JManga Members using the Monthly Point Plan at JManga.com are allotted points based on a monthly fee. JManga Members using the Pay-as-you-go Plan may make one-time point purchases as need. JManga Members may use these points to purchase digital comics by volume, chapter, and/or in sets of volumes. Digital comics purchased can be accessed anytime through the JManga Member's "My Page". Transaction s cannot exceed $2,000 per device per day or $10,000 for an individual member per day. Neither fees nor points are refundable or redeemable in cash. You agree to immediately pay any amounts accrued, but remaining unpaid, upon any termination or cancellation. You hereby authorize JManga to collect fees by charging the credit card you provide to us as part of your JManga account information, either directly or indirectly via a third party online payment service, such as PayPal.
JManga members at www.jmanga7.com may be able to access certain content for the applicable time period through the Sites, APPs or Services by paying a monthly subscription fee. (The certain content and the applicable time period are subject to change without prior notification from JManga.) Fees are not refundable. You hereby authorize JManga to collect fees through the provided payment method of your selection on a monthly basis unless your subscription is canceled. You are responsible for safeguarding and maintaining the confidentiality of your JManga7 account information.
(a) Definitions. Certain content and materials are made available through the Sites, APPs and Services, including the following: "JManga Content" means, collectively, the text, data, graphics, images, JManga trademarks and logos and other content (including Licensed Content) made available through the Sites, APPs and Services, excluding User Submissions. "Licensed Content" means any content (including any image, text, audio or video content) provided to JManga by its third party content partners made available through the Sites, APPs and Services. "User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which JManga Members post, upload and otherwise submit to the Sites, APPs or Services, including, without limitation, in their profile page, excluding Translated Content.
(b) User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Sites, APPs or Services, you hereby grant to JManga a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and JManga's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to JManga. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 4 below.
You acknowledge and agree that JManga may, at its option, reclassify or recatergorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Sites, the maximum size of any files that may be stored on or uploaded to the Sites, APPs or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on JManga's servers. JManga will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
(c) JManga Content.
(i) JManga and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Sites, APPs, Services, JManga Content and any other content made available through the Sites, APPs or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, APPs, Services, JManga Content, any other content made available through the Sites, APPs or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Sites, APPs, Services, JManga Content or any other content made available through the Sites, APPs or Services (other than your User Submissions).
(d) Reminder Regarding Premium Content. For the avoidance of doubt with respect to any Premium Content that you purchase or access via the Sites, APPs or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Premium Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any image, text, audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(e) Disclaimer. JManga does not guarantee that any content (including without limitation JManga Content, User Submissions or Translated Content) will be made available through the Sites, APPs or Services, continuously or at all. WHILE JMANGA IS UNDER NO OBLIGATION TO DO SO, JMANGA RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITES, APPS OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON JMANGA DEEMS SUFFICIENT. JManga does not have any obligation to monitor the User Submissions or Translated Content that is uploaded, posted, submitted or otherwise transmitted using the Sites, APPs or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or Translated Content or anything said, depicted or written by JManga Members, including, without limitation, any information obtained by using the Sites, APPs or Services. JManga does not endorse any User Submissions or Translated Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JManga with respect thereto.
You will not use the Sites, APPs or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. JManga has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the JManga Copyright Policy for further information.
The JManga Viewer (including JManga apps) contains advertisements automatically provided by AdNetwork. JManga is not responsible for the content of these advertisements nor the content of any websites reached once you have left JManga.
You may terminate your JManga account at any time and for any reason by selecting this option on your account information page. Upon any termination by a JManga Member, the related account will no longer be accessible.
The Sites, APPs and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Sites, APPs and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites, APPs or Services:
Upload, post, submit or otherwise transmit: (i) any User Submissions or Translated Content to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions or Translated Content for which you do not have the consent or permission of each identifiable person in the User Submissions or Translated Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission or Translated Content) and such consent or permission is necessary; or (iii) any User Submissions or Translated Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of JManga;
Circumvent, disable or otherwise interfere with security related features of the Sites, APPs or features that prevent or restrict use or copying of any content;
Use any meta tags or other hidden text or metadata utilizing a JManga trademark or logo, URL or product name;
Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Sites, APPs or Services to send altered, deceptive or false source-identifying information;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Sites;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions or Translated Content that is unrelated to the immediate, aesthetic nature of the User Submissions or Translated Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Sites, servers or networks connected to the Sites, APPs, Services or the technical delivery systems of JManga's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, APPs or Services;
Attempt to probe, scan or test the vulnerability of any JManga system or network or breach or impair or circumvent any security or authentication measures protecting the Sites, APPs or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites, APPs or Services;
Attempt to access, search or meta-search the Sites with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by JManga or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or Opera), including without limitation any software that sends queries to the Sites to determine how a website or web page ranks;
Collect or store personal data about other JManga Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if JManga has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, JManga will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from JManga to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), JManga will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what JManga has offered you to settle the dispute.
(1) JManga and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); and claims that may arise after the termination of this Agreement. References to "JManga," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of JManga's services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and JManga are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to JManga should be addressed to: JMANGA Inc. 4551 Glencoe Avenue, Suite 110, Marina del Rey, CA90292, U.S.A. ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If JManga and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or JManga may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by JManga or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or JManga is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
(3) After JManga receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, JManga will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless JManga and you agree otherwise, any arbitration hearings will take place in the county (or parish) where you reside. If your claim is for $25,000 or less, the parties agree that the hearing shall be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, JManga will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse JManga for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of JManga's last written settlement offer made before an arbitrator was selected, then JManga will: pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If JManga did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws JManga may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, JManga agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND JMANGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JManga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if JManga makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
(b) JManga Member Promotions. You must be at least 18 years of age to run a Promotion via the Sites, APPs or Services. In the event you choose to run a Promotion, you acknowledge and agree to the following:
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at info at jmanga dot com or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of JManga and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to JManga together with all intellectual property rights therein.
THE SITE, SERVICES, JMANGA CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. JMANGA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, JMANGA CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, JMANGA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, JMANGA CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
JManga will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to JManga infrastructure or connectivity to the internet or failure at an JManga co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, JManga will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that JManga may reasonably require to recover from the effects of such Force Majeure Event.
The Site or Services may provide links to websites other than jmanga.com. Such links are provided for reference only, and JManga neither controls such websites nor endorses any of the material on any such websites or any association with their operators. JManga is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.