Terms of Use for Yaomic
These terms of use ("Terms") govern your access and/or use of the Yaomic application services, the Yaomic website, including content and other materials provided on or through the application or website (collectively referred to as the "Services"), which are provided by Kana Interactive Co., Ltd., including its partners and affiliates (hereinafter referred to as "Yaomic" or "We").
Please read these terms and conditions carefully before using our Services.
Definitions
For the purposes of these Yaomic Terms of Use:
"Account" means a specific user account created during the registration process to enable you to access our Services or certain parts of our Services.
"Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store).
"Coins" refers to virtual currency that you can purchase and/or earn, which can be exchanged for content, items, and/or other offerings provided by us.
"Member" means an account that has subscribed to either monthly or annual membership and and retains its membership status on the day the service is utilized.
"Reading Ticket" means an item that allows users to access unlimited numbers of comics and fiction throughout the validity of the said ticket.
"Play Store" means the digital distribution service operated and developed by Google LLC (Google Play Store).
"Content" refers to digital comics, fiction, images, or other types of digital content, including related content prepared and offered under the Services.
"Item" means virtual goods, digital products, features, or specific attributes offered under the Services.
"Feedback" means feedback, innovations, or suggestions sent by you regarding the performance, features, or functionality of our Services.
"User Posts" means features of our Services that allow users to post or transmit information including but not limited to text, images, or other forms of data under the Services.
"Yaomic Application" refers to our content portal, content reading programs, applications, websites, or software through which you can browse, purchase, download, read, access, or use the content offered under the Services.
"Yaomic Website" means www.yaomic.com.
1) Acceptance of Terms of Use
By accessing the Yaomic application, Yaomic website, or using the Services, downloading, or clicking on a button or checkbox that indicates your consent, whether or not you register or create an Account, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and the Privacy Policy incorporated herein by reference (collectively referred to as the "Agreement").
This Agreement constitutes the entire agreement between Yaomic and you exclusively, not with the Application Store or Play Store. Although the Application Store and/or Play Store are not parties to this Agreement, they have the right to enforce against you as a third-party beneficiary relating to your use of the Services.
This Agreement applies to visitors, users, and others who access or use the Services, including users who may contribute to the content and/or User 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 revocable, non-exclusive, non-transferable, limited license to download, install, and use the Yaomic Application and Yaomic Website strictly in accordance with the terms of this Agreement.
You may use the Yaomic Application, Yaomic Website, and Services on devices that you own, have the right to use, or control only.
The license granted to you is for personal, non-commercial use only, strictly in accordance with the terms of this Agreement.
You agree not to:
a) Permit, sell, lease, sublease, assign, distribute, transmit, disclose, or commercially exploit the Yaomic Application and/or Yaomic Website, including any content offered under the Services.
b) Modify, create derivative works of, disassemble, reverse engineer, or decompile any part of the Yaomic Application and/or Yaomic Website.
c) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of us, our partners, suppliers, or licensors of the Yaomic Application and/or Yaomic Website.
3) Updates and Modifications
We reserve the right to modify, suspend temporarily or permanently, or terminate access to the Yaomic Application and/or Yaomic Website, including any Services connected therewith, with or without prior notice and without any liability to you for such suspension.
We may provide additions, updates, or upgrades to the functionality of the Yaomic Application and/or Yaomic Website from time to time, which may include fixing defects, updates, upgrades, and other modifications without prior notice.
Updates may modify or delete certain features and/or functionalities of the Yaomic Application and/or Yaomic Website. You agree that we are not obligated to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Yaomic Application and/or Yaomic Website to you.
You further accept that all updates or any other modifications will (i) be considered part of the Yaomic Application and/or Yaomic Website and (ii) be subject to the terms and conditions of this Agreement.
4) User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Services.
We have no obligation for accounts or registrations occurring with third-party social media platforms and third-party systems, including no responsibility for services related to such accounts. Any issues related to third-party accounts must be resolved by you and the relevant third party.
You must be at least thirteen (13) years old (or the equivalent minimum age in your jurisdiction, referred to as "Minimum Age") to access content or use our Services. Use of the Services by individuals below the Minimum Age is not permitted without proper guardian consent or consent from a legal representative, and if you are below the threshold, you may use the Services under the supervision of your representative, and we consider that you and your representative have read and agreed to this Agreement. We may request proof of your representative's consent or proof of your age, and we may terminate your use of the Services if such representative or proof is found to be incorrect.
5) Membership and Subscription
You can subscribe to become a member with us. Members can access an unlimited number of comics and/or novels without restrictions on the number of titles and episodes, which may require payment of a monthly or annual membership fee, which is non-refundable. Your membership status will automatically renew according to the duration you have chosen, with membership fees charged prior to the expiration of your membership status. You can cancel the automatic renewal of your membership at any time before the renewal cycle as per the provider's policy. Upon cancellation of membership renewal, your membership status will remain until the end of the current cycle. You can use your subscribed account to access content, including downloading content for storage on your device using such an account throughout the duration of your membership status.
Members may receive other privileges as per the period, and such privileges, including membership fees and types of membership, will be determined and modified by us as appropriate without prior notice.
6) Intellectual Property and Content
You acknowledge and agree that the Yaomic Application and Yaomic Website are owned by us and the content offered under the Services is owned by us or licensed from copyright owners.
The Yaomic Application, Yaomic Website, and all content offered under the Services are protected by copyright laws, trademark laws, and other relevant laws of the country involved.
The use of our trademarks and trademark elements with any product or service without prior written consent from us is prohibited.
Use of Content: We grant and provide you with a limited, non-exclusive, non-transferable, revocable license to access, view, and download content when using the Services, and such license is for personal, non-commercial use only. You may download content to your device only through the download function provided by us, under the condition that such downloaded content is managed by our Service, or in certain content types like images, our Service will provide a watermark function to apply copyright owner's watermark on the downloaded content.
Access Suspension: We may suspend, reset, or terminate your access to certain content in cases of copyright or legal issues without prior notice.
Content Use Restrictions: You must not copy, distribute, sell, lease, sublicense any part of the content, and you must not attempt to bypass any encryptions or content protection measures, and you must not modify, or create derivative works intentionally or alter the content, and you must not replicate including but not limited to photographing, video recording, and copying any part of the content.
7) User Posts and Feedback to Us
You agree that your comments or posts will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree and warrant that your comments or posts will not contain inappropriate or obscene content, illegal or offensive material, or refer to major national institutions, or contain computer viruses or malware that may harm the Services. You are solely responsible for your comments or posts and for the accuracy of such comments. We are not responsible for your comments or posts.
You grant and assign all rights and interests in any feedback you provide to us. If such assignment is not effective for any reason, you agree to grant us a non-exclusive, permanent, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit the feedback without limitation.
8) Coins and Purchases
Some content in our Services may require the use of coins to access such content.
8.1 We will provide coins to you only through methods specified by us, such as purchases, special offers, and/or other activities. We reserve the right to change the selling price for coins at any time and the number of coins required for accessing content will be determined by us.
8.2 Coins do not have "real-world" value or represent any "real-world" credit balance and cannot be exchanged for "real-world" money. You are granted a limited, non-exclusive, non-transferable, revocable license to use coins for personal use under our Services.
8.3 Coins can only be used with the account that received the coins and cannot be transferred to another account.
8.4 Purchased coins are final and non-refundable for any reason unless required by applicable law. In such cases, we will process refunds in accordance with the relevant law.
8.5 You are not authorized to transfer coins to another account, including not being authorized to sublicense, exchange, sell, or attempt to exchange for any value outside the Services. We may cancel, revoke, or prevent the use of coins if we suspect fraudulent activity.
9) Privacy Policy
Your access and use of our Services are subject to acceptance and compliance with our Privacy Policy. Our Privacy Policy explains our policies and procedures regarding the collection, use, and disclosure of your personal information when you use the Services and informs you about your privacy rights and how the law protects you.
Our Privacy Policy can be viewed 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 and consent to the terms and conditions of our Privacy Policy herein.
10) Termination
We may terminate, cancel, or suspend your account immediately without prior notice or liability for any reason whatsoever, including but not limited to 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 Services and content, and we reserve the right to revoke your access to and use of the Services and all content.
Our failure to enforce any right or provision of these Terms of Use shall not be considered a waiver of those rights or any other right or remedy we may have.
11) Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall 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 Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Agreement) even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose.
Notwithstanding any damages that you might incur, the entire liability of us and our partners 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 the Services.
12) Indemnification
You agree to indemnify and hold us, our parent company, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees and investigation costs, arising out of or related to: (a) your use of the Services; (b) your User Posts 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) Disclaimer of Warranties
You acknowledge and agree that your use of the Services is at your sole risk. The Yaomic Application, Yaomic Website, and all content are provided to you "as is" and "as available" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, together with our affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither we nor our service provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14) Severability and Waiver
If any provision of this Agreement is held to be 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 the remaining provisions will continue in full force and effect.
15) Amendments to this Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time by posting the amended terms on the Yaomic Application and/or Yaomic Website. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you are agreeing to be bound by the amended Agreement.
16) Governing Law and Jurisdiction
In the event that we have provided a translation of the Thai version of the Agreement to the user ("Thai Version"), the Thai Version shall govern the relationship between the user and us in case of any conflicts between the Thai Version and the translation. The terms of the Thai Version shall prevail over any other translation. This Agreement shall be governed by the laws of Thailand.
17) Compliance with United States Law
You certify and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18) Contact Us
If you have any questions about this Agreement, the Services, or content, you can contact us via email at: support@yaomic.com.
End of Document
Last updated: February 21st, 2024