For purposes of this Agreement, Prince Diamond’s NegaMoon Zone, LLC (the "Site") (also herein referred to as any website maintained by PDNMZ, LLC, which includes Prince Diamond’s NegaMoon Zone (PDNMZ), The Asian Karaoke Idol Invitational (TAKII), Asian Multimedia Entertainment Network (AMEN), Passions: Bishoujo Senshi SailorMoon (Passions: BSSM), & Shoppe X-Perience (SX-P)) is a home grown organization that "promotes Asian culture appreciation via diverse & innovative initiatives". BY ACCESSING ANY OF ITS SITES, YOU AGREE TO BE BOUND, IN THEIR ENTIRETY, BY THE NON-NEGOTIABLE "TERMS & CONDITIONS" SET FORTH BELOW (IN ADDITION TO ANY "RULES & REGULATIONS" MADE AVAILABLE & ALL REVISIONS THEREOF) AS A LEGALLY-CONSENTING ENTITY (WITH PARENTAL/GUARDIAN PERMISSION AS APPROPRIATE). ANY VIOLATIONS HEREUNTO WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
1. Copyright, Licenses, & Idea Submissions
The entire contents of the Site are protected by international copyright & trademark laws. The owners of the copyrights & trademarks are PDNMZ, LLC, its affiliates, & other 3rd party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE &/OR SOFTWARE. You may print & download portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to PDNMZ, LLC a non-exclusive, royalty-free, worldwide perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, & publicly perform any materials & other information (including, but not limited to, ideas contained therein for new or improved products & services) you submit to any public areas of the Site (such as bulletin boards, forums, & newsgroups) or by email to PDNMZ, LLC in any media now known or hereafter developed. You also grant to PDNMZ, LLC the right to use your name in connection with the submitted materials & other information, as well as in connection with all advertising, marketing, & promotional material related thereto. You agree that you shall have no recourse against PDNMZ, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PDNMZ, LLC. Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or service marks of PDNMZ, LLC. Other product & company names mentioned in the Site may be the trademarks of their respective owners.
2. Use Of The Site
All communication & support provided by PDNMZ, LLC will only officially be honored in English; all other endorsed languages, actively & passively, are secondary. Additionally, you agree that any transactions with PDNMZ, LLC which include (but are not limited to) the exchange of monies & services are not only considered valid & accurate, but are also irreversible & non-transferrable, unless otherwise permitted by PDNMZ, LLC. You understand that, except for information, products, or services clearly identified as being supplied by PDNMZ, LLC, PDNMZ, LLC does not operate, control, or endorse any information, products, or services on the Internet in any way. You also understand that PDNMZ, LLC cannot & does not guarantee or warrant that files available for downloading through the Site will be free of infection from viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures & checkpoints to satisfy your particular requirements for accuracy of data input & output & for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY & RISK FOR YOUR USE OF THE SITE & THE INTERNET. PDNMZ, LLC PROVIDES THE SITE & RELATED INFORMATION "AS IS" & DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (UNLESS STATED OTHERWISE BY PDNMZ, LLC). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, & USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, & OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET ITSELF. PDNMZ, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. PDNMZ, LLC HAS NO CONTROL OVER & ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. IN NO EVENT WILL PDNMZ, LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, & THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF PDNMZ, LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE &/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PDNMZ, LLC's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. PDNMZ, LLC makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-PDNMZ, LLC website, please understand that it is independent from PDNMZ, LLC & that PDNMZ, LLC has no control over the content on that website. In addition, a link to a PDNMZ, LLC website on a non-PDNMZ, LLC page does not mean that PDNMZ, LLC endorses or accepts any responsibility for the content on that page/site in question.
You agree to indemnify, defend, & hold harmless PDNMZ, LLC, its officers, directors, employees, agents, licensors, suppliers, & any 3rd party information providers to the Service from & against all losses, expenses, damages, & costs, including reasonable attorneys fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. 3rd Party Rights
The provisions of paragraphs 2 (Use Of The Service) & 3 (Indemnification) are for the benefit of PDNMZ, LLC & its officers, directors, employees, agents, licensors, suppliers, & any 3rd party information providers to the Service. Each of these individuals or entities shall have the right to assert & enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by PDNMZ, LLC, at its own discretion, with or without notice. The provisions of paragraphs 1 (Copyright, Licenses, & Idea Submissions), 2 (Use Of The Service), 3 (Indemnification), 4 (3rd Party Rights), & 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed & construed in accordance with the laws of Upper Darby, Pennsylvania, USA. You agree that any legal action or proceeding between PDNMZ, LLC & you for any purpose concerning this Agreement shall be brought exclusively to a federal or state court of competent jurisdiction sitting in Upper Darby, Pennsylvania, USA. Any cause of action or claim you may have with respect to the Service must be commenced within 28 days of the incident in question (or PDNMZ, LLC will reject the attempted escalation). PDNMZ, LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PDNMZ, LLC may assign its rights & duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved & can be expressed by the "Rules & Regulations" of any PDNMZ, LLC-produced site.