Yaomic Terms of Use
End User License Agreement
These Terms of Use apply to you who access and/or use the Yaomic application (on iOS and Android systems) and the Yaomic website (www.yaomic.com), including the content and other materials contained within or provided in such application or website (hereinafter referred to as the "Service"), which are provided by Kana Interactive Co., Ltd., including its partners and affiliated companies (hereinafter referred to as Yaomic or we).
Please read these terms and conditions carefully before using our Service.
Definitions
For the purposes of these Yaomic Terms of Use:
Account
means the specific User Account created during the registration process to enable you to access our Service or any part of our Service.
Website
means the website www.yaomic.com and related web pages operated by the Company.
Application
means the Yaomic application provided through iOS and Android systems.
App Store
means the digital distribution service operated and developed by Apple Inc. (Apple App Store).
Play Store
means the digital distribution service operated and developed by Google LLC (Google Play Store).
Coins
means the virtual currency that you can purchase and/or obtain, which can be exchanged for content, items, and/or other things presented and provided by us.
Membership
means an account that has subscribed to a Membership, whether on a monthly or annual basis, and that retains its membership status on the date of using the Service.
Reading Ticket
means an item that enables a user to access content, both comics and fiction, without limit on the number of titles and number of chapters, throughout the lifespan of that Reading Ticket.
Content
means digital comics, fiction, images, or other types of digital content, including related content prepared and presented under the Service.
Item
means a virtual product, digital product, or any feature or specific characteristic offered under the Service.
Feedback
means innovative suggestions or feedback that you submit regarding the features, performance, or characteristics of our Service.
User Posts
means the feature of our Service that allows users to post or submit information, including text, images, or information in other forms under the Service.
1) Acceptance of the Terms of Use
By accessing our Service, downloading the application, clicking the accept button, or checking a checkbox indicating that you consent, whether or not you register and create a User Account, you are deemed to have read, understood, and agreed to be fully bound by these Terms of Use and this Privacy Policy (hereinafter collectively referred to as the "Agreement").
This Agreement constitutes a contract between "you" and "Yaomic" only, and is not a contract with the Apple App Store or Google Play Store. However, although the Apple App Store and Google Play Store are not parties to this Agreement, both platforms (including their affiliated companies) are third-party beneficiaries and have the right to enforce the terms of this Agreement against you.
This Agreement is binding on visitors, users, and any other persons who access or use our Service, including those who create content or post messages within the Service.
If you do not agree with or do not accept this Agreement, in whole or in part, you must immediately cease accessing and refrain from using our Service.
2) Terms of the Limited License
We grant you a limited, revocable, non-exclusive, and 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, the Yaomic website, and the Service only on a device that you own, have the right to use, or control. The license we grant you is for personal, non-commercial use only, strictly in accordance with the terms of this Agreement.
You agree that you will absolutely not do the following:
• Commercial and software infringement: license, sell, rent, sublease, assign, distribute, transmit, disclose, or commercially exploit the Yaomic application, the Yaomic website, or our Service
• Content infringement and dissemination: take screenshots, make screen recordings, reproduce, copy, re-upload, or distribute any content presented under our Service in any form whatsoever
• Modification and reverse engineering: modify, create derivative works, disassemble, decrypt, decompile, or reverse engineer any part of the Yaomic application and/or the Yaomic website
• Trademark infringement: remove, alter, or obscure any proprietary notices (including copyright or trademark notices) of ours, or of the partners, suppliers, or licensors of the Yaomic application and website
3) Updates and Modifications
We reserve the right to modify, suspend, or discontinue the Service, whether temporarily or permanently (including any other connected services), with or without prior notice, and we shall have no liability to you arising from such suspension or modification.
We may make additions, updates, or improvements to the functionality of the Service from time to time, including but not limited to bug fixes, upgrades, and other modifications, without prior notice.
You acknowledge and agree that such updates may modify or remove certain features and functions of the Service. We have no obligation to (i) provide updates to you, or (ii) keep any specific feature or function of the Service available at all times.
You further agree that all updates or modifications shall (i) be considered part of the Service, 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 information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in the immediate termination of your account within our Service.
We have no obligation regarding accounts or registrations that occur with social media platforms and third-party systems, nor any duty to provide services related to such accounts. All matters relating to such third-party accounts must be resolved between you and the relevant third party.
You must be of the minimum required age to access and use our Service, subject to the following conditions:
• For users through iOS (Apple App Store): You must be at least 18 years of age. We do not permit persons under 18 years of age to use the Service through iOS under any circumstances.
• For users through Android (Google Play Store) and the website: You must be at least 13 years of age (or the minimum age required by the law in your country).
• Minors: If you are of the minimum permitted age (13 years or older for Android/website) but have not yet reached the age of legal majority under the law in your country, your use of the Service must be under the supervision and with the consent of a parent or legal guardian, and we consider that your guardian has read and accepted this Agreement.
We may ask you to provide proof of age verification or proof of parental consent at any time. If we find that you are below the required age for each platform, or do not have valid proof of consent, we reserve the right to immediately suspend or terminate your User Account and your access to the Service.
5) Membership and Subscription (iOS and Android only)
You may subscribe to a Membership with us only for use on the application, to receive special privileges such as unlimited access to comic and fiction content without limit on the number of titles and number of chapters (subject to the conditions of the package), and you may choose to pay for the service on a monthly or annual basis. The membership fee paid, once successful, is final and Non-refundable, unless applicable law provides otherwise, or in accordance with the refund policy of the App Store / Play Store.
Your membership status will be automatically renewed (Auto-renewal) according to the package period you selected, and the system will charge the service fee through your account (such as Apple ID or Google Play) within 24 hours before the end of the membership period of the current cycle.
If you wish to cancel the automatic renewal, you must cancel through the account settings on the platform on which you subscribed (Apple App Store or Google Play Store) at least 24 hours in advance before the next billing cycle. Upon cancellation, your membership status will remain usable until the end of the current billing cycle.
The right to access content, including content you have downloaded and stored on your device, can be activated only for the entire period that your membership status remains fully valid (once membership status ends, downloaded content may become inaccessible).
Members may receive additional special privileges from time to time. We reserve the right to modify the special privileges or the types of Membership as appropriate. In the event of a change to the "service rate (membership fee)," we or the platform service provider will notify you in advance before charging in the next cycle, so that you have the right to decide whether to cancel or continue using the Service.
6) Intellectual Property and Content
You acknowledge and agree that our "Service" and all content presented under the Service are our property, or we have been duly and lawfully licensed to use the rights from the copyright owner.
The Service and all content are protected under copyright law, trademark law, and other intellectual property laws, both in Thailand and internationally. No person may use our trademarks and trademark elements in connection with any product or service without our prior written consent.
• Use of content: We grant a limited, non-exclusive, non-transferable, and revocable license to access, view, and download content when using the Service. Such license is for personal, non-commercial use only. You may download content onto your device only through the download function we provide, on the condition that the downloaded content must be managed by our Service. In addition, for certain types of content (such as images), our Service will provide a Watermark function to indicate the rights of the copyright owner on the content you have downloaded.
• Suspension of access: We reserve the right to suspend, re-assign rights to, or terminate access to certain content (Content Takedown) in the event of a copyright dispute, expiration of a license agreement, or other legal issues, without the need for prior notice.
• Absolute restrictions on content use: You must not copy, redistribute, sell, rent, or sublicense the content or any part of the content. You must not attempt to circumvent, destroy, or hack the security system (DRM / Encryption) or copy protection of the content. You must not modify, adapt, or create derivative works from the content, and you must not reproduce it in any form, including but not limited to screen capture, screen recording, and copying of the content in any part.
7) User Posts and Feedback to Us
You agree that your comments or posts will not infringe any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You accept and warrant that your comments or posts will not contain content that is inappropriate, obscene, unlawful, or that affects or references the principal institutions of the nation, or that contains any computer virus or malware that may be harmful to the Service. You are solely responsible for the comments or posts you make and for the accuracy of the comments. We are not responsible for your comments or posts.
You assign all rights and interests in any Feedback that you provide to us. If such assignment is ineffective for any reason, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit the Feedback without limitation.
8) Reading Ticket
A Reading Ticket is an item that grants the right to access comic and fiction content without limit on the number of titles and number of chapters throughout the lifespan of that Reading Ticket.
• Usage period: Each type of Reading Ticket has a limited usage period as specified at the time of purchase. Upon expiration of the usage period, the right to access content through such Reading Ticket ends immediately and can no longer be used.
• Account and language restrictions: A Reading Ticket can be used only with the "User Account" that made the purchase. It cannot be transferred, moved, or exchanged to another account. In addition, a Reading Ticket is bound only to the "language of the content" you selected at the time of purchase. You cannot use such Reading Ticket to unlock or access content in other languages of the Service other than those specified.
• Non-refundable: The purchase of a Reading Ticket is final and cannot be refunded in cash under any circumstances, unless the applicable law in your jurisdiction provides otherwise.
9) Coins and Purchases
Some content in our Service may require the use of Coins for you to access such content.
9.1 Obtaining Coins
We will grant you Coins only by the methods specified or permitted by us, such as purchasing through the system, special offers, and/or participating in other activities.
9.2 Value and Usage Rights
Coins are simulated digital goods that have no value in the "real world," do not represent any credit balance, and cannot be exchanged for "real-world money." You are granted a limited, non-exclusive, non-transferable, and revocable license to use Coins for personal entertainment under our Service only.
9.3 Account and Language Restrictions
Coins can be used only with the User Account that made the purchase or obtained the Coins. They cannot be transferred to another account. In addition, Coins are strictly bound to the language of the content you selected at the time of purchase. You cannot use such Coins to access content in other languages, or request to change them into Coins for content in other languages, under any circumstances.
9.4 Price and Coin Usage Rate
The selling price of Coins may vary by content language. We reserve the right to change the selling price of Coins, as well as to adjust the number of Coins required to access content in each part, at any time as we see fit, without prior notice.
9.5 Prohibitions and Fraud
You are not permitted to transfer Coins to another account, sublicense, exchange, sell, or attempt to exchange Coins for anything else of value outside our Service. If we find or have reasonable cause to suspect any act that constitutes fraud or a breach of this Agreement, we reserve the right to immediately suspend, revoke, or cancel the use of Coins, including your account.
9.6 Non-refundable
Coins that you have purchased or obtained are final and cannot be refunded in cash for any reason, except where required by applicable law. In such cases, we will consider processing a refund in accordance with the procedures required by law.
10) Privacy Policy
Your access to and use of the Service is subject to our Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use, and disclosure of your personal data when you use the Service, and tells 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 Service.
By accepting this Agreement, you acknowledge and consent to the Privacy Policy.
11) Termination
We may cancel, terminate, or suspend your account immediately without prior notice or any liability, for any reason whatsoever, including but not limited to if you breach or fail to comply with any provision 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 immediately revoke your rights to access and use all of the Service and content.
12) Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we, our subsidiaries, or our partners be liable for any damages, whether special, incidental, indirect, or consequential damages (including but not limited to damages from loss of profits, loss of data or information, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of, or inability to use, our Service, including the use of third-party software or hardware together with our Service, even if we or any licensor have been advised of the possibility of such damages, and even if any remedy fails of its essential purpose.
Regardless of any damages you may incur, the entire liability of us and our partners under any provision of this Agreement shall be capped at an amount not exceeding the amount you have actually paid to us through the use of our Service.
13) Indemnification
You agree to defend and indemnify us, our parent company, subsidiaries, affiliated companies, officers, employees, agents, partners, and licensors (if any) against any liability, claim, or demand (including reasonable attorney's fees and investigation costs) arising out of or in connection with: (a) your use of the Service; (b) content, posts, or comments you create; (c) your breach of this Agreement, or violation of any law or regulation; or (d) your infringement of the rights of a third party.
14) Disclaimer of Warranties
Use of the Service 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 any warranty of any kind. To the maximum extent permitted under applicable law, we and our affiliated companies, including related licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all warranties regarding merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from the course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, we make no warranty or undertaking of any kind, and make no representation warranting, that the Service will meet your requirements, achieve any intended results, or be compatible or work together with any other software, application, system, or service, operate without interruption, meet any standards, or be of any performance or reliability, or be free of error, or that any error or defect can be corrected or will be corrected.
Without limiting the foregoing, neither the Company nor the Company's service providers make any representation or warranty of any kind, express or implied: (a) regarding the operation or availability of the Service, or the information, content, and materials or products included therein; (b) that the Service will be uninterrupted or error-free; (c) regarding the accuracy or reliability of any information or content provided through the Service; or (d) that the Service, servers, 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 presented in any banner or other advertisement, and we will not be a party responsible for monitoring any transaction between you and third-party providers of products or services in any way.
15) 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 this will not affect the validity and enforceability of the remaining provisions.
Our omission, delay, or failure to enforce any right or condition under this Agreement shall not constitute a waiver of such provision, nor preclude our right to enforce that right at a later time.
16) Amendments
We reserve the right, at our sole discretion, to modify or replace the terms of the Agreement at any time by posting the revised Agreement on the Yaomic application and/or the Yaomic website. What constitutes a material change will be determined at our sole discretion.
Continued access to or use of our Service after we make any changes to the Agreement indicates that you agree to be bound by the revised Agreement.
17) Governing Law and Jurisdiction
In the event that we have provided a translation of the Thai-language Agreement to the user ("the Thai version"), the Thai version shall govern the relationship between the user and us. In the event of any conflict between the Thai version and the translation, the terms in the Thai version shall prevail over any other translation. This Agreement shall be governed by the laws of Thailand.
18) United States Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist-supporting" country, and (b) you are not on any United States government list of prohibited or restricted persons.
19) Contact Us
If you have any questions about the Agreement, the Service, or the content, you can contact us by email at: [email protected]