Terms of Service
Please read these terms of use carefully before using the MangaMango app (hereinafter, “us”, “we”, or “MangaMango”). By accessing and/or using MangaMango you are agreeing to comply with these terms of use. If you do not agree to be bound by these terms of use, do not access or use MangaMango.
Your Acceptance
1.By using the MangaMango app or website(collectively the "Services"), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) our Privacy Policy
2.Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version . We may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 7 days after they have been posted. Nothing in these Terms of Service shall be deemed to confer any third party rights.
3.If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MangaMango and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Ability to Accept Terms of Service
1.You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2.In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If you are under 13 years of age, then please do not use the Service.
Service
1.These Terms of Service apply to all users of MangaMango's Services, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of any MangaMango product, including but not limited to software and services offered via the MangaMango app, MangaMango' website, Share, Subscribe, RSS and Embed features, Dashboard and other applications.
2.The Service may contain links to third party websites that are not owned or controlled by MangaMango. MangaMango has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MangaMango' will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MangaMango from any and all liability arising from your use of any third-party website.
3.Accordingly, we encourage you to be aware when you leave a MangaMango Service and to read the terms and conditions and other policies of each other website that you visit.
User Accounts
1.In order to access some features of MangaMango Services, you will have to create a MangaMango user account. You may never use another's user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MangaMango immediately of any breach of security or unauthorized use of your account.
2.Although MangaMango will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MangaMango or others due to such unauthorized use.
General Use of the Service
MangaMango hereby grants you permission to access and use their Services as set forth in these Terms of Service, provided that:
1.You do not alter or modify any part of the Service.
2.If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the MangaMango website.
3.You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that MangaMango offers to users.
4.Notwithstanding the foregoing, MangaMango grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. MangaMango reserves the right to revoke these exceptions either generally or in specific cases.
5.You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
6.In your use of the Service, you will comply with all applicable laws.
7.MangaMango reserves the right to discontinue any aspect of the Service at any time.
Your Content and Conduct
1.As a MangaMango product account holder you may submit Content to certain MangaMango Services, including comics, images, animated gifs, links and user comments. You understand that MangaMango does not guarantee any confidentiality with respect to any Content you submit.
2.You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on a MangaMango Service.
3.You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
4.You further agree that Content you submit to a MangaMango Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant MangaMango all of the license rights granted herein.
5.MangaMango does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MangaMango expressly disclaims any and all liability in connection with Content. MangaMango does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MangaMango will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MangaMango reserves the right to remove Content without prior notice.
Licensing
MangaMango does not claim ownership rights of your Content. Your Content belongs to you and MangaMango does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings MangaMango may provide.
1.For the purpose of enabling MangaMango to make your Content available on our platforms, you hereby grant MangaMango an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
2.If you agreed to participate in one or more of MangaMango's Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. MangaMango does not claim ownership right in your Content when you participate in our MangaMango Programs.
3.MangaMango will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on MangaMango platforms from direct advertisers or third parties may be served with Content. In a case where MangaMango offers an opportunity for Content owners to potentially benefit from compensation outside of MangaMango platforms, such as licensing for merchandising, publication through non-MangaMango channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
4.In order to promote, publicize, market and further the success of your Content and MangaMango as a whole, you hereby grant MangaMango an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a MangaMango platform, or give to MangaMango, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
MangaMango Programs
Ad Revenue Program
1.We use direct advertisers or third-party advertising companies to serve ads when users visit our website. These companies may use information (except for your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Virtual Currency and Purchases
1.While viewing content on one or more of MangaMango's platforms, you may have the opportunity to visit an in-app or online store. From there you may have the opportunity to use an online "currency" to license a variety of virtual goods such as episodes of a story. You may also be awarded virtual"Coins," or other currency to use for virtual "shopping." These currencies have no "real world" value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency will be included in your account until the earlier of that item's expiration date, your account's expiration or termination date, or such date when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. MangaMango no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any MangaMango platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including "real" money) or otherwise. You acknowledge that any virtual currency you receive on any of MangaMango's platforms is not "real" currency or any type of real world financial instrument. Furthermore it is not redeemable for any sum of money from MangaMango at any time.
Termination
1.You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to MangaMango via email at [email protected].
2.Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to MangaMango, the program or any other users (in each case as determined by MangaMango's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
3.MangaMango will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
4.MangaMango reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. MangaMango may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Copyright Policy
1.MangaMango respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, MangaMango may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, MangaMango may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
2.If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by email with the subject line "Copyright" to [email protected] in writing with a written notification of claimed infringement that includes substantially the following:
a.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d.Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyrightinfringement and take appropriate actions under the DMCA. Inquiries that do notfollow this procedure may not receive a response.
Warranties and Disclaimers
1.Other than as expressly set out in these terms or in additional terms, MangaMango will not make any specific promises about the Service. For example, MangaMango will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. MangaMango provides the Service AS IS.
2.Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Indemnification
You agree to indemnify and hold harmless MangaMango and its officers, directors, employees, parents, partners,successors, agents, distribution partners, affiliates, subsidiaries, and theirrelated companies from and against any and all claims, liabilities, losses,damages, obligations, costs and expenses (including reasonable attorneys’ feesand costs) arising out of, related to, or that may arise in connection with:(i) your access to or use of any of our APP or Websites; (ii) User Content provided byyou or through use of your Membership; (iii) any actual or alleged violation orbreach by you of these Terms of Use; (iv) any actual or alleged breach of anyrepresentation, warranty, or covenant that you have made to us; or (v) youracts or omissions. You agree to cooperate fully with us in the defense of anyclaim that is the subject of your obligations hereunder.
Disclaimers
YOU EXPRESSLY AGREE THAT USE OF OUR APP OR WEBSITES IS AT YOUR SOLE RISK. OUR APP OR WEBSITES AND CONTENT ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THEFULLEST EXTENT PERMITTED BY LAW, MANGAMANGO AND ITS OFFICERS, DIRECTORS,EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALLWARRANTIES INCLUDING ANY:
1.WARRANTIES THAT THE APP OR WEBSITES WILL MEET YOURREQUIREMENTS;
2.WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY,USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE MANGAMANGO;
3.WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR APARTICULAR PURPOSE;
4.WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ORADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH ANY OF OUR WEBSITES;
5.WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE APP OR WEBSITES;
6.WARRANTIES THAT YOUR USE OF THEWEBSITES WILL BE SECURE OR UNINTERRUPTED; AND
7.WARRANTIES THAT ERRORS IN THESOFTWARE WILL BE CORRECTED.
Limitation of Liability
1.UNDER NO CIRCUMSTANCES SHALL MANGAMANGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MANGAMANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR APP OR WEBSITES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITES.
2.When permitted by law, MangaMango will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
3.To the extent permitted by law, the total liability of MangaMango, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
4.In all cases, MangaMango will not be liable for any loss or damage that is not reasonably foreseeable.
5.In case of any conflict or inconsistency, further agreements between you and MangaMango supersede these Terms of Service.
For questions about these Terms of Service, send an e-mail to [email protected].
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