SECTION 20 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE.
IF YOU LIVE IN OR IF THE PRINCIPAL PLACE OF YOUR BUSINESS IS IN THE UNITED STATES, THIS SECTION AFFECTS YOUR
RIGHTS ON HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED.
DISPUTES (AS DEFINED BELOW) AS FURTHER DESCRIBED IN SECTION 20 BELOW.
By using the Services, including the downloading, accessing and/or using the App, you hereby agree to these
(2) our Community Policy,
(3) any posted guidelines or rules applicable to such Service, features or offers that may be posted from time
(4) for writers, authors, content creators, and publishers, our Content Policy,
and (5) any other terms reasonably set forth by us, which are all incorporated herein by reference
(collectively the "Agreement"),
and you acknowledge that you have read and understand our Privacy
The Agreement constitutes the entire agreement between you and us.
If you do not want to agree to the Agreement, you must not access or use the Services.
The Agreement applies to all users of the App, including users who may contribute via User Postings. If there are multiple translations of the Agreement, the English version of the Agreement shall govern in the event of a conflict between the translated terms of the Agreement.
2. Changes to the Agreement.
"Coin(s)" refers to the virtual currency that may be purchased and/or earned by you to access certain content offered through the Services, including on the App.
"Digital Content" means webnovels and digitized novel or series, including single issues and trade publications, and other digital content provided through the Services, including on the App.
"User Postings" means content, including text, data, information, and any combination of these elements which you and other users may submit in connection with the Services, including through comments and other features.
Definitions not included here are included within the terms below.
4. App Access.
You may download and install the App only through an authorized app store provider and/or operator
(“App Store Provider”).
Use of the App and Services is intended only for users in the United States.
Your use of the App is subject to any terms, rules, or policies of any App Store Provider from which you have
downloaded the App (“App Store Terms”) in addition to the Agreement.
In the event of any conflict between the Agreement and any App Store Terms, the App Store Terms will prevail.
You and Company acknowledge and agree that, if you have downloaded the App from an app store, the App Store
We and our service providers are responsible for any maintenance and support of the Services and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
You may only download and install the App onto a device that you own or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under the Agreement for the use of the App and Services, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or Internet service provider in relation to any data and/or mobile connectivity used by the App.
You also understand and accept that: (a) the device you use to access the App and Services will require certain software in order for the App and Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the App and Services have not been developed to meet your individual requirements and it is therefore your responsibility to ensure that the functionality of the App meets your requirements, and (c) you are responsible for obtaining the data network access and the required device necessary (including any associated costs or fees) to use the App and Services and any updates thereto. We do not guarantee the App or Services will function on any particular network or device. In addition, the App and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Limited License.
- A. Digital Content. You understand and agree that the App and Services are owned by the Company. The Digital Content provided through the Services is owned by the Company or licensed by the copyright owner to the Company. The Digital Content, the App, the Website, and the Services are protected by copyright laws, as well as other intellectual property laws and treaties. The Company does not transfer to you any title, right or interest in any content provided in connection with the Services.
- B. Account. In order to use many features or other aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to register for an Account. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete and up-to-date Account information may result in your inability to access or use the App. Unless otherwise permitted by Company in writing, you may possess only one Account. You are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password, with or without your consent. You must not disclose your log-in credentials to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the App or Services. We have the right to disable any password or other authentication information, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of the Agreement.
- D. Restrictions on Use. Except as required by applicable local law and as allowed by this Agreement, you shall not (and shall not permit any third-party to): (i) copy, redistribute, transmit, sell, rent, lease, convey, reconvey, post, perform, broadcast, assign, display, sublicense, or otherwise make available any rights to the Services, the App, or Digital Content; (ii) circumvent, modify, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling, digital right management software, or copy protection technology used to deliver or protect the Digital Content, or in which the Digital Content is wrapped or otherwise associated with (or attempt to do any of the foregoing); (iii) remove or alter any trademark, service mark or logo or any copyright, trademark or other intellectual property notices, or any other proprietary notices or labels on or in the Digital Content; (iv) edit, modify, translate, disassemble, decompile, reverse-engineer or create derivative works or adaptations of the App or Digital Content; (v) duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content up to the period specified by Company), including but not limited to CDs, DVDs, computers or other hardware or any other medium now known or hereafter devised; or (vi) use any Digital Content in an unlawful or infringing manner.
- E. Updates. In order to keep the Services up-to-date, the Company may make available updates/upgrades to the Services. If you do not download such updates/upgrades, you may not receive certain features, functionality or notices and/or you may lose certain features, functionality or notices of the Services. Some updates may not be available to certain device models. You are responsible for any costs and/or fees associated with any such updates/upgrades.
6. Conditions of Use.
A. Users' Age Limit. You must be at least eighteen (18) years old (“Minimum
Age”) to use the Services. The use of the Services by anyone under the Minimum Age is
unauthorized and unlicensed. By using the Services, you represent and warrant that you meet the foregoing
requirement. If you do not meet this requirement, you must not access or use the Services.
You represent to us that you are at least of Minimum Age. We may request that you provide evidence of your age. We may also terminate your use of the Services if it comes to our attention that any of your representations to us is not correct.
The Company does not intentionally collect information from minors.
- B. Limitations. You must not use (or permit a third-party to use) the Services: (i) in any unlawful manner, for any unlawful purpose or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the Services or any operating system used by the Services, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (iii) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the App, (iv) via use of a robot, spider or other automated device, to monitor or copy the Services or any information provided by the Services, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Agreement, (vi) in any manner that may have a detrimental effect on the Services or the Company, or (vii) to transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- C. Content Moderation. You acknowledge and agree that while we are not obligated to do so, we may use automated and/or discretionary tools and systems to review and monitor User Postings and other content on the App or Services for violations of the Agreement and applicable law. Our content policies and the penalties for violating them, are more particularly described in our Community Policy. We have the right (but are under no obligation) to remove any User Postings if, in our opinion, they are in breach of the Agreement or are otherwise inappropriate.
We respect your privacy and we have established certain policies and procedures relating to the collection and
We do not knowingly collect personal information from users under the Minimum Age. Any parent or guardian who believes that a user under the Minimum Age may have provided personal information without their consent should contact us at Customer Care. In such a case, we will take necessary actions to delete the personal information of users under the Minimum Age.
You can delete your Account at any time by emailing us as detailed below in the Contact Information section. You acknowledge that deleting your Account alone does not delete your information from our servers or your comments from the Services. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing-up any data within the App or Services and Company is not responsible for any loss of data. To delete your comments, you must delete them from your Account on the “Comments” page. Furthermore, any Coins remaining or Digital Content access permissions (including unlocked content) in your Account will be permanently deleted upon Account deletion and cannot be restored.
8. Intellectual Property and Other Rights.
The App and Services are owned and operated by the Company and Digital Content is licensed by
the copyright owner to the Company. You acknowledge that all intellectual property rights in the App,
Services, and any Digital Content, whether registered or unregistered, including but not limited to rights in
graphics, logos, "look and feel," trade dress, sequence, structure organization, code and all content in the
App, related to the Services, and compilation thereof, anywhere in the world, belong to us or our licensors,
and certain information constitutes valuable trade secrets and confidential information of Company or our
licensors, protected by intellectual property laws. You acknowledge that rights in the App, the Services, and
the Digital Content are licensed (not sold) to you and that you have no rights in or to the App, the Services,
or the Digital Content other than the limited license granted in Section 5 above. Any use of our intellectual
property beyond the scope of this license is prohibited. Nothing posted on the App or through the Services
grants to you a license to any trademarks, copyrights or other intellectual property rights of the Company or
its licensors, whether by implication, estoppel or otherwise. You should assume that everything you see or
read on the App or Services is proprietary information protected by copyright or trademark unless otherwise
noted and may not be used except with the written permission of Company. When accessing the Services, you
agree to obey the law and to respect the intellectual property rights of others.
In the event that anyone brings a claim that the App, Services or any part of it, or your possession and/or use, infringes a third-party’s intellectual property rights, the third-party App Store Provider (including without limitation Apple) will not be responsible for any investigation, defense, settlement and discharge of any such claim.
9. User Postings.
Whenever you make use of a feature that allows you to upload or submit any User Postings or to
share any User Postings with other users of the Services, you promise that any such User Posting: (a) will not
be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property
rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will
comply with applicable laws, (d) will not promote violence or discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not
be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to
harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person or misrepresent
your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if
this is not the case, (j) will not advocate, promote or assist any unlawful act such as (by way of example
only) copyright infringement or computer misuse, and (k) will comply with our Community Policy. We have the
right (but are under no obligation) to remove any User Postings if, in our opinion, it is in breach of the
Agreement or is otherwise inappropriate.
The Services include content provided by third parties, including materials provided by other users and third-party licensors (e.g., Digital Content). All statements and/or opinions expressed in these materials and all other content, other than the content provided directly by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Copyright Infringement - DMCA Notice.
Company complies with the provisions of the Digital Millennium Copyright Act applicable to
Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Services you may contact our designated agent at the following address:
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- • a description of the copyrighted work or other intellectual property that you claim has been infringed;
- • a description of the material that you claim is infringing and where it is located on the Services;
- • your address, telephone number and email address;
- • a statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent or the law; and
- • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company may provide its own advertisements or any third parties’ advertisements to you online or offline, including but not limited to, on the Website and/or the App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third-party advertiser’s products or services. Advertisements may consist of text, graphics, audio and/or video or any combination thereof and may direct a user to an external link (e.g., a landing page).
12. Purchasing & Redeeming Coins.
- A. Some aspects of our Services may include Digital Content that require the redemption of Coins. You may access such content by purchasing and/or earning Coins. Coins cannot be exchanged or be used for any other purpose other than to access certain Digital Content offered by the Services. You do not own the Coins regardless of whether you have "purchased" and/or "earned" them. Furthermore, Coins do not hold any "real world" value. You are granted a limited, non-transferable, revocable, non-exclusive license for a limited time (i.e., Coins may expire after a designated period of time) for personal use of the Coins to access certain Digital Content through the Services.
- B. For iOS users only: Coins may be purchased without logging into an Account, only on iOS devices. If you choose to purchase and/or use Coins without logging into your Account, the purchased Coins and any unlocked chapters or other Digital Content (“Purchased Items”) will only be stored on your device. This means you will not be able to transfer Purchased Items to another device Purchased Items, and in the event you delete the App from your device, all Purchased Items will be deleted permanently and cannot be restored even if the App is reinstalled.
- C. Coins will be provided to you by the means specified by the Company such as purchases, special offers and the like. All prices displayed on the Services are quoted in U.S. Dollars. Company reserves the right to change the purchase price for the Coins at any time and the number of Coins required for accessing the Digital Content will be determined on a case-by-case basis by the Company from time to time and displayed accordingly on the Services.
- D. If you make a payment through our Services, you agree to have your information shared with our third-party payment processor and its affiliates for purposes of processing your payment. You agree that Company will not be responsible for any failures of such third-parties to adequately protect your information. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that: (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. We reserve the right, at our sole discretion, to impose quantity limits on any order (e.g., where we have reason to believe you are violating the Agreement by using the Coins outside of your personal use) or refuse to accept or cancel any order for any reason. No user or Account may hold a cumulative balance of Coins worth in excess of US$2,000 at any time. No user may purchase more than US$10,000 in Coins on any given day.
- E. Coins may only be used by the Account that purchased and/or earned them. Coins generally may be transferred between devices running on different operating systems if used under the same Account, subject to restrictions placed by the operating system for certain user IDs (e.g., Coins purchased while using an Apple ID can only be used on iOS). Coins cannot be used across different languages for Digital Content. By way of example, Coins purchased from an Account to access content in English cannot be used to access Spanish language content (even if using the same Account).
- F. You agree that any Coins used to unlock chapters or other Digital Content are not refundable for any reason unless required by applicable laws or the App Store Provider. To the extent required by applicable law or the App Store Provider, any unused Coins may be refunded for a limited time in accordance with such applicable laws or App Store Terms or policies.
- G. Company may from time to time offer promotional Coins that you do not pay for, including any Coins we offer you in connection with your download of the App, use of Services, or purchase of other products, your use of the Services or any other promotional activity ("Promo Coins"). Promo Coins may expire after a certain period of time, which Company shall designate from time to time. When you use Coins to redeem content, any Promo Coins you have in your Account will be applied first, followed by your purchased Coins.
- H. Company may from time to time offer promotional passes to access certain Digital Content that you do not pay for, including in connection with your download of the App, use of Services, or purchase of other products, your use of the App (e.g., events) or any other promotional activity ("Free Passes"). Free Passes may expire after a certain period of time, which Company shall designate from time to time. Free Passes only enable you to borrow Digital Content and access will be revoked after a designated period of time. With respect to the use of passes and promotional passes to access Digital Content, Daily Unlock Passes for your Account will be applied first, then Free Passes (which may expire), then after all Free Passes have been applied, Coins as specified above.
- I. You are not allowed to transfer Coins outside of the App or Services (e.g., selling, gifting or trading them), nor sublicense, trade, sell or attempt to sell Coins for real money or exchange Coins for value of any kind outside of the App or Services. Any such transfer is prohibited and void.
- J. Upon thirty (30) days prior notice to you, we may for business or technical purposes discontinue the usage of Coins from our App. In such event, all unused Coins will expire immediately on the specified discontinuance date. You will not be entitled to any credits, refunds or reimbursements with respect to any such Coins, except as provided by applicable laws or App Store Terms or policies.
13. Suspension of Access.
The Company may, at its sole discretion, modify, suspend or discontinue access to certain Services, Digital Content or the App in the event of a rights issue or other business or legal issue or if you fail to comply with any term of the Agreement.
Your rights under the Agreement and access to your Account, the Services, or any Digital Content will
automatically be revoked or terminated, at Company’s sole discretion and without prior notice or liability to
you, if: (a) you fail to comply with any term of the Agreement; (b) we discontinue the Services, (c) we are
prevented from providing the Services for any reason, (d) if required by law, or (e) due to an event beyond
our control. In case of such termination, you must cease all use of the Services and/or Digital Content and
uninstall it from your device.
The Company’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
15. Disclaimer of Warranties.
USE OF THE APP, THE SERVICES, AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE APP,
THE SERVICES, AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS
UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP, THE
SERVICES, OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES,
MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY
DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR
ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT
FROM YOUR USE OF THE SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR
COMPLETENESS OF THE CONTENT ON THE APP OR THE CONTENT OF ANY SITES LINKED TO THE APP AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES 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 SERVICES 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 SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN THE EVENT YOUR STATE
OR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY
We only provide the Services for personal and private use. You agree not to use the Services for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
16. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR BREACH OF ANY EXPRESS OR
IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO, OR
IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE APP, THE SERVICES, USER POSTINGS AND/OR DIGITAL
CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, PERSONAL
INJURY, USE OF THE APP, THE SERVICES, USER POSTINGS AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. USE OF THE APP, THE SERVICES, USER POSTINGS AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE
FOR SERVICES PROVIDED FREE OF CHARGE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, CONTENT ON THE APP, IS TO STOP USING THE SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE FOREGOING EXCLUSION OF LIABILITY IS DETERMINED, IN WHOLE OR IN PART, TO BE INVALID OR UNENFORCEABLE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THE AGREEMENT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THE SERVICES, APP OR UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID, INCLUDING FOR THE COINS, FOR SERVICES WHICH GAVE RISE TO THE DISPUTE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree that any claim or cause of action arising under the Agreement or the performance or non-performance of the Services must be brought to us (and not the App Store Provider) and must be brought within one year after such claim or cause of action arises or be forever barred.
You agree to indemnify, defend and hold harmless the Company and its affiliates and respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) against any losses, liabilities, claims, causes of action and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim and reasonable litigation expenses) arising out of or relating to your use of the App, Services, Digital Content, User Postings, your violation of the Agreement, your violation of the rights of any third-party, or your violation of any applicable law or regulation. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
18. Geographic Restrictions.
We provide the Services for use by persons located in the United States. We make no claims that the Services or any portion of the Services is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Governing Law; Jurisdiction.
The Agreement will be exclusively governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Company agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to the Agreement or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Company shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction and we retain the right to bring any suit, action or proceeding against you for breach of the Agreement in your country of residence or any other relevant country.
20. Binding Arbitration.
A. Arbitration Procedures. You and Company agree that, except as provided in subsection D
below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding
arbitration, which may be initiated by either party by sending a written notice requesting arbitration to
the other party. Any election to arbitrate by one party shall be final and binding on the other. The
arbitration will be conducted under the Rules of Arbitration of the American Arbitration Association
(“AAA”) applying California law that are in effect at the time the arbitration is initiated
in this Section 20 and the AAA Rules, the terms in this Section will control and prevail.
- B. Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
- C. Limitations. You and Company agree that any arbitration shall be limited to the Claim between Company and you individually. YOU AND COMPANY AGREE THAT (1) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (3) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- D. Exceptions to Arbitration. You and Company agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Excluded Dispute, (ii) any Claim related to or arising from, allegations of theft, piracy or unauthorized use and (iii) any claim for equitable relief.
- E. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the AAA arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by AAA for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.
- F. Severability. You and Company agree that if any portion of this Section is found illegal or unenforceable (except any portion of subsection D), that portion shall be severed and the remainder of the Section shall be given full force and effect. If subsection D is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Claim falling within that portion of subsection D found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California and you and Company agree to submit to the personal jurisdiction of that court.
21. Third-Party Sites and Services
The App may contain links to or allow you to share content directly with other third-party services
(“Third-party Services”). You acknowledge that we have no control over Third-party Services
and are not responsible for their contents and/or availability. We do not assume any liability for your use of
any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third-party Services and we have no association with their operators. Your use of Third-party Services will be governed by their terms and conditions and privacy policies (if any) (“Third-party Terms”). It is your responsibility to read and comply with all Third-party Terms.
22. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at 916-445-1254 or 800-952-5210.
A. Entire Agreement and Severability. The Agreement is the entire agreement between you and
the Company regarding the App, Services, and/or Digital Content and supersedes all prior understandings
regarding such subject matter. If any term or condition of the Agreement is deemed invalid, void or for any
reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability
of any remaining term or condition.
B. Assignment. The rights granted to you under the Agreement may not be assigned without Company’s prior written consent and any attempted unauthorized assignment by you shall be null and void.
C. Waiver. Our failure to enforce any provision of the Agreement shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Company of any provision, condition or requirement of the Agreement shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
D. Equitable Remedies. You acknowledge and agree that Company would be irreparably damaged if the terms of the Agreement were not specifically enforced and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
24. Contact Information
For help with the App and/or Digital Content, please contact Customer Care.