Yaomic Terms of Use

 

Terms of Use specified herein demonstrate the terms between Kana Interactive  Co., Ltd. a company incorporated in Thailand with the registration number 0115563007048 (hereinafter referred to as the “Company”) and you in relation to the use of Services provided by the Company.

 

Please read these terms and conditions carefully before using our Services.

 

Definitions

For the purposes of this Yaomic Terms of Use:

 

Account means a unique user account created for you to access our Services or parts of our Services.

 

App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store).

 

Coins means the virtual currency that can be purchased and/or earned by you which can be redeemed for Content offered by the Services.

 

Content means digital comic, fiction, images or other type of digital contents including their related materials provided by the Services.

 

Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Services.

Member means an account that already subscribed to membership program either monthly or annually basis and maintain membership status.

Google Play means the digital distribution service operated and developed by Google LLC. (Google Play Store)

Services refers to Yaomic Application and Yaomic Website

 

User Posting means feature of our Services that allow user to post or submit data including text, image or other form of information on the Services

 

Yaomic Application means Content portal, storefront, reader,  application, website or software own by the Company, which you can browse, purchase, download, read, access or use Content offered by us under your User Account

 

Yaomic Website means www.yaomic.com

 

1) Acceptance of the Terms of Use

By using the Yaomic Application, Yaomic Website, or using the Services or downloading and/or clicking on a button, check box indicating your consent, you hereby agree to the Terms of Use and Privacy Policy, which are all incorporated herein by reference (collectively the “Agreement”). 

The Agreement constitutes the entire agreement by and between the Company and you only and not with the App Store and/or Google Play. Although the App Store and/or Google Play is not a party to this Agreement, it has the right to enforce it against you as a third-party beneficiary relating to your use of the Services. 

 

This Agreement applies to all visitors, users and others who access or use the Services including users who may contribute to the Content and/or User Postings.

 

By accessing or using the Services, you agree to be bound by this Agreement. If you disagree with any part of the Agreement then you must not access or use the Services.

2) Limited License Term

The Company grants 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 only use the Yaomic Application, Yaomic Website, the Services on a device that you own or control.

The license that is granted to you by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

 

You agree not to:

A) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Yaomic Application and/or Yaomic Website.

 

B) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Yaomic Application and/or Yaomic Website.

 

C) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Yaomic Application and/or Yaomic Website.

 

3) Updates and Modifications

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Yaomic Application and/or Yaomic Website or any other service to which it connects, with or without notice and without liability to you.

 

The Company may from time to time provide enhancements or improvements to the features/functionality of the Yaomic Application and/or Yaomic Website which may include patches, bug fixes, updates, upgrades and other modifications.

 

Updates may modify or delete certain features and/or functionalities of the Yaomic Application and/or Yaomic Website. You agree that the Company has no obligation 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 agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Yaomic Application and/or Yaomic Website, and (ii) subject to the terms and conditions of this Agreement.

 

4) User Account

When you create an account with us, you must provide us 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 to account created or registered with third-party platforms or otherwise provide service in connection with such account. All the matters relating to such third-party account shall be resolved by you and the applicable third-party.

 

You must be at least thirteen (13) years old (or equivalent minimum age depending on your jurisdiction "Minimum Age”) to access Content or use our Services. The use of the Services by anyone under the Minimum Age is not permitted without valid parent or guardian consent and if you are under Minimum Age you may only use the Services under the supervision of a Representative and your Representation must read and agreed with this Agreement before you start to use the Services. We may request you to provide evidence of your Representative’s consent or your age and we may terminate your use of the Services if it come to our attention that any Representative or evidence is not correct. 

 

5) Subscription and membership

You may enjoy the unlimited access to the titles and episodes of comics and/or fictions by subscribing and maintaining your membership. 

The subscription may be subject to a fee for a monthly or annually, which cannot be refunded in cash. Your subscription will automatically renew for the period you have chosen to subscribe to and the membership fee will be demanded before the current membership expiration date. You may discontinue the automatic renewal at anytime prior to next renewal cycle subject to the policies of service provider. When you discontinue the automatic renewal, the membership status will be maintained until the expiration date. You can use your membership account to access and download comics and/or fictions during the membership period.

 

Member may entitle for other privileges from time to time. All privileges including membership fee and type of membership will be determined by the Company.

 

6) Intellectual Property and Content

You understand and agree that Yaomic Application and Yaomic Website are owned by the Company and the Content provided on the Services is owned by the Company or licensed by the copyright owner to the Company. 

 

Yaomic Application, Yaomic Website and the Content are protected by copyright, trademark, and other laws of relevant countries.

Our trademarks and trade dress may not be used in connection with any product or Services without the prior written consent of the Company.

 

Use of Content. The Company grants you a limited, non-exclusive, non-transferable, revocable license to access, view and download the Content when using the Services and solely for your personal, non-commercial use only. You may download Content onto your device only with the download function provided by the Services with the condition that such downloaded Content will be managed by the Services or in some type of Content such as Image, the Services will provide watermark feature to attached the Copyright Owner watermark onto that downloaded Content.

 

Suspension of Access. We may suspend, redefine or discontinue the right of access to certain Content in the event of a rights issue or other legal issue.

 

Limitation. You must not copy, redistribute, sell, rent, or sublicense the Content and you must not attempt to defeat or hack any encryption, or copy protection of the Content and you must not edit, modify, create deliberative work or adaptations of the Content and you must not duplicate or otherwise reproduce including but not limited to Photo taking, Video recording and Photocopy the Content, or any part of the Content.

 

7) User posting and feedback to us. 

You agree that your comments or posting will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments or posting will not contain abusive or obscene material, or otherwise unlawful or contain any computer virus or malware that could in any way harmful of the Services.  You are solely responsible for any comments or posting you make and their accuracy. We take no responsibility and assume no liability for any comments or posting by you.

 

You assign all rights and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

 

8) Coins and Purchases

Some of the Content in our Services may require the redemption of Coins in order for you to access that such Content. 

8.1 Coins will be provided to you by the means specified by us such as purchases, special offers and/or other activities. Company reserves the right to change the purchasing price for the Coins at any time, and the number of Coins required for accessing the Content will be determined by the Company.

8.2 Coins do not hold any “real world” value or represent any credit balance of “real world money” and cannot be redeemed for “real world money”. You are granted a limited, non-exclusive, non-transferrable, revocable license for personal use of Coins within the Services.

 

8.3 Coins may only be used by the account that obtained them and cannot be transferred to other account.

 

8.4 Coins purchased by you are final and can not be refunded for any reason unless required by applicable laws. In such case the Company shall process refunds in accordance with the relevant laws.

 

8.5 You are not allowed to transfer Coins to any other account nor sublicense, trade, sell, or attempt to exchange for value of any kind outside of the Services. Company may cancel, revoke, or otherwise prevent the use of Keys if we suspect any fraudulent activity.

 

9) Privacy Policy

Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. 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 is available on www.yaomic.com/privacy-policy. Please read carefully before using our Services.

By accepting this Agreement or using the Services, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

 

10) Termination

We may 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 such case of termination, you must cease all use of the Services and Content and the Company reserves the right to revoke your rights to access and use of the Services and Content. 

Company’s failure to exercise any term of this Terms of Use will not constitute a waiver of such term or any Company’s right or remedies.

 

11) Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers 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 Terms), even if the Company or any licensor has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its licensor 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 the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees and cost of investigation, due to or arising out of or relating  to your: (a) use of the Services; (b) user posting or comments; (c) violation of this Agreement or any law or regulation; or (d) violation of any rights of a third-party.

 

13) Disclaimer of Warranties 

USE OF THE SERVICES IS AT YOUR SOLE RISK. THE YAOMIC APPLICATION, YAOMIC WEBSITE AND 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, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS 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, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES 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 SERVICE, 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 THE COMPANY NOR ANY OF THE COMPANY'S 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.  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE ServicesS OR ANY HYPERLINKED Service OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE.

 

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 will not effect the validity and enforceability of any remaining provision.

 

15) Amendment

Company reserves the right, at our sole discretion, to modify or replace the terms of the Agreement at any time by posting the amended Agreement 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 we make any changes to the Agreement, you are agreeing to be bound by the amended Agreement.

 

16) Governing Law and Jurisdiction

Where the Company has provided users with a translation of the Thai language version of this Agreement (the “Thai Version”), the Thai Version will govern the relationship between users and the Company. In the event of any conflict between the Thai Version and a translation thereof, the provisions in the Thai Version shall take precedence over any other translation. This Agreement will be governed by the laws of Thailand.

 

17) United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

 

18) Contact us

If you have any questions about the Agreement, the Services or Content, you can contact us by email at: support@yaomic.com

 

END

Last updated: April 19th, 2022