TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL MANGA INC. STATING THE TERMS THAT GOVERN YOUR USE OF THE EMANGA.COM RENTAL SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF EMANGA.COM RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND DIGITAL MANGA INC. BY USING AND ACCESSING THIS SITE, YOU AGREE TO THESE TERMS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND EMANGA.COM MAY REFUSE ACCESS TO THE EMANGA.COM STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
Digital Manga Inc. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
1. Definition of the eManga.com Store Service.
Digital Manga is the provider of the eManga.com rental store (the "Service") that permits you to purchase or rent (as applicable) digital content, such as ebooks, sound recordings and videos, under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service.
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Some content on the site is labeled as adult content and restricted to users over the age of 18. Misrepresenting your age in order to gain access to there products may be a violation of local, state and federal laws. By accessing these portions of the site, you attest under penalty of perjury that you:
(1) Are 18 years of age or older
(2) Are not accessing this material to use against the site operator or any person whomsoever in any conceivable manner.
(3) Will not redistribute this material to anyone nor will you permit any minor or any other who might find such material personally offensive to see this material.
(4) Believe that such material does not offend the standards of the community in which you live.
3. Objectionable Material.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit content. Nevertheless, you agree to use the Service at your sole risk and that Digital Manga, Inc. shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that Digital Manga does not guarantee their accuracy.
4. System Requirements.
Use of the Service requires Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
5. Policies and Rules.
Your use of the Service and transactions made through it are subject to Digital Manga's Terms of Sale. If you have not already read Digital Manga Inc.'s Terms of Sale, you should do so now.
6. Digital Manga's Privacy Policy.
Except as otherwise expressly provided for in this Agreement, the Service is subject to Digital Manga's Privacy Policy, which is expressly made a part of this Agreement. If you have not already read Digital Manga's Privacy Policy, you should do so now.
7. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Digital Manga may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Digital Manga may store and use the Registration Data you provide for use in maintaining your accounts and billing fees to your credit card or PayPal account.
8. User Account and Security.
a. Account and Password.
As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Digital Manga of any unauthorized use of your Account or any other breach of security. Digital Manga shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security.
You understand that the Service, and products transacted through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Digital Manga and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Digital Manga for compliance purposes, and Digital Manga reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Digital Manga for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
9. Purchase or Rental of Digital Manga Content
a. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You agree that comic rentals are for the amount of time stipulated at the time of buying. Currently 72 hours, Digital Manga reserves the right to change the rental time without notice.
(iv) After the purchase of the same product twice, or the purchase of an unlimited rental, you will have the ability to access that specific content without the further need to exchange points. This unlimited access does not constitute any ownership of the media presented. Digital Manga reserves the right to retire, remove and/or delete content from the site and will have no liability to you in such case.
(v) You acknowledge that some aspects of the Service, Products and administering of the Usage Rules entails the ongoing involvement of Digital Manga and negotiations with 3rd party vendors. Accordingly, if Digital Manga changes any part of the service or discontinues the service, which Digital Manga can do at its election, you acknowledge that you many no longer be able to use Products to the same extent as prior to such change or discontinuation and that Digital Manga shall have no liability to you in such case.
(vi) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(vii) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
b. You agree that your purchase or rental (as applicable) of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Digital Manga reserves the right to modify the Usage Rules at any time.
c. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Digital Manga a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
Digital Manga reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
Digital Manga has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Digital Manga in its sole discretion deems appropriate.
10. Agreement to Pay.
a. Payment for Products.
You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that Digital Manga may charge your credit card for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DIGITAL MANGA WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES.
b. Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.
11. Intellectual Property.
a. Acknowledgement of Ownership.
You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Digital Manga and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Content or Other Materials.
Notwithstanding any other provision of this Agreement, Digital Manga and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Digital Manga be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement.
12. Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Digital Manga may provide links to certain third party Web sites. You acknowledge and agree that Digital Manga is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Digital Manga does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Digital Manga is not in any way responsible for any such use by you.
13. Disclaimer of Warranties; Liability Limitations.
a. DIGITAL MANGA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DIGITAL MANGA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. DIGITAL MANGA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DIGITAL MANGA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
14. Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD DIGITAL MANGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY DIGITAL MANGA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DIGITAL MANGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DIGITAL MANGA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
15. Governing Law.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Digital Manga or relating in any way to your use of the Service resides in the courts of the State of California.
