YONDER Terms of Use

Last Updated: September 25, 2023.

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, SECTION 20 AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND YONDER WILL BE HANDLED. PLEASE REVIEW CAREFULLY. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY AGREE TO THE ARBITRATION OF ALL DISPUTES (AS DEFINED BELOW) AS FURTHER DESCRIBED IN SECTION 20 BELOW.

These YONDER Terms of Use apply to your access and use of the YONDER App, the YONDER Website, and access to and use of the webpages, platform, services or content therein or provided thereby (collectively, the “Services”) as provided by us. If you do not agree to these Terms of Use, you are not authorized to use the Services and you must promptly cease using any portion of the Services. “YONDER,” “Us,” or “We” refers to WEBTOON Entertainment Inc. and any of its affiliates that may provide a portion of the Services, including NAVER WEBTOON Ltd.

1. Acceptance of the Terms of Use.

By accessing or using the Services, logging in to the Services, publishing User Postings, and/or clicking on a button on the Services indicating your consent, you hereby agree to (1) these YONDER Terms of Use, (2) our Community Policy, (3) any posted guidelines or rules applicable to the Services, features or offers that may be posted from time to 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 Policy. The Agreement constitutes the entire agreement between YONDER and you. If you do not want to agree to the Agreement, you may not access or use the Services.

Please read the Agreement carefully before using the Services. The Agreement applies to all users of the YONDER App, the YONDER Website, or the Services, including users who may contribute via User Postings. If there are multiple translations of the Agreement, to the extent permitted by applicable laws, the original English text of the Agreement shall govern in the event of a conflict between the translated text (provided for your convenience only) and the English text of the Agreement (including due to the delay in translation. If you are using the Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to the Agreement, and the words “you” or “your” in the Agreement includes such other person or entity. In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement.

2. Changes to the Agreement.

YONDER may make changes to the Agreement from time to time by publishing amended versions on the YONDER App and/or the YONDER Website, or the Services. We will attempt to provide you with notice of any changes to the Agreement that materially affect your rights by notifying you via email, offering a notification within the YONDER App and/or the YONDER Website, or by updating the date at the top of the Agreement. You should also periodically review the most up-to-date version of the Agreement on the YONDER App and/or the YONDER Website. All modifications to the Agreement that we post on the Services will be effective immediately upon posting, and your continued use of the Services after we post changes to the Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop using the Services. The current version of these Terms of Use is effective as of the “Last Updated” date above.

3. Definitions.

For the purposes of these YONDER Terms of Use:
"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.

“YONDER Website” means www.yonderstory.com and any related websites operated or used by YONDER in connection with the Services.

“YONDER App” means, collectively, YONDER’s digital webnovel reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (i) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (ii) manage your Digital Content and account settings.
Definitions not included here are included within the terms herein.

4. App and Services Access.

You may download and install the YONDER App only through an authorized app store provider and/or operator (“App Store Provider”). Use of the YONDER App and the Services is intended only for users in the United States. Your use of the YONDER App is subject to any terms, rules, or policies of any App Store Provider from which you have downloaded the YONDER 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 YONDER acknowledge and agree that, if you have downloaded the YONDER App from an app store, the App Store Provider and its subsidiaries are third-party beneficiaries under these Terms of Use and the App Store Provider will have the right to enforce these Terms of Use against you directly.

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 YONDER App is not under any obligation to you to carry out any maintenance and/or support for the YONDER App itself.

You may only download and install the YONDER 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 YONDER App and Services, whether or not you own the device onto which the YONDER App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the YONDER 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 YONDER App.

You may use the Services, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which we permitted you to download. You may not (i) separate any individual component of such software for use on another device or computer; (ii) transfer it for use on another device or computer or use it, or any portion of it, over a network, or (iii) sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part. We cannot guarantee the Services will correctly or immediately reflect your preferences and actions in whole or part. You also understand and accept that: (a) the device you use to access the YONDER App and Services will require certain software in order for the YONDER App and Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the YONDER 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 YONDER 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 YONDER App and Services and any updates thereto. We do not guarantee the YONDER App or Services will function on any particular network or device. In addition, the YONDER App and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Ownership and License of Digital Content and User Postings.

  1. A. Digital Content. You understand and agree that the Services (including the YONDER App and YONDER Website) are owned by YONDER. The Digital Content made available on the Services is owned by YONDER or licensed by the applicable copyright owner to YONDER. The Digital Content, the YONDER App, the YONDER Website, the software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Services are protected by the laws and treaties of the United States and other countries relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. YONDER does not transfer to you any title, right or interest in any content provided in connection with the Services, including Digital Content.
  2. 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 YONDER App, the YONDER Website, or the Services. Unless otherwise permitted by YONDER 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 may be held liable for losses incurred by YONDER or others due to any unauthorized use of your username, password or account. You may not use anyone else’s account at any time without the permission of the account holder. 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 YONDER App, the YONDER Website, 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.
  3. C. License of Digital Content to You. Subject to your compliance with the Agreement and upon your download and/or use of the Services, YONDER grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download (for a limited time) and use the Services, the YONDER App and Digital Content, solely for your personal, non-commercial use consistent with the terms of the Agreement, provided that you access the Digital Content only within the country in which you have established your account and/or only in geographic locations where we offer our Services and have licensed such Digital Content. The availability of Digital Content may vary by geographic location and may change from time to time. The license does not confer to you any ownership interest in any portion of the Services, the YONDER App, or Digital Content. The Digital Content is licensed to you by YONDER, not sold, transferred or assigned to you and we reserve all other rights, which are not granted in these Terms of Use. You may download certain Digital Content to the permitted number of devices as may be determined by us from time to time, which will be accessible during the period of time allowed under our then current service policy. We cannot guarantee the availability of any particular Digital Content at any particular time and such Digital Content may be automatically deleted from your device as required (e.g., by our licensors), and we reserve the right to change and/or cancel our offerings on the Services, without notice, at any time.
  4. D. Restrictions on Use. Except as required by applicable local law and as otherwise stated in writing by YONDER, you may not (and may 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 YONDER 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 any other component of the Services, 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 or any other component of the Services; (iv) edit, modify, translate, disassemble, decompile, reverse-engineer or create derivative works or adaptations of the YONDER App, Digital Content, or any other component of the Services or Digital Content or reduce the Services or any software or data in which the Digital Content is stored to a human-readable form, whether in whole or in part; (v) duplicate or otherwise reproduce (including but not limited to “burning”) the Digital Content, the Services, 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 YONDER), including but not limited to computers or other hardware or any other medium now known or hereafter devised; or (vi) use any Digital Content or any other component of the Services in an unlawful or infringing manner.
  5. E. Updates. In order to keep the Services up-to-date and in conformance, YONDER may make available updates/upgrades to the Services. If you do not download such updates/upgrades, your use of the Services may not be secure, and you may not receive certain features, functionality or notices and/or you may lose access to 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.

  1. A. Minimum Age. 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 may 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.

    YONDER does not intentionally collect information from minors.
  2. B. Acceptable Use. You may not access or use, or attempt to access or use, the Services to take any action that could harm YONDER, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not (or permit a third-party to):
    i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
    ii. allow any other person to use the Services under your account;
    iii. engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
    iv. take any action that imposes an unreasonable or disproportionately large load on or damage, disable, or compromise YONDER’s network or infrastructure;
    v. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
    vi. 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,
    vii. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
    viii. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Agreement or use the Services in any manner that may have a detrimental effect on the Services or YONDER;
    ix. distribute any unauthorized materials or advertise or promote goods or services through the Services without YONDER’s permission (including, without limitation, by sending spam); or
    x. engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in YONDER’s sole judgment, exposes YONDER or any of YONDER’s users, affiliates, or any other third party to any liability, damages, or detriment of any type.

    Violations of system or network security may result in civil or criminal liability. YONDER may investigate and work with law enforcement authorities to prosecute users who violate the Agreement.
  3. C. Content Moderation. You acknowledge and agree that while we are not obligated to do so, we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate User Postings, Digital Content, other content on the YONDER App or the Services for violations of the Agreement, existing and future YONDER policies and guidelines, 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.
  4. D. Compliance with Law and Reservation of Rights. You must use the Services and Digital Content in compliance with applicable laws and you may not use the Services in any manner that may have a detrimental effect on the Services, YONDER, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in the Agreement are reserved to YONDER.

7. Privacy.

  1. A. YONDER respects your privacy and we have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. Our Privacy Policy is available in the YONDER App and on the YONDER Website and applies to your use of the Services. Please read our Privacy Policy to understand the ways in which we collect and use your personal information.

    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, in our reasonable judgment, we may delete the personal information of such users under the Minimum Age.
  2. B. If you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies. If you choose to engage in public activities on the Services, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.
  3. C. By agreeing to the Agreement or using the Services, you agree to receive communications from us, including via email and push notifications. YONDER may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by YONDER, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive communications from YONDER that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods YONDER may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or the Agreement; and (iv) tell you about future YONDER programs, products or services. Communications from us may also include responses to your inquiries, operational communications concerning your Account or use of the Services, or promotional materials, subject to our Privacy Policy.
  4. D, 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 YONDER App or the Services and YONDER 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 YONDER App and the Services are owned and operated by YONDER and Digital Content is licensed by the applicable copyright owner to YONDER. You acknowledge that all intellectual property rights in the YONDER App, the 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 YONDER App, the YONDER Website, or 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 YONDER or our licensors, protected by intellectual property laws. You acknowledge that rights in the YONDER App, the YONDER Website, the Services, and the Digital Content are licensed (not sold) to you and that you have no rights in or to the YONDER App, the YONDER Website, 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 YONDER App or through the Services grants to you a license to any trademarks, copyrights or other intellectual property rights of YONDER or its licensors, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the YONDER App or the Services is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of YONDER. When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others.

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 YONDER, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of YONDER. 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.

In the event that anyone brings a claim that the YONDER App, the 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.

We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that: (i) any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services, or in any such Feedback; (ii) we may have something similar to the Feedback already under consideration or in development; (iii) all Feedback will be the sole and exclusive property of YONDER and YONDER will have the right (subject to our Privacy Policy), without limit in time and without payment to you or any third-party, to use, copy, distribute, adapt and disclose it via the Services or otherwise to third-parties for any purpose, in any way and in any media worldwide now known or later discovered. You hereby assign to YONDER any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to the Feedback.

9. User Postings.

  1. A. User Postings. You represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted to us herein for any User Posting that you post or submit through the Services, and that your User Posting will not contain any content or material that (i) violates our Content Guidelines (as described in the Community Policy) or (ii) is subject to copyright, publicity, or other proprietary or privacy rights, unless you have the necessary permissions and are otherwise legally entitled to post the material and to grant us the license described above. 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, include will not be likely to deceive any person, (e) will comply with our Community Policy, (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 and be subject to this Agreement. 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.
  2. B. License of User Postings to YONDER.

    i. For any User Posting posted or submitted through the Services, whether previously existing, or posted or submitted going forward, you grant us, to the maximum extent permitted under applicable laws, a nonexclusive, irrevocable, royalty-free, worldwide, transferable, sublicensable (through multiple tiers of sublicensees) license to access, use, host, cache, store, reproduce, transmit, modify, create derivative works of, perform (including publicly), display (including publicly), publish, distribute, monetize, (e.g. by placing advertisements or charging for access) and otherwise exploit your User Posting for any purpose in all media now known or hereafter devised, for the full duration of all applicable intellectual property rights in and to the User Posting.

    ii. For the avoidance of doubt, the foregoing license includes the right to use your User Postings to market the Services and the content on our Services. This means we are allowed to, among other things, send emails containing your User Postings (in whole or in part) to other Service users or exhibit your User Postings (in whole or in part) on advertisements or promotions for the Services.

    iii. Likewise, by uploading your User Postings you grant other users the right to access the User Postings via the Services, to view them and to use them with the Service functions we make available to such users

10. Copyright Infringement - DMCA Notice.

YONDER 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:

Email: dl_gnpoperations@webtoonscorp.com

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.

11. Advertisement.

We may use the Digital Content, User Postings or any derivative works thereof throughout the world, to promote, market, and publicize the Service, Digital Content or User Postings, including excerpts, in any and all languages, formats and media, whether now known or hereafter created.

YONDER may provide its own advertisements or any third parties’ advertisements to you online or offline, including but not limited to, on the YONDER Website and/or the YONDER 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 scripts, text, graphics, audio and/or video or any combination thereof and may direct a user to an external link (e.g., a landing page).

The Services may contain or accept links to third party services or contents, and integrations with third party platforms, like social media sites. YONDER does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content and integrations. Use of any linked third-party service, content and integrations is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party services, and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding any such third-party service or resource or any link thereto, should be directed to the particular third-party service or resource.

12. Purchasing & Redeeming Coins.

  1. 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. Coins do not constitute a personal property right under any law. 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.
  2. 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 YONDER App from your device, all Purchased Items will be deleted permanently and cannot be restored even if the YONDER App is reinstalled.
  3. C. Coins will be provided to you by the means specified by YONDER such as purchases, special offers and the like. All prices displayed on the Services are quoted in U.S. Dollars. YONDER 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 may be changed by YONDER from time to time.
  4. 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 YONDER 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. We may modify or limit the maximum balance of Coins held in your account and maximum value of Coins you can purchase at any time and to any amount in our sole discretion.
  5. 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).
  6. 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 or unless we elect, in our sole discretion, to rescind your purchase of Coins. 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.
  7. G. YONDER 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 YONDER 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 YONDER 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.
  8. H. YONDER 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 YONDER App, use of Services, or purchase of other products, your use of the YONDER App (e.g., events) or any other promotional activity ("Free Passes"). Free Passes may expire after a certain period of time, which YONDER 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.
  9. I. You are not allowed to transfer Coins outside of the YONDER 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 YONDER App or Services. Any such transfer is prohibited and void.
  10. J. Upon thirty (30) days prior notice to you, we may for business or technical purposes discontinue the usage of Coins from the YONDER 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. Fees.

You may be required to pay fees to YONDER in order to purchase Coins or otherwise use certain functionality of the Services (“Service Fees”). You are responsible for paying any applicable Service Fees, if any, listed on the Services at the time of purchase. If such Service Fees are specified to be recurring on the Services, you agree that YONDER may charge such Service Fees on a periodic basis to the payment method you specify at the time of your initial purchase (your “Payment Method”). By using a Payment Method to pay Service Fees, you are expressly agreeing that YONDER is authorized to charge to the Payment Method the Service Fees and any other fees for additional services you may purchase, together with any applicable taxes. You acknowledge and agree that any fees for the Services may increase at any time. Additional fees may apply for new features or additions to the Service that may be made available from time to time, in which case YONDER will provide you with notice in advance of charging the additional fees. In the event YONDER charges additional fees in connection with the Services, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. You acknowledge and agree that YONDER may use third party payment processors to process Service Fees on our behalf, and that YONDER will not be held liable for any errors caused by such third party payment processors.

14. Termination and Suspension.

You may stop using our Services at any time. We reserve the right to, at any time with or without notice: (i) modify, suspend, or terminate operation of or access to the Services, Digital Content, or the YONDER App, in whole or in part for any or no reason; and (ii) interrupt the operation of the Service, in whole or in part as necessary to perform routine or non-routine maintenance, error correction or other changes.

Your rights under the Agreement and access to your Account, the Services, or any Digital Content will automatically be revoked or terminated, at our 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 YONDER reserves the right to immediately revoke your access to all or a portion of the Services and/or Digital Content. Without limiting the foregoing, YONDER may, at its sole discretion, suspend your access to the Services in part or in whole if you fail to comply with any term of the Agreement. YONDER’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of YONDER’s rights or remedies.

15. Disclaimer of Warranties.

USE OF THE YONDER APP, THE SERVICES, AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YONDER OR AN AUTHORIZED REPRESENTATIVE OF YONDER CREATES A WARRANTY, AND THE YONDER APP, THE SERVICES, AND/OR DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YONDER 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. YONDER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE YONDER 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. YONDER 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. YONDER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE YONDER APP OR THE CONTENT OF ANY SITES LINKED TO THE YONDER 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. YONDER 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 YONDER 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. NO ADVICE OR INFORMATION OBTAINED FROM YONDER OR THROUGH THE SERVICES CREATES A WARRANTY OR REPRESENTATION THAT IS NOT EXPLICITLY MADE IN THIS PARAGRAPH. . SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF WARRANTES AS SET FORTH ABOVE. IN THOSE JURISDICTIONS SOME OR ALL PARTS OF THE ABOVE SECTION LIMITING SUCH WARRANTIES MAY NOT APPLY TO YOU. IN SUCH CASES, AN ADDENDUM STIPULATING OTHERWISE MAY APPLY TO YOU AND YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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, YONDER AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE YONDER APP, THE YONDER WEBSITE, THE SERVICES, USER POSTINGS AND/OR DIGITAL CONTENT, OR ANY OTHER COMPONENT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, PERSONAL INJURY, USE OF THE YONDER APP, THE YONDER WEBSITE, 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 YONDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE YONDER APP, THE YONDER WEBSITE, THE SERVICES, USER POSTINGS AND/OR DIGITAL CONTENT, AND OTHER COMPONENTS OF THE SERVICES IS AT YOUR SOLE RISK.

FOR SERVICES PROVIDED FREE OF CHARGE, YONDER 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 YONDER APP, IS TO STOP USING THE SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT YONDER 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, WITHOUT LIMITING THE FOREGOING, YONDER’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THE AGREEMENT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THE SERVICES, YONDER 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 THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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.

17. Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless YONDER and its affiliates and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) against any losses, liabilities, claims, causes of action, demands, 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 YONDER App, the 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, including without limitation all claims of third parties regarding infringement or violation of such third party’s rights (including without limitation personal rights and/or copyrights) by your User Postings. 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 are such a prohibited person or you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable 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 agree that any legal suit, cause of action or proceeding that may arise out of, or related to the Agreement that is not resolved by binding Arbitration as provided in Section 20 shall be instituted exclusively In the federal courts of the United States or the courts of the State of California, in each case located In the City of Los Angeles and County of Los Angeles although 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. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.

20. Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

In order to expedite and control the cost of disputes, YONDER and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or the Agreement (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

  1. a) Notice of Dispute. In the event of a Dispute, you or YONDER must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to YONDER at 5700 Wilshire Blvd., Suite 220, Los Angeles, California 90036 and also via e-mail to legal@webtoon.com. YONDER will send any Notice of Dispute to you by first class U.S. Mail to your address if YONDER has it, or otherwise to your e-mail address. You and YONDER will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or YONDER may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met.
  2. b) Mediation, Binding Arbitration and Governing Law. You and YONDER shall endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation shall be Los Angeles, California. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or YONDER may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 20. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator shall decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of the Agreement (e.g., unconscionability). For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable JAMS rules. The place of arbitration shall be Los Angeles, California. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
  3. c) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor YONDER will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other Service users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
  4. d) Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees.
  5. e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, YONDER and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
  6. f) Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If YONDER files, then YONDER will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines.
  7. g) Filing Period. To the extent permitted by law, any Dispute under the Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred.
  8. h) Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to the Agreement (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: 5700 Wilshire Blvd., Suite 220, Los Angeles, California 90036.
  9. i) YONDER AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD-PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION 20.

21. Third-Party Sites and Services

The YONDER 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.

23. Miscellaneous

A. Entire Agreement and Severability. The Agreement is the entire agreement between you and YONDER regarding the YONDER 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 YONDER’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 YONDER 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 YONDER 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 YONDER App, the Services, and/or Digital Content, please contact Customer Care.