These Terms of Use apply to you who access and/or use the Yaomic application services, the Yaomic website, including any content and other information contained in or provided on such applications or websites (hereinafter referred to as the “Services”), which are provided by Kana Interactive Co., Ltd. and its partners and affiliates (hereinafter referred to as Yaomic or we).
Please read these terms and conditions carefully before using our services.
Definition
For the purposes of these Yaomic Terms of Use:
Account means the unique user account created during the registration process to provide you with access to our Services or portions of our Services.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store).
Coins means virtual currency that you can purchase and/or obtain, which can be redeemed for content, items and/or other content offered and provided by us.
Member means an account that has been subscribed on a monthly or yearly basis and remains a member on the date of use of the Service.
Reading Tickets refer to items that allow users to access unlimited number of stories and episodes of both comics and novels for the duration of the reading ticket.
Play Store means the digital distribution service operated and developed by Google LLC (Google Play Store).
Content means any digital comics, novels, images, or other types of digital content, including related content, provided and offered under the Service.
Item means any virtual goods, digital goods, or any feature or characteristic offered under the Service.
Feedback means any innovative suggestions or feedback you submit regarding the features, performance or functionality of our Services.
User Posting means a feature of our Services that allows users to post or submit information, including text, images, or other forms of data, within the Services.
Yaomic Application means our content portal, content reader, application, website or software through which you can browse, purchase, download, read, access or use the Content we offer under this Agreement.
The Yaomic website refers to www.yaomic.com.
1) Acceptance of the terms of use
By accessing the Yaomic Application, the Yaomic Website, or using the Services or downloading them and/or clicking on the button or checking the check box indicating your consent, whether or not you have registered to create an account, you signify that you have read, understood, and accept the Terms of Use and Privacy Policy, which are incorporated herein by reference in their entirety (collectively, the “Agreement”).
This Agreement constitutes the entire agreement by and between Yaomic and you only, and not with the Application Store and/or Play Store. Even though the Application Store and/or Play Store is not a party to this Agreement, it has the right to enforce it against you as a third-party beneficiary in connection with your use of the Services.
This Agreement applies to all visitors, users, and others who access or use the Service, including users who may contribute User Content and/or posts.
By accessing or using the Services, you agree to be bound by this Agreement. If you disagree with any part of the Agreement, you must not access or use our Services.
2) Limited license conditions
We grant you a limited, revocable, non-exclusive, non-transferable license to download, install and use the Yaomic Application and the Yaomic Website strictly in accordance with the terms of this Agreement.
You may use the Yaomic Application, Yaomic Website, and Services only on devices that you own, have the right to use, or control.
The license we grant to you is for your personal, non-commercial use only, strictly in accordance with the terms of this Agreement.
You agree not to:
a) license, sell, rent, sub-lease, assign, distribute, transmit, disclose or commercially exploit the Yaomic Application and/or the Yaomic Website, including any Content provided under the Service;
b) modify, make derivative works of, disassemble, decompile, reverse engineer, disassemble or reverse engineer any part of the Yaomic Application and/or the Yaomic Website;
c) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of us or our partners, suppliers or licensors of the Yaomic Application and/or the Yaomic Website;
3) Updates and fixes
We reserve the right to modify, suspend or terminate, temporarily or permanently, your access to the Yaomic Application and/or the Yaomic Website, including any linked services, with or without prior notice and without any liability to you for any such suspension.
We may from time to time provide additions, updates, or enhancements to the functionality of the Yaomic Application and/or the Yaomic Website, which may include bug fixes, updates, upgrades, and other modifications without prior notice.
Updates may modify or remove certain features and/or functionality of the Yaomic Application and/or Yaomic Website. You agree that we have no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionality of the Yaomic Application and/or Yaomic Website to you.
You further agree that all updates or other modifications will (i) be deemed part of the Yaomic Application and/or Yaomic Website and (ii) be subject to the terms and conditions of this Agreement.
4) User account
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account with our Services.
We have no obligations with respect to accounts or registrations created with social media platforms, services and third-party systems, nor are we obligated to provide any services related to such accounts. All matters relating to such third-party accounts must be resolved by you and the applicable third party.
You must be at least thirteen (13) years of age (or the equivalent minimum age, as defined in your jurisdiction as the “Minimum Age”) to access our Content or use our Services. Use of the Services by anyone under the Minimum Age is not permitted without valid parental or guardian consent from a representative, and if you are under the Minimum Age, you may use the Services under the supervision of a representative, and we will assume that you and your representative have read and agree to this Agreement. We may ask you to provide proof of your representative's consent or proof of your age, and we may terminate your use of the Services if any such representation or evidence is found to be invalid.
5) Membership and Subscription
You can subscribe to our membership. Members have access to unlimited number of comics and/or novels and their episodes. You may have to pay a monthly or yearly membership fee, which is non-refundable.
Your subscription will automatically renew for the period you selected, with the subscription fee charged before the expiration date. You may cancel your subscription automatically at any time before the renewal period, subject to the provider's policy. Once you cancel your subscription, your subscription will remain in effect until the expiration date of that period. You may use your subscribed account to access content, including downloading content to your devices using that account, for the duration of your subscription.
Members may receive other privileges from time to time. These privileges, including membership fees and membership types, are determined and adjusted by us without prior notice.
6) Intellectual property and content
You understand and agree that the Yaomic Application and the Yaomic Website are owned by us and that the content provided under the Service is owned by us or licensed to us by the copyright owner.
The Yaomic Application, the Yaomic Website and all content provided under the Service are protected by copyright law, trademark law and any applicable laws of the country in which it is available.
Our trademarks and trademark elements may not be used in connection with any product or service without our prior written consent.
Content Use. We grant you a limited, non-exclusive, non-transferable, revocable, royalty-free license to access, view and download Content when using the Service, and such license is for your personal, non-commercial use only. You may download Content to your device only in accordance with the download functionality provided by us, provided that such downloaded Content is managed by our Service or, for certain types of content, such as images, our Service provides a watermarking function to place a copyright owner's watermark on downloaded Content.
Access Suspension We may suspend, reassign, or terminate access to certain content in the event of copyright or other legal issues without prior notice.
Content Use Restrictions You may not copy, redistribute, sell, rent or sublicense the Content or any portion thereof, nor may you attempt to defeat or hack any encryption or copy any content protections, nor may you modify or create derivative works of the Content, nor may you reproduce, including but not limited to, photographing, videotaping and photocopying the Content or any portion thereof.
7) User posts and feedback to us.
You agree that your comments or postings will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree and warrant that your comments or postings will not contain any offensive or obscene material or be unlawful or offensive to any major national institutions, or contain any computer virus or malware that could harm the Service. You are solely responsible for any comments or postings you make and for their accuracy. We are not responsible for your comments or postings.
You grant us all rights and interest in and to any Feedback you provide. If such assignment is ineffective for any reason, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and exploit the Feedback without limitation.
8) Coins and purchases
Some content on our services may require the use of coins in order for you to access that content.
8.1 We will only award Coins to you through methods specified by us, such as purchases, special offers and/or other events. We reserve the right to change the price available for Coins at any time and the number of Coins required for access to the Content will be determined by us.
8.2 Coins do not have any “real world” value or represent any credit amount of “real world money” and cannot be redeemed for “real world money”. You are granted a limited, non-exclusive, non-transferable, revocable license to use Coins solely for your personal use under our Services.
8.3 Coins can only be used with the account that received them and cannot be transferred to other accounts
.
8.4 Any Coins you purchase are final and will not be refunded for any reason whatsoever, except as required by applicable law. In such case, we will process the refund in accordance with applicable law.
8.5 You are not permitted to transfer Coins to another account, nor are you permitted to sublicense, trade, sell, or attempt to trade them for anything of value outside of the Service. We may cancel, revoke, or prevent the use of Coins if we suspect fraudulent activity.
9) Privacy Policy
Your access to and use of the Services is conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Services and tells you about your privacy rights and how the law protects you.
Our privacy policy can be found at www.yaomic.com/privacy-policy. Please read it carefully before using our services.
By accepting this Agreement or using our Services, you acknowledge that you agree to and consent to the terms and conditions of our Privacy Policy herein.
10) Termination
We may terminate, terminate, or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach or fail to comply with any term of this Agreement. In the event of such termination, you must cease all use of the Service and Content, and we reserve the right to revoke your right to access and use the Service and Content.
Our failure to exercise any provision of these Terms of Use shall not constitute a waiver of such provision or any of our rights or remedies.
11) Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we or our partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if we or any of our licensors have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Even if you suffer any damages, our and our partners' entire liability under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through our Services.
12) Compensation for damages
You agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any), harmless from any claim or demand, including reasonable attorneys' fees and costs of investigation, due to or arising out of or related to: (a) your use of the Services; (b) your user postings or comments; (c) your violation of this Agreement or any law or regulation; or (d) your violation of any rights of a third party.
13) Limitation of Warranty
Use of the Services is at your sole risk. The Yaomic Application, the Yaomic Website, and all Content are provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we and our affiliates, and our respective licensors and service providers expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, performance, usage, or trade practice. Without limiting the foregoing, we provide no warranty or undertaking, and make no representation or warranty, that the Services will meet Your requirements, achieve any intended results, or be compatible or work with any other software, applications, systems, or services, operate uninterrupted, meet any standards, performance, or reliability, or be error-free or that any errors or defects will or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Service or the information, content, and materials or products included thereon; (b) that the Service will be uninterrupted or error-free; (c) as to the accuracy, reliability of any information or content provided through the Service; or (d) that the Service, its servers, the content, or emails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components. We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third-party through the Service or any service linked to or featured in any banner or other advertising, and we will not in any way be responsible for monitoring any transactions between you and any third-party provider of such product or service.
14) Nullity and waiver
If any provision of this Agreement is held unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and will not affect the validity and enforceability of any remaining provisions.
15) Correction
We reserve the right, in our sole discretion, to modify or replace any term of the Agreement at any time by posting the modified Agreement on the Yaomic Application and/or the Yaomic Website. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Services after we make any changes to these Terms, you agree to be bound by the revised Terms.
16) Applicable Law and Jurisdiction
In the event that we provide a translation of the Thai language version of this Agreement to the User (the "Thai language version"), the Thai language version shall govern the relationship between the User and us. In the event of any conflict between the Thai language version and a translation, the terms of the Thai language version shall prevail over any other translation. This Agreement shall be governed by the laws of Thailand.
17) Compliance with United States law
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
18) Contact us
If you have any questions about the Terms, the Services, or the Content, you may contact us by email at: [email protected].
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Last updated: February 21, 2024
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