KODANSHA USA PUBLISHING, LLC
Last Updated: February 1, 2021
- If you are under age 13, you may use the Services only under the supervision of your parent or legal guardian, except where prohibited by law. If you are age 13 or over but under age 18, you may use the Services only with the consent of your parent or legal guardian.
- The Apps and the Websites are owned by Kodansha USA Publishing and our licensors. You may only use the Services for personal use. You may not sell or transfer the Services, or any content or digital items within the Services, to anyone else.
- You may not copy or modify any content from the Services, or any trademarks appearing in the Services.
- You will be responsible for all charges relating to the Services. These charges may include costs to view content.
- You are responsible for maintaining the security of your account information with Apple App Store, Google Play or other mobile application store in order to avoid unauthorized charges, including by children using your device.
- Amounts paid are non-refundable except as required under local law of your jurisdiction. In certain cases the mobile application store from which you obtained our App, such as the Apple App Store or Google Play, may provide refunds.
- You may not post any inappropriate content in or through the Services, or any content that you do not have legal rights to. You agree that we may use any content you post for any purpose, including for advertising.
- We may discontinue or change the Services, including any features of the Services, at any time without notice or liability to you.
- Our liability to you relating to the Services is limited. You agree that any disputes will be subject to binding arbitration, to be held in San Francisco, California, USA.
Scope of License
All copyrighted and copyrightable materials Services, including, without limitation, the design, text, graphics, pictures, sound files and other files (the “Materials”) are copyrighted and all rights are reserved. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of KUP.
Kodansha, Kodansha USA Publishing, KUP, kodansha.us, the Kodansha Comics and KUP logos and other Kodansha and KUP logos and product and service names are among the trademarks, service marks or registered trademarks owned or exclusively licensed by Kodansha Ltd., KUP or their affiliates. These marks may not be copied, imitated, displayed or used without the prior written permission of KUP. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress owned or controlled by KUP and may not be copied, imitated or used, without the prior written permission of KUP. All third-party trademarks and service marks appearing on the KUP Sites are the property of their respective owners and all rights therein are reserved.
If there is a charge associated with the Services, you agree to pay that charge. If the Services are free, there may still be charges for additional content within the Services, and you agree to pay those charges to access such additional content. You may be able to prevent purchase of such additional content by adjusting your device’s settings.
The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download the Services (or after you make a purchase through the Services). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.
Prices for the Services exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Services even if the Services itself are free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Services.
If you are a resident of the European Union, you consent that we may make available to you the Services and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of the Services or such virtual items.
Consent to Use of Data
We may ask you to submit certain personal information in order to register a KUP account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, KUP has the right to suspend or terminate your account and refuse any and all current or future use of the Services by you.
You agree that we may collect and use technical data, content viewing data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other content to you (if any) related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide new services or applications to you.
When you register for a KUP account, you will provide your name and a password. It is your responsibility to keep your password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your login information regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Services, you should update your profile to reflect the changes.
If you are under age 13, you may use the Services only under the supervision of your parent or legal guardian, except where prohibited by law. If you are age 13 or over but under age 18, you may use the Services only with the consent of your parent or legal guardian.
KUP relies upon parents and guardians to determine if the Services are appropriate for the viewing or access by persons under the age of 18.
You agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
Changes, Suspension or Termination of the Services
We reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability. You agree that we may alter the Services, which includes changing the various terms and changing or eliminating parts of the Services, without contacting you in advance.
You agree that we may temporarily suspend the Services without prior notice. During any such period you may be unable to access any content or information you have stored on the Services. This may occur, for example, when we are conducting regular or emergency maintenance on the Services.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. KUP DOES NOT WARRANT THAT THE SERVICES, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KUP OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KUP BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF KUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Services to conform to any applicable warranty on a device provided by Apple, you may notify Apple for a refund of the purchase price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
You agree that we have no obligation to provide support relating to the Services. You further agree that the mobile application store from which you obtained any App (including Apple and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to such App. We may provide limited support to users who contact us through a specified e-mail address or web interface; however, we may discontinue such support at any time.
You agree that Apps may automatically download and install updates, upgrades and additional features that KUP deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
US Government Users
The Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You agree that KUP may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Services, or for other purposes we deem appropriate.
Any questions relating to the Services should be sent as follows:
Kodansha USA Publishing, LLC
717 Market Street, Suite 100
San Francisco, California 94103
Mediation and Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Informal Negotiation. You and KUP agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and KUP otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or KUP provides written notice of the Dispute. You and KUP agree that neither will commence arbitration before the end of the time for informal negotiation.
Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, 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, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. Nothing herein will prevent KUP or you from pursuing a claim in small claims court with applicable jurisdiction.
Limitation. You and KUP agree that any arbitration shall be limited to the Dispute between KUP and you individually. YOU AND KUP 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 KUP 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 provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.
Delay in Enforcement