Introduction
Waifu.co.za (“Waifu”, “we”, or “us”) provides our website accessible at Waifu.co.za (the “Site”) through which users can participate in an online community dedicated to enjoying anime, premium animation, sci-fi, fantasy, and media in all forms (the “Services”). Please read the following important terms and conditions (“Terms of Use”) carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and Waifu and apply to you whether you are a registered member or a visitor just browsing the Site (collectively, “Users”). These Terms of Use limit Waifu’s liability and obligations to you, grant us certain rights, and allow us to change, suspend, or terminate your access to and use of the Site and Services.
Acceptance of Terms
BY USING THE SITE, SERVICES, OR YOUR WAIFU ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER TO THAT BUSINESS.
1. Eligibility and Registration
To access certain features of the Site and Services, and to post any content on the Site, you will need to create an account and become a registered member. To become a member, you must be at least 16 years of age. When you register and set up your account, you must provide accurate and complete information and promptly update your account information with any new details. You authorize Waifu, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your account information.
You will not use false identities or impersonate any other person. Waifu reserves the right to require you to change your username for any reason and may do so at any time. You are responsible for safeguarding and maintaining the confidentiality of your username, password, and account information. You agree not to disclose your password to anyone and acknowledge that you are entirely responsible for all activities that occur under your account. You agree to immediately notify Waifu of any unauthorized use of your username, password, or account.
2. Access to Certain Content: Fees and Billing
Members may be able to access and/or purchase content through the Site or Services in various ways, including paying a membership fee to view certain content for a specified period (“Membership Fee”). Payments are non-refundable, and there are no prorated refunds of any fees upon termination or cancellation, except at Waifu’s sole discretion. You agree to immediately pay any outstanding amounts accrued upon termination. You authorize Waifu to collect fees by charging the payment method you provide, either directly or through a third-party online payment service.
Your access to content may start with a free trial. The free trial period lasts for seven (7) days, or as specified during sign-up. Free trials are for new and certain former members only. We reserve the right to determine your free trial eligibility at our sole discretion.
At the end of the free trial period, unless you cancel, we will begin billing your payment method for the monthly Membership Fee. We will continue to bill your payment method on a monthly basis until you cancel your membership. By starting your membership and providing a payment method, you authorize us to charge you a monthly Membership Fee at the then-current rate and any other charges you may incur.
We reserve the right to adjust pricing for our services or any components thereof at any time. Any price changes will take effect as outlined in the email notice to you.
You may cancel your membership at any time, and you will continue to have access through the end of your monthly billing period. If you cancel, your account will automatically close at the end of your current billing period.
3. Proprietary Rights and Licenses
- User Submissions: You retain all rights in your User Submissions. By uploading, posting, submitting, or otherwise transmitting any User Submissions on or to the Site or Services, you grant Waifu a non-exclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, and transmit your User Submissions in connection with the Services and Waifu’s business.
- Waifu Content: Waifu and its licensors own all rights, title, and interest, including all worldwide intellectual property rights in the Site, Services, and any content made available through the Site or Services, other than your User Submissions. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or related content.
4. Copyrighted Materials: No Infringing Use
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
5. Termination or Suspension of the Site or Services & Modification of these Terms of Use
Waifu reserves the right, in its sole discretion, to modify, discontinue, or terminate the Site or Services or to modify these Terms of Use without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after modifications have been posted, you accept and agree to be bound by the changes.
Waifu may suspend or terminate your account at any time and refuse to provide access to the Site or Services. Upon termination, your account will no longer be accessible, and Waifu will have no further obligation to provide the Site or Services.
6. Interactions Between Users
You are solely responsible for your interactions with other Users. Waifu does not screen Users and is not responsible for their actions. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet offline or in person.
7. Obligations for Users
You agree to use the Site and Services for lawful purposes only. You will not upload, post, submit, or otherwise transmit any User Submissions that are unlawful, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable in Waifu’s opinion.
8. Sweepstakes and Contests
Waifu may operate sweepstakes, contests, and similar promotions (“Promotions”) through the Site. You should carefully review the rules of each Promotion, as they may contain additional terms.
9. Ratings and Comments & Feedback
- Comments: You can rate and comment on content made available through the Site or Services. Waifu advises you to exercise caution and good judgment when leaving such Comments, as you could be held legally responsible for damages if your Comments are deemed defamatory.
- Feedback: We welcome and encourage feedback, comments, and suggestions for improvements to the Site and Services (“Feedback”). You acknowledge that all Comments and Feedback will be the sole and exclusive property of Waifu.
10. Indemnification
You agree to defend, indemnify, and hold Waifu and its affiliates, subsidiaries, and partners harmless from any claims, liabilities, damages, losses, and expenses arising out of your use of the Site or Services, your violation of these Terms of Use, or your infringement of any third-party rights.
11. Disclaimer
THE SITE, SERVICES, AND ANY CONTENT MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. WAIFU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WAIFU OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.
13. Governing Law and Forum
These Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New York, New York.
14. Arbitration
All disputes arising out of or in connection with these Terms of Use that cannot be resolved informally will be resolved through binding arbitration on an individual basis. Arbitration will be initiated through the American Arbitration Association (“AAA”). The rules of the arbitral forum will govern all aspects of this arbitration.
15. Force Majeure
Waifu will not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, or failure of the internet.
16. Relationship of the Parties
For all purposes of these Terms of Use, each party will act independently and not as a contractor, partner, joint venturer, agent, employee, or employer of the other.
17. Notice; Consent to Electronic Notice
You consent to the use of electronic means to complete these Terms of Use and to deliver any notices. Notices from Waifu will be delivered via email or by posting on the Site.
18. Links to Other Websites
The Site or Services may provide links to external websites. Waifu neither controls nor endorses these websites and is not responsible for any harms or losses you may suffer from using or accessing them.
19. Miscellaneous
If any provision in these Terms of Use is held invalid or unenforceable, the remaining provisions will remain in full force. Waifu may assign these Terms of Use without your consent. These Terms of Use constitute the entire agreement between Waifu and you.
20. No Unsolicited Submissions
Waifu does not accept unsolicited creative ideas, suggestions, or materials not represented by a reputable agent. Any unsolicited submissions will be discarded and not read.
21. Questions
If you have questions about these Terms of Use, please reach out via our contact form.
22. Copyright Infringement Notification
Waifu respects all copyright and license owners. If you are a content owner and would like us to help distribute your content, or if you would like your content removed from this website, please contact us following the instructions provided on the Site.
Notices should include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material.
- Your contact information, including address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.