KODANSHA USA PUBLISHING, LLC
Terms of Use
Last Updated: February 1, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE VIEWING OR USING OUR MOBILE APPLICATIONS OR WEBSITES. These Terms of use apply to use of any mobile applications that Kodansha USA Publishing, LLC may offer as well as any websites operated by or on behalf of us.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT DOWNLOAD OR USE ANY OF OUR MOBILE APPLICATIONS OR VIEW OR ACCESS OUR WEBSITES. BY DOWNLOADING, VIEWING, ACCESSING OR OTHERWISE USING ANY OF OUR MOBILE APPLICATIONS OR WEBSITES, YOU AGREE TO THESE TERMS OF USE.
In these Terms of Use, we refer to our mobile applications as “Apps” and our websites, including kodansha.us, as “Websites”. Our “Services” means our Apps and our Websites.
Summary
This summary is provided only for convenience. Please review the Terms of Use below in their entirety for important information and legal conditions that apply to your use of our Mobile Application or Websites.
- These Terms of use are a legal agreement between you and Kodansha USA Publishing that govern whether and how you may use the Services. We may change these Terms of Use at any time. Use of the Services is also subject to our Privacy Policy.
- 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.
Your Agreement to these Terms of Use and Future Changes
The Apps and any content available to you through the Apps or the Websites are licensed, not sold, to you. Kodansha USA Publishing (“KUP”) reserves all rights in and to the Services not expressly granted to you under these Terms of Use. We may modify these Terms of Use, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms of Use, and you agree to and accept this condition. Material changes to these Terms of Use will be announced by posting them in the Apple App Store, Google Play and other mobile application stores where Apps are available and by a notation the bottom of our Websites beside the link to these Terms of Use. You are responsible for checking these Terms of Use each time before using the Services. Continued use of the Services following the posting of changes will mean that you accept and agree to the updated Terms of Use.
Scope of License
These Terms of Use provide you the limited, nontransferable license to view the content available on the Websites and to use Apps on mobile devices that you own or control and as permitted by the usage rules for the Apple App Store, Google Play or other mobile application store, as applicable, or other terms and conditions applying to your device. These Terms of Use do not allow you to use the Apps on any device that you do not own or control, and except as provided in the rules relating to your mobile device, you may not distribute or make any App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Services and, if you sell your device to a third party, you must remove any App before doing so. You may not copy (except as expressly permitted by these Terms of Use and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any App or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Services). Any attempt to do so is a violation of the rights of KUP and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these Terms of Use are concluded solely between you and KUP, and not with the mobile application store from which you downloaded the Services (for example, Apple Inc. or Google Inc.), and that KUP is solely responsible for the Services and the content thereof, except as otherwise provided in these Terms of Use. If you have an Apple device and these Terms of Use are less restrictive than, or in conflict with, the terms of use for such device, the terms of use for such device will govern.
Use of the term “purchase” in these Terms of Use does not imply that you obtain any ownership rights to the Services or any virtual currency or virtual goods.
Copyrights
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.
Trademarks
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.
Charges
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.
Any amounts paid for the Services are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms of Use.
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.
KUP is committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Services, you agree to be bound by the Privacy Policy.
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.
Registration; Password
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.
Minor Users
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.
Prohibited Conduct
You agree not to engage in any of the following conduct through the Services: (a) interfere with or disrupt the Services or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Services; (b) interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (c) use the Services to violate the law; (d) use the Services to harm minors in any way; (e) use the Services to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead KUP or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a KUP account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; or (j) submit false refund requests to KUP or any mobile application store, such as the Apple App Store or Google Play. KUP reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these Terms of Use or the Services and to take action as a result, which may include termination of your account and exclusion from further participation in the Services.
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.
The license is effective until terminated by you or KUP. Your rights under these Terms of Use will terminate automatically without notice from KUP if you violate any terms listed in these Terms of Use regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Services and delete all copies of the Services.
You may, as the result of termination, lose your KUP account and all content, information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Use for any reason, whether by you or KUP. KUP reserves the right to refuse to keep accounts for or provide access to the Services to anyone.
No Warranty
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.
Indemnification
You are responsible for damages incurred by KUP and our affiliates as a result of your use of the Services and agree to defend, indemnify and hold harmless KUP and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Services and any breach of these Terms of Use, the Privacy Policy or any other policies posted on the Services from time to time.
Third-Party Beneficiary
You acknowledge and agree that the mobile application store from which you obtained any App, including Apple and its subsidiaries, is a third-party beneficiary of these Terms of Use, and that, upon the your acceptance of the terms and conditions of these Terms of Use, such store, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
You acknowledge that, in the event of any user or third-party claim relating to any App or your possession and use of such App, the mobile application store from which you obtained the App (including Apple and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes, but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party’s intellectual property rights. However, nothing in these Terms of Use limits our liability to you beyond what is permitted by applicable law.
No Support
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.
Export
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.
Communications
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
Email: legal@kodanshausa.com
Disputes
As used in these Terms of Use, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and KUP concerning the Services and your or KUP‘s obligations and performance under these Terms of Use, KUP‘s Privacy Policy or with respect to the Services, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute“ will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or KUP’s (or any of KUP’s licensors’) intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use. You acknowledge that Apple is not responsible for addressing any Disputes.
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.
This section survives termination of these Terms of Use.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of the County of San Francisco, California, USA for all disputes in connection with these Terms of Use or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms of Use or to any dispute or transaction arising out of these Terms of Use.
Severability
If any of the terms or conditions of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.
Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by us of any provision of these Terms of Use.
Complete Agreement
These Terms of Use, the KUP Privacy Policy, and any other policies posted in the Services from time to time, constitute the complete agreement between you and KUP with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and KUP.