I. Introduction To Imaxity.com
1. Welcome to Imaxity.com. Imaxity and its team would first like to begin by thanking you, the reader, for taking the time out to read our rules and regulations about the website.
3. At any given time, date, month or year, the web-master and owner, Clefawn Holland III, CEO and co-founder of Imaxity, who controls the website, has the right to change or modify these terms & conditions. It will be the responsibility of the site to notify participating active users about these changes via registered e-mail.
4. Imaxity is trying to bring a new fun way to read and enjoy anime or any web-comic and creative videos that anyone out there in the world wants to share, to build a unique following, to watch new anime content worldwide, and to present a new website business that can help creators fund their web mangas,web-comics and/or shows displayed on a new platform format on Imaxity.com.
5. The term Imaxity.com in this content refers to the team behind the website including the CEO of Imaxity.com. The term author or creator refers to any person who decides to create an account with Imaxity.com. Funder or benefactor refers to anyone who decides to freely contribute any monetary donation to and/or purchase anything from Imaxity.com.
1. All participants and account holders should be at least 18 years of age and over, or at least approved by a legal guardian. You are responsible for your account and all activities, contents, uploads, and posts that get displayed in it.
2. To use any of the site functionalities, you must register to create an account. Choose an account name, make a password, confirm it and you should be good to go.
3. The information you give to the website must be true and accurate. We do not tolerate impersonating anyone else but yourself or who you are representing.
4. Please keep your account information confidential. If you feel that your account has been tampered with, hacked or spammed, Imaxity.com is here to help you. Your business is very important to us. Please feel free to contact Contact@imaxity.com
5. Imaxity may contain links to other third party websites. However, Imaxity.com is not owned, controlled, nor run by any other company or website.
6. By accepting these terms, you also agree not to upload, post content and/or distribute copyright material that is not your own. Claiming it as your own breaches this section of the Terms & Conditions which will lead to consequences including warning, suspension, termination and/or complete deletion of your account. Please understand that Imaxity, as a website team, is not liable for the hard-earned work of others, especially if the account user intends to make a profit. It is not acceptable on the site's behalf.
III. Rules & Regulations
1. Please do not lie, scam, break the law, abuse the website, steal data, hack into others' accounts, con people out of their money, and most especially, spam comments on the site via technological bots. If, by any chance, there is enough evidence and proof of wrongdoing, the webmaster will not hesitate to take legal action against you. Imaxity.com will not tolerate such criminal behavior.
A. Lying You agree not to post information that you absolutely know is false, misleading, or inaccurate.
B. Prohibited Items Shall Not Be Offered Do not offer any benefit that is illegal, violates any Imaxity policy, rule, or guideline, or violates any applicable law, statute, ordinance, or regulation, through our crowd-funding feature. More details about it in Section IV.
C. Victimizing Anyone is Unacceptable Do not do or say anything abusive, defamatory, libelous, obscene to another user. Respect each other's privacy at all times.
D. Spamming We all hate spam so let's try to keep the site spam-free as possible. Please do not distribute unsolicited or unauthorized advertisement, promotional material, junk mail, or chain letters. Do not run mail lists servers or any kind of auto-responder on or through Imaxity.com.
E. Abusing other user's Personal Information is not Allowed Imaxity.com understands that we may not have full control over this situation. However, we try to contain it. When you use Imaxity.com's crowd-funding feature and eventually create a successful fund-raising campaign to reach your goal, you may acquire some personal information about other users such as their names, email addresses and/or postal addresses. These information are only provided to serve the purpose of participating in Imaxity's crowd-fund. Do not use them for any other purpose. Please do not abuse others' personal information.
F. Site Security System Do not try to interfere with effective operational service. Do not take apart or reverse engineer any aspect of Imaxity in an effort to acquire source codes, underlying ideas, algorithms, and the like.
IV. Conditions of the Crowd-Funding Feature
1. Imaxity offers a crowd-funding feature for comics and anime production projects to give the users a chance to have their works animated by professionals.
A. Manga to Anime Once you are accepted or confirmed as a partnered user on Imaxity.com, you can start posting a manga-to-anime or a web-comic-to-cartoon production project. You also agree to form a contractual agreement with your benefactor or funder.
B. Authors & Funders/Beneficiary Agreement Any funder, benefactor or registered user on Imaxity.com who contributes to an author's crowd-fund accepts the offer of the latter. It counts as a written contract and is a binding legal agreement between the author and the funder or benefactor.
C. Agreement Between Author & Beneficiary Imaxity.com does not take part in any negotiation between an author and a funder/benefactor. Imaxity will not be held liable and responsible for any deal made between the two parties.
D. Successful Campaigns When campaign funds or goals have been met, it will then be at the discretion of the site, Imaxity.com, to go into production with a third party studio and materialize the work of the author.
2. BE AWARE OF POSSIBLE CROWD FUND CANCELATION. EVEN IF GOALS IS MET.
A. Seven to Ten Business Days to Send Information Congratulations! You have achieved your goal and all set to go into production for episode one. You want to do it right away. But, hold on! Once you meet your goal, you have seven to ten business days to send Imaxity.com a thirty-to-forty-page copy of your manga or web-comic, with the script included, which we can use for the storyboards. If you fail to send the copy within the specified time duration, we reserve the right to refund your funders/benefactors their respective donations as well as proceed with the cancellation of your project.
B. Negligent If you ignore us by not responding to our emails or by not answering our calls, as well as exhibit ways deemed to convey a message that you are avoiding us, we reserve the right to refuse and cancel your project. The donations of your funder/benefactor will be refunded.
C. No Copyright Characters Once your manga-to-anime production project has been successfully funded, you agree that you will not include any copyright character in your story or script.
[Example Exhibit C-1]
"Goku from DragonBall Z in a fight versus Luffy from One Piece" A production like this cannot continue since the rights and ownership of these characters are owned by a studio. As a result, your project will be canceled and donations will be refunded. Do not use other characters from other shows. As an exception to this condition, though, if you choose to use these characters just to have fun with them in your manga as a fan service with no intent, whatsoever, to campaign for a manga- to-anime crowd-fund, that's perfectly OK.
D. Time Clock Deadline We give each author a timer clock of one year minimum to reach his or her goals. Imaxity.com wants you to succeed through any means necessary without breaking the rules or regulations stated in this site. But, once the timer clock runs out and you do not request more time, it will come across as if you have given up on your goal and/or decided to quit the campaign all together. In this case, your project will be canceled and donations from funders/benefactors will be refunded.
E. Infeasible Feat An infeasible feat is something that we at Imaxity.com do not want to happen but can possibly take place. It is a situation that we cannot control or a project that is impossible for us to accomplish. An infeasible feat can lead to funders/benefactors getting their money back or even possibly not getting them back, at all. In most cases, an infeasible feat is where the author or creator is at fault, typically unable to cooperate with us. You agree that, if by any chance, an infeasible feat occurs, Imaxity.com reserves the right to immediately cancel the author's production project. Imaxity.com will notify the funders/benefactors about the occurrence of an infeasible feat through e-mail. To learn more about infeasible feat, see Roman Numeral IV statement 3 under letter C.) Exhibit C-1 for an example.
See roman numeral IV statement 3 under letter C.) Exhibit C-1 of examples.
F. No Pornography Crowd-Funding Campaigns Pornography manga-to-anime production project can lead to immediate cancellation and a full refund to funders/benefactors. We do NOT make porn or any sort of outrageous hentai fetishes. As much as possible, Imaxity.com aims to be a friendly-viewing site for everyone of all ages. If you want to upload or post your own manga or web-comic hentai fetishes on your account, you can do so. However, do not submit such works for a manga-to-anime crowd-fund production project campaign. It is good for manga or web-comic reading, but never for production.
G. Illegal Suspicious Activity Illegal and suspicious activity will not be tolerated. If your campaign comes across as suspicious in terms of sabotaging the site's main frame or funds, leaking information, blackmailing, hacking or, worst, cheating, scamming or conning others, this will lead to the cancellation of your production project. We reserve the right to do so.
3. How long will production last? This depends on a couple of factors, including but not limited to the number of episodes per project, the cooperation of the author or creator, as well as the availability of the third party production studio. Additionally, mishaps or unexpected occurrences are taken into account, including other possible successful campaigns ahead of you. We predict a minimum of two years to push your manga-to-anime production project out.
A. Consecutive Business Years You agree to give Imaxity.com a minimum of two consecutive business years to create and produce your anime show. We still need to set a schedule for production and go through the proper procedures.
B. Possible Non Consecutive Business Years Please understand that production project may not follow the two consecutive business years duration. We will send notifications to the author or creator for updates to keep your audience and funders informed about the progress of your show. We will also send a release date or an expected time frame for the completion of the episodes. Please note that it may not take up to two consecutive years unless Imaxity.com works out certain circumstances with the author or creator of the production project.
C. Time-Frame Depending on how many episodes have been successfully funded, the author or creator may take the length of production into consideration. The time frame of two consecutive business years may or may not happen.
[Example Exhibit C-1]
If an author or creator has an extensive amount of episodes successfully funded, let's say, about thirty to a thousand episodes, the project will be considered quite impossible to complete within a two-year time frame. To take control of the situation, negotiations will have to be remade to group certain episodes into seasons. A separate contract will have to be drafted, as well. This is considered as a nuisance as it will put other creators' episodes and shows on hold. If Imaxity and the creator fail to come up with an agreement, the production project will be considered as an infeasible feat. This is where it is impossible to accomplish or produce the project at a given time frame. As a result, your production project will be canceled. Funds from your benefactors may or may not be refunded to them, depending on the outcome of pre- and post-production. If Imaxity.com has begun deducting funds for the production project, that is, the site has already agreed to take on the project, the funders/benefactors cannot receive a refund even if an infeasible feat takes place. However, if Imaxity.com initially declares that it is an infeasible feat and funds or donations have not been deducted yet from the account holders before going into production, the money may be refunded back to funders/benefactors.
4. You agree to give Imaxity.com website and its team full control and authority on how we go about creating your anime or cartoon production project, including the choice of music, sound, art design, voice actors, animators, engineers, directors, etc. We will be asking the storyboard manga pages and script from the author or creator. We reserve the right to make the necessary changes and modify the storyboard pages and script to fit for production to address concerns related to cost, time, and key animations.
5. Signing up with us is definitely a good move for anime fans everywhere. However, we all hate it when content is stolen from a website and reposted on the Internet as someone else's own work. We try our best to prevent this situation from happening. To address this concern, Imaxity.com shall own full copyrights of authors' successful manga-to-anime crowd-fund production projects. However, this does not include manga or comics made by the author. This way, you do not have to worry about your funded video being stolen. This will protect the copyright works of the creator. Please look over the DMCA or Digital Millennium Copyright Act on Roman Numeral IV Statement 15 to learn more about it. Authors and script writers will always be credited.
A. Other Platforms You agree that Imaxity.com reserves the right to distribute any successful funded anime or cartoon production project to any other platform of our choice. These include but are not limited to television home streaming, web-streaming, etc. Imaxity wants to help you, the author, gain more exposure and reach out to new fans who might enjoy your work.
B. Non Prohibited Sites If we find out that any of Imaxity.com's material or production project is posted on other sites without our permission, we reserve the right to take legal action against the responsible parties. We will contact the website administrator and demand to immediately take the material down.
6. Once production has been completed, it can be viewed on the Imaxity.com website by the author, his subscribers, and the funders/benefactors who participated in funding such author's manga-to-anime production campaign. This is an exclusive access good for three consecutive months. After this period, the material can be viewed by all free registered users on the Imaxity.com website.
7. Authors will receive a percentage of the earnings from their fund-raising campaigns. It is their responsibility to fulfill any promise to their funders/benefactors with regards to the funds.
A. Money Exchange between Author and Funders. Imaxity.com is not involved in any agreement made between authors and funders/benefactors as stated previously in Roman numeral IV statement 1 under letter C. Therefore, if an author offers any money to the funders/benefactors in exchange for help in his production project through donations or funds, Imaxity.com will not be held responsible to pay such amount. If an author or creator makes a promise regarding giving money in exchange for help, he should fulfill his end of the bargain made between him and the funder/benefactor involved.
B. Cash Back Reward If an author successfully meets the required goal of 300,000, he will receive a cash back return of 5,000. If he exceeds such amount and his funds continue to grow, he will be able to collect a higher percentage. This amount will be on top of his earnings. Imaxity.com believes that it is important to give back to the anime community as the author of the manga worked extremely hard to achieve his goals. Imaxity.com believes that appreciating authors through cash back rewards is the right thing to do. Thank you!
C. Fans Fund Anime That You Think Will Become a Huge Success! Here at Imaxity.com, funders or benefactors are encouraged to donate and/or fund manga-to-anime projects that have the potential to become ground-breaking hits in the anime community and the world. They usually only help those authors who they believe have the right potential. Not only will a funder or benefactor be appreciated by the author, he will also get exclusive access to some of the author's works. We want to make this site extremely fun for you since donations can go a long way.
8. Imaxity.com suggests, but not require, that the author start working with the next chapter or volume of his work once we are already in production with the anime project. Once your first episode hits the site and ends with it, your audience will surely want more. Once chapter two has been released, let your audience know that it is already available for purchase from your account. This will increase your sales. It will mean growth and further exposure for you. This will also give your audience more reasons to crowd-fund your next projects. The exciting part is, it will increase your revenue. It is a triple win scenario for three parties, namely the author, the audience, and our company.
9. Understand refunds and non-refundable payment transfers. We will go in depth about this process since this aspect of the site is crucial and necessary. This is important when you make a payment from the Purchase Item page either to advertise or to donate. Your purchases or donations will be non-refundable, unless the following circumstances occur:
A. Refundable Dispute Payments may be refundable if there is a dispute between the author and the website/webmaster regarding donations for manga-to-anime production campaign to the site. The author will not receive cash back reward.
B. Violations Refunds If an author violates any of the crowd-fund rules or violates our terms and conditions, prior to the production of the project, donations from the funders/benefactors may be refundable.
C. Funders/Beneficiaries Conditions Funders/benefactors may not and cannot take back their donations once payments have been made. This will be considered as a non-refundable transaction once the production is already on going or after it has been completed unless other circumstances will arise or such circumstances are conflicting with Roman Numeral IV statement 9 letter A and B. Imaxity.com is taking its crowd- funding feature very seriously. When donations are being made, the site tries to look out for all parties involved. When an author decides to start a manga-to-anime campaign, Imaxity.com takes such campaign seriously. If funders or benefactors think that this is a joke where they can just donate and take their donations back after some time, such joke will not be tolerated by the site.
D. Refunds & Non Refundable Conclusion Simply put, Imaxity.com shall only refund donations or payments from funders or benefactors if either the author or the Imaxity.com team is at fault.
E. Payment Holding & Charges Payment or donation for our crowd-fund feature is immediately charged to your card. However, we put such payment on hold in our system and PayPal system to also show how much has been donated to author's account. The user's payment is put on hold until certain circumstances occur, such as if the author fails to raise funds for his manga-to-anime production campaign. Payment in the holding account gets refunded back to the funder, user or benefactor if the author or creator fails to meet his goal in time. If author succeeds and accomplishes his fundraising goal, the payment in the holding account is used and arranged for production. The payment shall not be refundable at any given time during production.
10. Imaxity.com will charge a 5% fee in addition to any other applicable payment.
A. Free Registration Imaxity.com is a free-to-register website.
B. Collecting Fee's Imaxity.com will only collect fees from successfully fundraised manga-to-anime projects.
C. Legal Fee's Imaxity.com's 5% fee does not include any legal and/or government tax fees that may be applicable.
11. You agree that the content that you submit as an author or creator will be under the guidance of Imaxity.com. We have exclusive database rights with respect to your content. These rights are worldwide, non exclusive, irrevocable, royalty-free, sub-licensable, and transferable. We can exercise these rights to commercialize and exploit the publicity, copyright, and trademark of your content.
12. You agree not to submit any copyright work that is not your own unless you have the permission of the original creator to do so.
13. You are responsible for what you post or upload on your account and profile as well as content submitted to the site. However, if you are a partnered user and your content is wrongfully posted somewhere else, we will try to help and do our best to resolve such issue in any way we can.
14. Imaxity.com will not be held liable for any error, mistake, omission that you make on your content.
15. The Digital Millennium Copyright Act. Imaxity.com will comply with every aspect laid out in the Digital Millennium Copyright Act, the system of legal requirements for dealing with allegations of copyright infringement.
A. DMCA Imaxity.com will respond to notice of alleged infringement if it complies with the law and the requirements set forth in our copyright policy.
B. Violating The DMCA Imaxity.com reserves the right to delete or disable content that has been allegedly infringed and to terminate the accounts of repeat offenders. Imaxity.com can do this immediately at the company's discretion.
C. Submitting a DMCA If you need to submit a copyright infringement claim, please contact the website at Contact@imaxity.com
16. WARRANTY DISCLAIMER & EVOLUTION, maxity.com and its team will work hard to bring satisfactory service to all users. However as a disclaimer, Imaxity.com is a website that is slowly growing and evolving to cater to the needs and wants of users. Imaxity.com cannot guarantee that all site functionalities will work perfectly. You agree to use our available services as is and at your own risk.
A. Evolution of Imaxity Imaxity.com is constantly evolving its features and functionality, adding new ones at any given time. We try our best to make sure everything is working appropriately.
B. Bug & Glitches You agree and understand that bugs and glitches may occur on the site. Please give us a minimum of 90 days to get it fixed as soon as we can.
C. Site Standby As an author, creator, funder or benefactor, you agree that Imaxity.com can put the entire site on standby at any given moment to fix any problem, glitch and/or bug that we may find.
[Examples Exhibit C-1]
What is Standby
Example 1: Standby may be defined as temporarily freezing the site, stopping the timer clock, etc. to fix any problem or service when deemed necessary.
Example 2: A notice of standby may appear to either calculate votes or add further updates or functions to the website.
17. If you have a dispute with regards to the governing law, please contact Imaxity.com for possible issue resolution before resorting to the courts or taking legal action. Nonetheless, in a unfortunate situation where legal action must be taken and has been raised, these terms will be governed by and construed in accordance with the laws of the state of California of the United States of America. All legal issues will be filed and resolved here in California.
18. CONCLUSION OF IMAXITY.COM CROWD-FUNDING FEATURE. These are Imaxity.com's official terms and conditions for any user or account holder who wants to start a manga-to-anime or web-comic-to-cartoon campaign through our crowd-funding feature. Please read further to learn more about the site's terms and conditions.
V. Imaxity.com Partnership
1. Imaxity.com offers partnership to its users. Being a partnered user means that you will be granted certain access to some site functionalities at no cost to you.
2. Partnership with Imaxity.com can lead users to stream revenues in multiple ways. Please browse the site to learn more and know how.
VI. Imaxity.com Providence
1. Imaxity.com provides users with numerous different ways to have fun and use the site to your advantage.
A. Buy & Sell You can sell your content or book through Imaxity either through your successfully crowd-funded manga-to-anime campaign or through your "self-made" chapters. However, you agree not to sell anything that does not belong to you nor published by you. You agree that Imaxity.com will receive a commission of a dollar per purchase if a user decides to sell your work. Imaxity.com is not liable nor responsible for any lost or damaged product that might be shipped to funders/benefactors.
B. Video Content Imaxity provides a video viewing service not only to showcase your successful manga-to-anime production project but also for you to be acquainted with our video platform. Any author has the opportunity to upload and create his own anime channel, brand his work or commercialize his manga through advertising. The Imaxity.com video platform will also be an avenue where you and your followers can watch your manga-to-anime crowd-fund campaign. When posting and uploading videos, you agree not to upload anything that depicts pornography, nudity and or any explicit violence on the website. Violating this act of the agreement can lead to certain consequences and can lead to the termination of your account.
C. Brand Yourself! Imaxity.com offers ways to brand yourself, manga , web-comic, etc. through the purchase of ad space or advertisement space in videos after immediate activation of your crowd-fund feature. Other additional features of this purchase will be coming in the near future. You agree not to brand anyone else, any other product or outside source that is not your own. This can lead to the termination of your account.
D. Following Build an audience, create a following fan base and find out who's reading your work. Become a well known manga or comic book artist, a writer or a celebrity all over the world.
VII. Limitation of Liability
1. In no event shall Imaxity, its directors, employees, agents, and CEO and co-founder Clefawn Holland III be liable to you for any direct, indirect, incidental, punitive, or consequential damage, whatsoever, resulting to personal injury, property damage or harm from the use of Imaxity's services.
2. Any unauthorized access to or use of our servers and/or any and all personal information and or financial information stored therein; any interruption or cessation of transmission to or from our servers due to bugs, viruses or the like, which may be transmitted to or through our servers by any third party; and/or any error or omission in any content or any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the website, whether based on warranty, contracted or any other legal theory, and whether or not the company is advised of the possibility of such damages, will be situations where the foregoing limitation of liability shall be applied. You specifically agree that Imaxity shall not be held liable for content creation, other than the manga-to-anime crowd-fund campaign, or the defamatory, offensive, or illegal conduct of any third party. The risk of harm or damage from the foregoing rests entirely on you.
3. This service is controlled and provided by Imaxity from its office in the United State of America. Imaxity.com service is not available and not offered in other locations. Anyone who accesses or uses Imaxity.com services from other jurisdictions do so at their own volition and are responsible for claims of damages caused by your content to a third party. Your defense and indemnification obligation will not be covered by these terms of service and your use of the site's services.
VIII. Conclusion Of Terms & Conditions
1. This is the conclusion of Imaxity.com's terms and conditions. Everyone at Imaxity would like to thank you for reading. Everyone in Imaxity desires to bring your dreams to life. This is a new company that is doing what has never been done before. Every advice and criticism will go a long way for us to improve as well as everyone's donations and payments. The Imaxity team will give you, our user, our absolute best work and nothing less. Once again, thank you for reading the terms and conditions of Imaxity.com, a company for fans.