TERMS OF SERVICE
Last Update: 23 January 2021
- NEUTRAL VENUE
- Venue. Our Platform contains comics for language learners. Our users can provide translations and voice recordings for the comics. They are also able to share comics that they have made. Our Platform is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ CONTENT, ACCURACY OF TRANSLATIONS AND OTHER DATA, TRANSACTIONS AND INTERACTIONS. We are not liable for the consequences of you disclosing your personal information to others. Some of the comics use adult language and topics that some users may find objectionable. Pay careful attention to the disclaimers that identify such content before you access it.
- Interactive Features. This Platform includes interactive features that allow users to learn languages, communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
- DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
- Third Parties. The Platform contains third party materials and references to third party websites. We rely on third party services for support. We shall not be liable for any third party content and cannot guarantee anybody’s performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
- No Professional Advice. Nothing on our Platform constitutes any type of professional advice on our part. Your use of the Platform does not any sort of professional relationship between you and us. If you engage with anybody listed on our Platform, we are not a party to your interactions and transactions.
- AFFILIATE DISCLOSURE
This Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
- INTELLECTUAL PROPERTY
- Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
- Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content (e.g., comics, translations, voice recordings, etc.) to our Platform, you state that: (i) you have all necessary rights to that content; (ii) we can display, transmit, modify and distribute this content without compensation to you; (iii) we can use and implement any feedback, comments and ideas that you voluntarily provide, without compensation to you; (iv) you agree that your user content will be treated as non-confidential, non-proprietary and will not be returned; (v) upon our request, you will furnish us any documentation, licenses, substantiation or releases necessary to verify your compliance with these Terms; (v) we are not responsible for the substance of any user content and such content does not necessarily reflect our views or imply our endorsement; (vii) we are under no obligation to monitor user content but may do so in our sole discretion, and may remove or refuse to post any user content for any reason in our sole discretion; (viii) the Internet may be subject to breaches of security and you should consider this before submitting any information to us; (ix) we are free to use any ideas or concepts contained in any user content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you; (x) to the fullest extent permitted, you waive any moral rights you may have in any user content you submit, even if such content is altered or changed in a manner not agreeable to you; (xi) we may be working on or developing material similar or the same in nature to your user content and that we may have received similar or the same intellectual property rights from another party; (xii) we owe you no obligation connected to your submissions unless you and us enter into a separate written agreement to that effect.
- Copyright Infringement. We take copyright infringement seriously. We will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to us at email@example.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or link you claim is infringing.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of your report:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
- “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
- You have a full capacity to enter into a legally binding agreement, such as these Terms.
- If you make a submission, it shall not be plagiarized. It shall be accurate, truthful and not misleading. You will not submit third party materials without express prior written permission. You will not share third party personal information. We can terminate any account for submitting untruthful reviews, ratings, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
- You will not resell or make any commercial use of this Platform.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- You will not use our Platform in connection with any illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without their consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
- You will ask for our permission before copying anything from our Platform for republication.
- You will not use our Platform for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
- You will not impede the proper functioning of the Platform.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
- BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
- WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your content, your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The laws of Hong Kong shall govern these Terms. The seat of arbitration shall be Hong Kong.
- APP STORES
- Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
- Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
- Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.