1. Binding Contract
We reserve the right to modify or discontinue the Site (or any portion of the ViewAsian Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site. You agree that ViewAsian shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Site (or any portion of the ViewAsian Services). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
2. Other Agreements
3. The ViewAsian Services
The quality of streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. In the event that streaming Content is impaired by the size of your cached memory files, you are responsible for clearing your cache periodically to resolve this issue. You are responsible for all Internet access charges. ViewAsian makes no representations or warranties about the quality of your instant watching experience on your display. You must be connected to the Internet throughout your streaming experience. The ViewAsian Services or specific Content may only be available in certain geographic locations and availability may vary by geographic location.
The ViewAsian Services uses software that is proprietary to ViewAsian to enable the real-time streaming of Content (ViewAsian Software). The ViewAsian Software is licensed to you by ViewAsian pursuant to these Terms solely for the purpose of using the ViewAsian Services and for no other purpose whatsoever. You are expressly prohibited from copying, reproducing, decompiling, reverse engineering, disassembling, modifying or creating derivative works of the ViewAsian Software or any portion thereof. Any unauthorized use of the ViewAsian Software is strictly prohibited and we reserve the right to discontinue provision of the ViewAsian Software at any time, without prior or any notice.
In response to requests from Providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may be removed from the ViewAsian Services or may cease to be available for streaming.
4. Billing and Payments
Unless otherwise specified on the Site, ViewAsian's price for the ViewAsian Services is set forth on the Site, however, such prices do not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that ViewAsian may be required to collect or pay upon the sale or delivery of the service purchased hereunder. Prices are, and all payments shall be made, in U.S. dollars.
If a ViewAsian Service is quoted at an incorrect price due to typographical error or error in pricing information:
ViewAsian has the right to refuse or cancel any orders placed for the service quoted at the incorrect price, even if ViewAsian has confirmed the receipt of your order and charged your credit or debit card; and
if ViewAsian has charged your credit or debit card but subsequently canceled your order, ViewAsian will promptly issue a credit to your credit or debit card account for the amount charged via the method you paid.
ViewAsian may offer you a limited free trial after you register an account with ViewAsian, and if ViewAsian does offer you a free trial you will receive free access to the ViewAsian Service for a seven (7) day period (the “Free Trial Offer”). At the end of such free trial period, ViewAsian will begin to charge you the Fees for the applicable ViewAsian Service. The Free Trial Offer may only be used once per registered account. ViewAsian reserves the right, in its absolute discretion, to withdraw or modify the Free Trial Offer and/or the terms and conditions of the Free Trial Offer at any time without prior notice
5. Gift Subscription Terms
Gift Subscriptions are pre-paid memberships to ViewAsian Pass that can be purchased by you and emailed to any person you wish to share the gift of ViewAsian with by redeeming it at http://viewasian.com/ Gift Subscriptions can only be used for ViewAsian Pass memberships and can not be used at any other retailer or redeemed for cash.
When you purchase a Gift Subscription, ViewAsian electronically delivers a redemption code (Code) to the e-mail address you provide for your intended recipient (Recipient).
Gift Subscriptions can be purchased in 3-month, 6-month, 12-months increments (plus applicable fees). Upon redeeming the Code, Recipient will receive access to the ViewAsian Pass service for the total number of months of the Gift Subscription (Gift Subscriptions Term). Upon expiration of the Gift Subscription term, Recipient’s access to the ViewAsian Pass service will be terminated unless the Recipient provides a credit card or other payment method accepted by ViewAsian (a Payment Method). If provided, Recipient's Payment Method will be charged for subsequent months (plus applicable fees) for continued access to the ViewAsian Pass service. If the Recipient has elected to cancel the ViewAsian Pass service before the monthly renewal date, the Recipient's Payment Method will not be charged.
Gift Subscriptions can be redeemed by users with an existing ViewAsian Pass account. They will receive a credit equal to the total number of months in the Gift Subscription. The Recipient’s account will be debited on their next billing cycle after expiration of the Gift Subscription Term.
Gift Subscriptions can only be redeemed once. Once a Gift Subscription is redeemed, the Recipient may not transfer or assign access to the ViewAsian Pass service to another person.
Gift Subscriptions are not refundable or redeemable for cash, either prior or subsequent to redemption, unless otherwise required by applicable law. Except as otherwise permitted by these Terms and Conditions, Gift Subscriptions may not be exchanged or used to offset any amount already owed to ViewAsian.
Gift Subscriptions do not expire, so please keep your Gift Subscription Code in a safe location as we are not responsible for lost or stolen gift subscriptions or subscription codes.
Gift Subscriptions are issued by ViewAsian, Inc. Gift Subscription may be used to access the ViewAsian Pass service only.
6. Social Sharing
7. Intellectual Property Ownership
Unless otherwise noted, the ViewAsian Services, and all Content available via the ViewAsian Services (excluding Subtitle Submissions and User Generated Content, as defined below), including, but not limited to, Movies or Events you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property, and the organization, compilation, look and feel, of the ViewAsian Services (collectively, the "Materials") are owned by ViewAsian or the applicable Provider and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between ViewAsian and you, all right, title and interest in and to the Materials (including all Content) will at all times remain with ViewAsian and/or its Providers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the ViewAsian Services, not to copy, reproduce, distribute, insert any code or product into, or manipulate the Content or the ViewAsian Services in any way, and not to use any data mining, data gathering or extraction method. ViewAsian reserves the right to terminate your access to the ViewAsian Services if it, in its sole and absolute discretion, believes that you are in violation of any restriction contained in these Terms or are engaged or assisting in violating the copyrights of ViewAsian or any Provider. ViewAsian does not promote, foster or condone, and expressly prohibits any and all infringing activity. The use of the ViewAsian Services is solely for your personal and non-commercial use. Please see our Intellectual Property Policy for more information about notifying us of the presence of any allegedly infringing Materials or Content on the ViewAsian Services.
ViewAsian and V.SCOOP are trademarks of ViewAsian. The ViewAsian logo and the V.SCOOP logo are trademarks of ViewAsian. The ViewAsian Services and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ViewAsian, Inc. The Facebook website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Facebook, Inc. Other trademarks, logos, movie or program names, images, personal likenesses, and celebrity names that are available in connection with any Content are the property of the respective Provider, which may or may not be affiliated with, connected to, or sponsored by ViewAsian. Any images of persons or personalities contained on the Site and user interfaces are not an indication or endorsement of ViewAsian or any particular product or our service unless otherwise indicated. The trademarks, service marks and trade dress of ViewAsian, Facebook, or any Provider may not be used or reproduced without prior written approval from ViewAsian, Facebook or the respective Provider.
You are permitted to use the ViewAsian Services and the Content for lawful purposes as provided in these Terms; any other use, misuse, distribution, reproduction, or copying of any Content is strictly prohibited. ViewAsian grants you a non-exclusive, limited, personal, non-transferable, revocable, license to use the ViewAsian Services to access and watch the Content, without right to sublicense, under the following conditions: you shall not:
copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content,
use any tradename, trademark, or brand name of ViewAsian in metatags, keywords and/or hidden text,
create derivative works from the Content or commercially exploit ViewAsian Services or the Content, in whole or in part, in any way,
use the ViewAsian Services, the Materials, any Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to ViewAsian, a Provider, or any third party associated with or appearing in any Content;
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site;
impersonate or misrepresent your affiliation with someone else;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Site;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site; or
use the Site to advertise or perform any commercial solicitation.
8. Subtitle Submissions
The Site may now or in the future permit the submission of text, subtitles, dubs or other communications submitted by you and other users (“Subtitle Submissions”) and the hosting, sharing, and/ or publishing of such Subtitle Submissions. Any opinions, advice, statements, services, offers, or other information contained in any Subtitle Submission expressed are those of the respective authors and not of ViewAsian, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall ViewAsian, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the ViewAsian Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ViewAsian Services.
In addition, you agree that the following restrictions shall apply with respect to any Subtitle Submission:
ViewAsian does not guarantee any confidentiality with respect to any Subtitle Submissions and shall have no liability to you for any content posted in a Subtitle Submission.
ViewAsian shall have the right, but not the obligation, to review Subtitle Submissions and delete any Subtitle Submission that violates these Terms or contains any of the following types of content (each a "Prohibited Submissions"):
Any Subtitle Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Subtitle Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Any Subtitle Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Subtitle Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Any Subtitle Submission that violates the Facebook Terms of Service agreement;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, spyware, Trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Subtitle Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ViewAsian or any Provider to any harm or liability of any type.
You shall be solely responsible for your own Subtitle Submissions (including text, subtitles, dubs or other communications or graphics submitted by you and other users and the consequences of posting or publishing them). You retain all of your ownership rights in your Subtitle Submissions. However, by submitting the Subtitle Submissions to ViewAsian, you hereby grant:
to ViewAsian and its successors and assigns a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license for the duration of protection of copyrights or other intellectual property rights attached to the Subtitle Submissions to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer all copyrights, inventions, and other intellectual property rights in the Subtitle Submissions in connection with the Site and ViewAsian's (and its successor's and assign's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any form and media formats and through any media channels; and
to all users of the ViewAsian Services a limited noncommercial license to modify and share the Subtitle Submissions within the ViewAsian Community in accordance with the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (http://creativecommons .org/licenses/by-nc-sa/4.0/) (“CC BY-NC-SA”). Please note that by granting this license, you are agreeing to the following license requirements:
Attribution: when you contribute Subtitle Submissions, you agree to be attributed in any manner provided by the ViewAsian Services;
No revocation: you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms for Subtitle Submissions, even if you terminate use of the ViewAsian’s Services;
Modifications or additions to Subtitle Submissions: when modifying or making additions to a Subtitle Submission that you have obtained from the Site, you agree to license the modified or added content under CC BY-NC-SA 4.0 or later. When modifying or making additions or any Subtitle Submission that you have obtained from the Site, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.
By using this site, you: (i) direct ViewAsian to store your Subtitle Submissions on our servers and systems solely at your instruction, and (ii) grant ViewAsian an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Subtitle Submissions for any purpose whatsoever, including but not limited to use that may be commercial in nature.
You acknowledge and agree that the ViewAsian Services is not and shall not function as an archive. ViewAsian shall have no liability to you or any other person for loss, damage, or destruction to your Subtitle Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Subtitle Submission.
If notified of an allegedly Prohibited Submission, ViewAsian may investigate the allegation and determine in its sole discretion whether to remove the Subtitle Submission, which it reserves the right to do at any time and without notice.
For clarity, ViewAsian does not permit use of the ViewAsian Services for copyright infringing activities. VIOLATORS OF THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. ViewAsian RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS.
9. User Generated Content
As a ViewAsian account holder you may submit Content to the ViewAsian Services (“User Generated Content”), including videos, user comments and other content. You understand that ViewAsian does not guarantee any confidentiality with respect to any User Generated Content you submit.
You shall be solely responsible for your own User Generated Content and the consequences of submitting and publishing your User Generated Content on the ViewAsian Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Generated Content you submit; and you license to ViewAsian all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Generated Content for publication on the ViewAsian Services pursuant to these Terms.
For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to ViewAsian, you hereby grant ViewAsian a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the ViewAsian Services and ViewAsian's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ViewAsian Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ViewAsian Services a non-exclusive license to access your User Generated Content through the Service, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the ViewAsian Services and under these Terms. The above licenses granted by you in User Generated Content you submit to the ViewAsian Services terminate within a commercially reasonable time after you remove or delete your User Generated Content from the ViewAsian Services. You understand and agree, however, that ViewAsian may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You hereby grant to ViewAsian a license to, directly or through the ViewAsian Community, create subtitles and add them into the User Generated Content.
You further agree that User Generated Content you submit to the ViewAsian Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ViewAsian all of the license rights granted herein.
You further agree that you will not submit to the ViewAsian Services any User Generated Content or other material that is contrary to the ViewAsian Community, applicable local, national, and international laws and regulations.
ViewAsian does not endorse any User Generated Content submitted to the ViewAsian Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ViewAsian expressly disclaims any and all liability in connection with User Generated Content. ViewAsian does not permit copyright infringing activities and infringement of intellectual property rights on the ViewAsian Services, and ViewAsian reserves the right to remove User Generated Content if properly notified that such User Generated Content infringes on another's intellectual property rights. ViewAsian reserves the right to remove User Generated Content without prior notice.
10. Digital Millennium Copyright Act
ViewAsian is committed to respecting and protecting the legal rights of copyright owners. As such, ViewAsian complies with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement in accordance with our Intellectual Property Policy.
11. Prohibited Conduct
use the ViewAsian Services for any purposes other than to view Content via the ViewAsian Services or share Subtitle Submissions using methods provided by ViewAsian;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (including Content);
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the ViewAsian Services accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the ViewAsian Services, or perform any other similar fraudulent activity;
delete the copyright notices or other proprietary rights on the ViewAsian Services or Content;
use the ViewAsian Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
use the ViewAsian Services for any commercial use, it being understood that the ViewAsian Services is for personal, non-commercial use only;
use the ViewAsian Services if you are under the age of 13 years old, or access portions of the ViewAsian Services which are for users over 17 years old if you are under the age of 17;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the ViewAsian Services, features that prevent or restrict use or copying of any content accessible through the ViewAsian Services or Content, or features that enforce limitations on the use of the ViewAsian Services or Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ViewAsian Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the ViewAsian Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the ViewAsian Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
If you register an account with ViewAsian, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to ViewAsian on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any Payment Method account number if applicable), then you agree to immediately notify ViewAsian. You may be liable for the losses incurred by ViewAsian or others due to any unauthorized use of your Account.
13. Consent to Electronic Communication and Service
14. External Links
These Terms apply to all users of the Site, including users who are also contributors of Content or Subtitle Submissions. The Site may contain links to third party websites that are not owned or controlled by ViewAsian. ViewAsian has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, ViewAsian will not and cannot control or edit the content of any third-party site. By using the Site, you expressly relieve ViewAsian from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions of each other website that you visit. If you do not have another agreement with ViewAsian, you may link to the home page (and no other page) of the Site from your website, subject to the following:
you may not frame the Site or any portion of the Site;
you are authorized to link only to the home page, and not to any other page in the Site;
you will not override or hinder the functionality of an end-user's Web browser's back function;
the link must be identified using a plain text rendering of the ViewAsian name and not any ViewAsian logo;
you may not use the link in any way that suggests that ViewAsian is associated with or endorses you or your website, without ViewAsian's prior written consent;
the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages ViewAsian or damages its reputation and goodwill; and
15. Termination; Terms of Service Violations
You agree that ViewAsian, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with ViewAsian or your use of the ViewAsian Services and remove and discard all or any part of your account, and any Subtitle Submissions, at any time.
ViewAsian may also in its sole discretion and at any time discontinue providing access to the ViewAsian Services, or any part thereof, with or without notice. You agree that any termination of your access to the ViewAsian Services or any account you may have or portion thereof may be effected without prior notice, and you agree that ViewAsian will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ViewAsian may have at law or in equity. As discussed herein, ViewAsian does not permit copyright infringing activities on the ViewAsian Services, and will terminate access to the ViewAsian Services, and remove all Subtitle Submissions or other content submitted by any users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the ViewAsian Services, (ii) any term of these Terms, (iii) any policy or practice of ViewAsian in operating the ViewAsian Services, or (iv) any Content or Submission, is to delete your account with the ViewAsian Services and discontinue use of any and all parts of the ViewAsian Services.
You agree to indemnify, save, and hold ViewAsian, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the ViewAsian Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. ViewAsian reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ViewAsian, and you agree to cooperate with ViewAsian's defense of these claims. ViewAsian will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ViewAsian, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, INCLUDING THE PROVIDERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ViewAsian OR THROUGH THE ViewAsian SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13 THE TERM ViewAsian INCLUDES ViewAsian' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT USE OF THE ViewAsian SERVICES IS AT YOUR SOLE RISK. THE ViewAsian SERVICES AND ANY materials, content, DATA, INFORMATION, THIRD-PARTY SOFTWARE, SUBTITLE SUBMISSIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ViewAsian SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
ViewAsian, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PROVIDERS DO NOT WARRANT THAT THE materials, content, DATA, SUBTITLE SUBMISSIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ViewAsian SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ViewAsian, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ViewAsian SERVICES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, content, MATERIALS, OR DATA THROUGH THE ViewAsian SERVICES SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ViewAsian, Facebook, or the providers, OR ITS or their AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ViewAsian SERVICES OR the facebook SITES, OR ANY OTHER INTERACTIONS WITH ViewAsian, EVEN IF ViewAsian OR A ViewAsian AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ViewAsian' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL ViewAsian, Facebook, the providers, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ViewAsian SERVICES OR YOUR INTERACTION WITH OTHER ViewAsian SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ViewAsian SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON THE FACEBOOK SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN ViewAsian AND RECEIVED THROUGH OR ADVERTISED ON THE FACEBOOK SITE OR RECEIVED THROUGH THE ViewAsian SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ViewAsian HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ViewAsian, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ViewAsian. ViewAsian WOULD NOT BE ABLE TO PROVIDE THE ViewAsian SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ViewAsian without restriction.
ViewAsian's failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. No Archive
The Site is not and shall not function as an archive. ViewAsian shall have no liability to you or any other person for loss, damage, or destruction to your information. You shall be solely responsible for maintaining independent archival and backup copies of your information.
23. United States Only
24. Changes and Updates to These Terms