, please contact info@viz-pictures.com. VIZ Pictures reserves the right, in its sole discretion, to reject, refuse to submit or remove any submiting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Blog Pages at any time, for any or no reason, with or without prior notice, and without liability. You agree to release VIZ Pictures, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Blog Pages. If at any time you are not happy with the Blog Pages or object to any material within Blog Pages, your sole remedy is to cease using them.

You agree that any Message whatsoever submitted by you becomes the property of VIZ Pictures and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as VIZ Pictures sees fit. By submitting your message, you agree that VIZ Pictures, Inc., its affiliated companies, and their successors and licensees will have the unlimited right, without charge and for no consideration, to use any portion of your message (and your first name and city if you've submitted same) in all media now known or hereafter created worldwide and in perpetuity in connection with marketing, commercial use, advertising, promotion and publicity related to the business of VIZ Pictures.

12. Copyrights and Copyright Agent. VIZ Pictures respects the rights of all copyright holders and in this regard, VIZ Pictures has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, members and account holders who infringe the rights of copyright holders.  If you believe in good faith that materials hosted by the VIZ Pictures infringe your copyright under U.S. law, please provide VIZ Pictures’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    * Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    * Information reasonably sufficient to permit us to contact the complaining party;
    * A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    * A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice.  Please be aware that there are penalties for false claims under the DMCA.  Notices with respect to the Sites should be sent to:

Online Manager (Legal Matter)
VIZ Pictures, Inc.
295 Bay Street
San Francisco, CA 94133
(415) 345-1975

Email: info@viz-pictures.com

13. Access By Minors.  Pursuant to 476 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at the web site of America Links Up (http://www.netparents.org/parentstips/browers.html).

14. User Disputes.  You are solely responsible for your interactions with other users. VIZ Pictures reserves the right, but has no obligation to monitor communications and any disputes between you and other users.

15. Disclaimers and Limitation on Liability.  Your use and browsing of the Sites is at your risk.  If you are dissatisfied with anything contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.

VIZ Pictures 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, user or member communications. VIZ Pictures 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 email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Sites.  Under no circumstances will VIZ Pictures be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites or any Materials posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. VIZ Pictures cannot guarantee and does not promise any specific results from use of the Sites.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER VIZ Media NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF VIZ Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  THE MAXIMUM LIABILITY TO VIZ Media FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. U.S. Export Controls.  Materials downloaded from the Sites may be subject to United States export controls.  No Materials may be downloaded from the Sites or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using any Materials from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Geographic Limitations.  Unless otherwise specified, Materials available through the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States.  The Sites are controlled and operated by VIZ Pictures from its offices within the State of California.  The Sites are intended exclusively for residents of the United States.  We reserve the right to limit the availability of the Sites and/or the provision of any service, program, or other product described upon the Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide.  Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States.  VIZ Pictures makes no representation that Materials available through the Sites are appropriate or available for use in any particular location.  Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. Applicable Law; Disputes.  These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California, without giving effect to its choice of law or conflict of law provisions.  You agree that the state and federal courts sitting in San Francisco, California shall be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action.  You hereby consent to personal jurisdiction and venue in Northern California and service of process by certified mail.

19. Indemnification.  You agree to indemnify, defend and hold harmless, VIZ Pictures, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) your use of, or activities in connection with, the Site, or (b) any violation of these Terms of Use by you. VIZ Pictures reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with VIZ Pictures in asserting any available defenses.

Questions.  The Sites are provided by VIZ Pictures, Inc.  If you have any questions, comments or complaints regarding these Terms of Use or the Sites, please contact:

Online Manager
295 Bay Street
San Francisco, CA 94133
(415) 345-1975

Email:  info@viz-pictures.com

20. Notice for California Users.  Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Termination.  These Terms of Use shall remain effective until terminated in accordance with their provisions. VIZ Pictures reserves the right to immediately terminate these Terms of Use, and/or your access to and use of the Sites or any portion thereof, at any time and for any reason, with or without cause, including without limitation, if VIZ Pictures believes, in its sole discretion, that you have violated or acted inconsistently with these Terms of Use.  Upon such termination, your right to use the Sites shall immediately cease, and you shall destroy all Materials obtained from the Sites and all copies thereof, whether made under these Terms of Use or otherwise.

22. Other.  These Terms of Use contains the entire agreement between you and VIZ Pictures regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision or portion of a provision of these Terms of Use is held invalid, the remainder of this agreement and, if applicable, the affected provision shall continue in full force and effect.  No waiver by either party of any breach of default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default.

Last Updated: November 1, 2007

INTRODUCTION               [Special Note to California Customers]

VIZ Pictures, Inc., (“VIZ Pictures”) is committed to providing a fun, safe and secure website for people of all ages. We are dedicated to safeguarding all personally identifiable information collected online in accordance with this Policy and to helping our visitors learn how to exercise control over personally identifiable information while exploring the Internet. Because many visitors to this site are children, we take care that children access only the content that is appropriate for them. In addition, we employ special measures to help children protect their privacy while online. Our practices with respect to the personally identifiable information of children are explained in Section VI below.

To help ensure a rewarding online experience for all visitors, we provide this summary of the information practices of VIZ Pictures. This privacy notice governs the collection and use of information at all web sites owned and controlled by VIZ Pictures including, without limitation:

www.viz-pictures.com
www.vizcinema.com
www.jpopcenter.com
www.myspace.com/vizpictures
www.hulagirls-movie.com
www.myspace.com/gacktdvd
www.pingpong-movie.net
www.ttt-movie.com
www.linda-movie.com
www.trainman-movie.com
www.kamikazegirls.net
www.honeyandclover.us
www.lovecomthemovie.com
www.deathnotefilms.com
www.nanathemovies.com
www.myspace.com/honeyandcloverthemovie
www.myspace.com/pingpongthemovie
www.myspace.com/lovecomthemovie
www.myspace.com/hulagirls_themovie
www.myspace.com/maikohaaaanthemovie
www.myspace.com/deathnotethemovie
www.myspace.com/travelingwithnara
www.myspace.com/nanathemovie
www.jpopcenter.com
www.vizcinema.com
www.maikothemovie.com
www.travelwithnara.com

(collectively the “Sites”).  As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time.

I. The Information We Collect

At Our Sites, we do not collect personally identifiable information unless our visitors voluntarily provide it to us. For some activities, such as completing online polls or surveys, we may ask visitors to provide information such as first and/or last name, city or state of residence, age, gender, or a favorite title or character.  For some other activities, such as entering sweepstakes or contests, participating in forums, sign-ups, chats or bulletin boards or subscribing to our magazines, web sites or e-mail newsletters or requesting us to make products, services or information available to you, we may ask visitors to provide a first and/or last name and e-mail address. For other activities, such as sending an electronic postcard, e-mail to a friend, or refer a friend, we may also ask for personally identifiable information about other people. This is usually limited to a first name and e-mail address. E-mail addresses collected to send an electronic postcard or e-mail to a friend are used only for the purpose of transmitting the requested postcard or e-mail.  For some limited activities, campaigns, or offers, intended for parents and adults, we may ask a parent or adult to provide their name, address, e-mail address, telephone number, fax number, credit card information, cable or satellite provider, and/or information about their interests in and use of various products, programs, and services.

Visitors who order merchandise or other materials from one of our store websites (e.g., store.viz.com, narutostore.viz.com) will be directed prior to purchase to the web site of our outside e-commerce partner, where they will be required to provide their full name, billing and mailing addresses, e-mail address, telephone number and a credit card number. If the order is being shipped to a third party, we will also need the recipient's name and mailing address may be collected by us and/or our third party e-commerce partner.  On occasion, we might solicit additional voluntary information regarding shoppers' personal shopping preferences.  (Please see discussion below about Third party sites).

For specific one-time requests we receive from visitors, e-mail addresses are collected and used only in connection with the specific one-time request.  For example, for sweepstakes and contests, e-mail addresses are collected for the purpose of entering online sweepstakes or contests and are used to notify winners of the sweepstakes or contest by e-mail. In addition, a contest or sweepstakes participant or visitor to Our Sites may be asked to provide personally identifiable information in connection with any subscriptions, sign-ups or items purchased through Our Sites.  Sweepstakes or contest winners may be required to return completed prize Affidavit of Eligibility,  Liability Release and/or similar forms by facsimile or U.S. mail within a designated time period (along with the signature of a parent or legal guardian for all minors).

When visitors come to our Sites, we automatically collect some non-personally identifiable information such as the type of computer operating system (e.g., Windows 2000 or Mac OS) and browser (e.g., Netscape, Internet Explorer) being used, and the domain name of the Internet service provider (e.g., America Online, Earthlink).

II. How We Use the Information

We generally use visitors' personally identifiable information for the purposes for which it was provided, such as enabling visitors to enter our online contests or sweepstakes or to subscribe to an online newsletter or to order from our e-commerce sites. VIZ Pictures may also use personally identifiable information provided by vistors at our sites or by shoppers at or through related e-commerce sites to send them, by e-mail or direct mail, notification of special offers, sale events, or birthday reminders. We may disclose personally identifiable information of parents or adults to selected third-party companies that want to contact you in connection with other initiatives or marketing products or services that we believe may be of interest to you. This policy does not cover the privacy practices of these companies or other third parties.

California Customers:
Individual California residents may specifically request information about our disclosures, if any, of certain categories of personally identifiable information to third parties for their direct marketing purposes.  Such requests must be submitted to us either by email at the email address or mailing address set forth above.  Within thirty (30) days of receiving such a request, we will provide a list of the categories of personally identifiable information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.  This request may be made no more than once per calendar year.  We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified above.

When visitors submit personally-identifiable information about other individuals through our Site, we use that information [only] for the purpose for which it was provided, such as sending them electronic postcards or e-mail or shipping gifts purchased on or through our e-commerce sites.

Other than such information relating to the Winners, we do not keep any personally identifiable information we obtain through a contest or sweepstakes after we have successfully selected a winner(s), awarded the prize(s), and administered the contest or sweepstakes. We only use the e-mail addresses of subscribers to e-mail newsletters to send them the requested newsletter(s). Each newsletter also includes instructions for subscription removal via return e-mail.

Sometimes, we use agents, licensees or contractors to provide services to our visitors, such as helping us conduct a sweepstakes, sending prizes to winners, shipping or handling customer orders made on or through our e-commerce sites. In these cases, we require the agent, licensee or contractor to keep the information confidential and to use it only for the specific services they are performing. We sometimes use non-personally identifiable information that we collect to improve the design and content of Our Sites, and to improve our visitors' experience on Our Sites. We also may aggregate this information for marketing analysis, surveys, service evaluation, planning and/or to analyze site usage, as well as to offer products, programs, or services.  Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where we advise users or the possibility of such disclosure at the time they take the survey, we reserve the right to disclose text information provided by any user through such survey, provided that no personally identifiable information for that user is disclosed.

We may also disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal or unauthorized activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing Our Sites and applicable laws, or as otherwise required or permitted by law. In addition, we may transfer personally identifiable information about you if we or one of our business units acquire, or are acquired by, sold to, or merged with another company.  For example, we may use your information to complete transactions requested by you (such as your purchase of a product or service offered on Our Sites), or to enforce our Terms of Use, to send you administrative communications either about your purchases, subscriptions and/or account(s) with us or about features of Our Sites, including, without limitation, any future changes to this Privacy Policy.

We will not use or transfer personally identifiable information about children under 13 in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

III. Cookies, Web Beacons and Opt-Outs

Our Sites use a software technology called cookies. Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this web site to personally identifiable information that the visitor has provided, such as an e-mail address, we do not use cookies for this purpose with one exception: for some activities, we use session cookies to ensure that visitors under the age of 13 provide a parental email address to assist with our compliance with the Children's Online Privacy Protection Act (COPPA). We do use cookies to determine how many visitors we have and how often they visit various sections of Our Sites.

Web beacons are small pieces of code placed on a web page to track or monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this site from time to time for this and other purposes.

Users may receive site notifications, newsletters or other information via email.  Users may remove themselves from such services at their discretion.  Any email sent to an opt-out list will include directions for how a user may remove him or herself from the list or a URL where the user may find such directions.

In some cases, users may have the opportunity to use Our Sites to send electronic mail to another user or email list.  In such cases, a user’s valid email address and real name will be included with such messages.  In order to prevent abuse, users may opt-out of such a display, but may choose to refrain from using said Service to transmit an email message.

In cases where users voluntarily and publicly disclose personally identifiable information on Our Sites, such personally identifiable information will be available to other visitors to Our Sites.  An example of such a disclosure includes, but is not limited to, a user’s disclosure of personally identifiable information as part of a message posted to a public message forum.  We cannot be responsible for personally-identifiable information that you choose to post or disclose on Our Sites, and encourage you to use discretion in sharing any information on Our Sites.

IV. Collection of Information by Third-Party Sites, Sponsors and Ad Servers

Our site contains links to other sites, including those of sponsors, licensees, partners, vendors and advertisers (collectively Third Party Sites), whose information practices may be different from ours. Sometimes these sites might conduct contests or sweepstakes that are promoted by us or on Our Sites. VISITORS SHOULD CONSULT THESE THIRD PARTY SITES' PRIVACY NOTICES AND POLICIES, SINCE THESE SITES ARE NOT COVERED BY OUR PRIVACY POLICY AND MAY FOLLOW DIFFERENT PROCEDURES.

Additionally, we and Third Party Sites may use third parties to serve or to present the ads that appear on our site and to conduct research about the advertisements. These third party ad servers may use cookies, web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the effectiveness of advertisements or other material. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our privacy policy.

V. Security

We have put in place reasonably appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

We are particularly sensitive to visitors' security concerns regarding the use of credit cards to purchase products over the Internet. For orders placed on or through our e-commerce sites, a technology is used that automatically encrypts credit card data while information is being transmitted over the Internet, provided that the visitor's browser supports the Secure Socket Layer protocol (SSL).

To verify the security of your connection, check the outside corners of your browser window or the page where personally identifiable information is provided for e-commerce (such as the check-out or shopping cart pages). If you see an unbroken or a closed lock, then SSL is active and the server is secured by SSL. You may also check by looking at the URL line of your browser.

VI. Privacy Practices Concerning Information About Children

If a child under thirteen seeks to participate in an activity on Our Sites that requires the collection, retention, and/or use of personally identifiable information, the terms of Sections I-V of the Privacy Policy regarding the categories of personally identifiable information, how personally identifiable information may be used, the types of third parties may receive data and the purposes of that sharing, apply to this Section VI, however, we will ask for a parent's e-mail address prior to collecting such personally identifiable information from the child.  We will use the parent’s e-mail address to request consent for the child’s participation in that activity.  The parent may consent to the collection and use of the child’s personally identifiable information without also consenting the disclosure of that personal information to third parties.  We do not ask children to disclose more personally identifiable information than is necessary for them to participate in a particular activity, and we take steps to prevent children from posting contact information on Our Sites.

The information described in this Section VI is collected by VIZ Pictures, Inc., 295 Bay Street, San Francisco, CA 94133; (415) 345-1375 or info@viz-pictures.com.

As a parent, you have the right to access, modify, or request the deletion of any of the personally-identifiable information that any of Our Sites has collected from your child.  Please send a letter or postcard to our VIZ Pictures Privacy Manager at the mailing address provided below if you would like to do any of the following: access personally identifiable information that any of Our Sites has collected online from your child, correct factual errors in such information, request to have this information deleted, request that we cease to share your child’s personal information with third parties, or request that we no longer collect or maintain such information.  Please be sure to include your e-mail address and a telephone number where we can reach you. To protect your child's privacy and security, we will take reasonable steps to verify your identity before granting you access to the personally identifiable information that we collect and maintain about your child.

The Internet offers a world of opportunity for children. As a parent, your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites, and will go a long way toward ensuring that your children have enriching online experiences.

VII. Contact Us

If you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact us at the following e-mail address, mailing address and telephone number:

If email: info@viz-pictures.com

Mailing Address (Postcards only, please):
Online Manager (Privacy Issue) VIZ Pictures
295 Bay Street
San Francisco, CA 94133
(415) 345-1675

VIII. Updates

From time to time, we may update this privacy notice, you can always tell the last date this privacy policy was updated by checking the data at the top of the privacy policy. We will notify you about material changes in the way we treat personally identifiable information by posting a revised policy on our Site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and to whom we disclose it.