THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL MANGA INC. STATING THE TERMS THAT GOVERN YOUR USE OF THE EMANGA.COM RETAIL 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 retail store (the "Service") that permits you to purchase (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 these 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:
- Are 18 years of age or older.
- Are not accessing this material to use against the site operator or any person whomsoever in any conceivable manner.
- 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.
- 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 (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.
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
- 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.
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, termination of your account and access to your past purchases revoked.
9. Purchase of Digital Manga Content
- 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.
- Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
- You shall be authorized to use the Products only for personal, noncommercial use.
- After the purchase of the product you will have the ability to access that specific content at anytime without the further need of purchase. This limited access constitutes ownership of the media presented unless terms of sale are violated by the end user. 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.
You may download or copy content, as authorized by the terms of service and only for your own personal use, so long as all copyright and other notices (such as terms of service) is maintained. No copying, storage, redistribution or publication of content is permitted outside the terms of service without express permission of Digital Manga and their authorized representatives.
Usage of Downloaded Content:
Digital Books acquired on eManga may be used on an unlimited amount of transferable devices so long as the Digital Book is solely used for purchaser’s personal and non-commercial use.
Digital Books may be re-downloaded at any time the content is available. The excess and abuse of downloads will be scrutinized and user may be penalized and/or found in violation Terms of Service, in which the user account will be terminated.
- 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.
- 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.
- The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
- (Terms of Sale) You agree that your purchase (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 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.
- 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
- Purchases of downloadable titles, not online streaming, will be available for download for at least 30 days , and it is the customers responsibility to download them. After 30 days, even though download may still be available, eManga is not responsible or obligated to the customer of their purchases, if in the event of online store technical difficulties, or online store shutdown and discontinuation of services.
If online store shutdown and discontinuation of services does occur, minimum of one month notification will be given and announced to registered customers, Promo codes, gift cards, and reward points will expire and are not subject for refunds.
- eManga.com and Digital Manga, Inc. reserves the right to terminate service and any one customer’s account if they deem the service is being abused or manipulated in any way by the customer. Abused and manipulation of services include but does not limit to the promo codes, gift codes, reward points, illegal distribution of digital files. Termination includes loss of login and access of the customer’s account, deletion of the customer’s library, and all purchases non-refundable.
10. Agreement to Pay
- Payment for Products
You agree to pay for all Products you purchase (as applicable) through the Service, and that Digital Manga may charge your credit card, or any other payment methods provided by the service, for any Products purchased (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, OR DETAILS FOR OTHER PAYMENT METHODS USED, FOR PAYMENT OF ALL FEES.
- Right to Change Prices and Availability of Products
Prices and availability of any Products are subject to change at any time.
11. Intellectual Property
- Acknowledgment 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.
- 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 and Penalty of Noncompliance
Your use of the Service and agreement to the Terms include acknowledgement and agreement of the Disclaimer of Warranties, Liability Limitations, and Penalties for noncompliance with the Terms of Service. If you have not already read Digital Manga Inc.'s Disclaimer, you should do so now.