1. Eligibility and Registration.
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Mangamo reserves the right to require you to change your username for any reason and may do so at anytime.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Mangamo account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Mangamo account, whether or not you have authorized such activities or actions. You agree to immediately notify Mangamo of any unauthorized use of your username, password or Mangamo account.
2. Access to Certain Content: Fees and Billing.
Mangamo Members may be able to access and/or purchase Mangamo Content (as defined below) through the Site or Services by paying a monthly membership fee to view certain Mangamo Content for the applicable time period ("Membership Fee"). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION OR CANCMANGAMO. Fees are refundable in Mangamo's sole discretion. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any). You hereby authorize Mangamo to collect fees by charging the credit card you provide to us as part of your Mangamo account information, either directly or indirectly via a third party online payment service, such as PayPal ("Payment Method").
By starting your Mangamo membership and providing or designating a Payment Method, you authorize us to charge you a monthly Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a channel or bundle, and you authorize us to charge your Payment Method for such varying amounts, which will be billed monthly in one or more charges.
You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancmangamo" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your Mangamo membership at any time, and you will continue to have access to the Site and/or Services through the end of your monthly billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
3. Proprietary Rights and Licenses.
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:
"Mangamo Content" means, collectively, the text, data, graphics, images, Mangamo trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.
"Licensed Content" means any content (including any audio or video content) provided to Mangamo by its third party content partners (which may include Mangamo Content or "download to own" content) made available through the Site and Services.
(b) Mangamo Content. Mangamo and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Mangamo Content and any other content made available through the Site 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 Site, Services, Mangamo Content, any other content made available through the Site 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 Site, Services, Mangamo Content or any other content made available through the Site or Services (other than your User Submissions). All rights in Mangamo Content are reserved. For the avoidance of doubt with respect to any Mangamo Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Mangamo 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 audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(c) Disclaimer. Mangamo does not guarantee that any content (including without limitation Mangamo Content or User Submissions) will be made available through the Site or Services, continuously or at all. WHILE MANGAMO IS UNDER NO OBLIGATION TO DO SO, MANGAMO RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON MANGAMO DEEMS SUFFICIENT. Mangamo does not have any obligation to monitor the User Submissions that is uploaded, posted, submitted or otherwise transmitted using the Site 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 anything said, depicted or written by Mangamo Members, including, without limitation, any information obtained by using the Site or Services. Mangamo does not endorse any User Submissions 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 Mangamo with respect thereto.
4. Copyrighted Materials: No Infringing Use.
You will not use the Site 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. Mangamo 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 Mangamo Copyright and IP Policy for further information.
6. Interactions between Mangamo Users.
7. Obligations for Mangamo Users.
The Site 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 Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; Use any meta tags or other hidden text or metadata utilizing a Mangamo trademark or logo, URL or product name; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of Mangamo’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; Attempt to probe, scan or test the vulnerability of any Mangamo system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Mangamo or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks; Collect or store personal data about other Mangamo Users without their express permission;
8. Sweepstakes and Contests.
9. Ratings and Comments & Feedback.
(b) 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 firstname.lastname@example.org 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 Mangamo and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to Mangamo together with all intellectual property rights therein.
THE SITE, SERVICES, MANGAMO CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. MANGAMO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, MANGAMO 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, MANGAMO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, MANGAMO 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.
12. Limitation of Liability.
13. Governing Law and Forum.
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Mangamo. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration 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 fees will be governed by the AAA Rules. In such case, you agree to reimburse Mangamo for all monies previously disbursed by it that are otherwise your obligation to pay under 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 decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Mangamo. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mangamo.
You and Mangamo waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Mangamo elect to have claims and disputes resolved by arbitration. In any litigation between you and Mangamo over whether to vacate or enforce an arbitration award, you and Mangamo waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND MANGAMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 13 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Mangamo can force the other to arbitrate. To opt-out, you must notify Mangamo in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Mangamo account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following email address: email@example.com.
(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Mangamo.
15. Force Majeure.
Mangamo 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 Mangamo infrastructure or connectivity to the internet or failure at an Mangamo co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Mangamo 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 Mangamo may reasonably require to recover from the effects of such Force Majeure Event.
16. Relationship of the Parties.
17. Notice; Consent to Electronic Notice.
18. Links to other Websites.
The Site or Services may provide links to websites other than Mangamo.com. Such links are provided for reference only, and Mangamo neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Mangamo 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.
20. No Unsolicited Submissions.
As a general practice, Mangamo, Inc. does not accept unsolicited material that is not represented by a reputable agent, agency, manager, producer, production company or studio. Any unsolicited creative ideas, suggestions or materials of any kind, including for new or improved products, names, promotions, advertisements, marketing, processes pitches, outlines, scripts, treatments, artwork, designs, visual materials, etc. will be discarded and will not be read. The purpose of this policy is to avoid any potential misunderstandings if your original work seems similar to Mangamo content since many works and submissions are based on the same or similar ideas. Please note, if you choose to disregard this policy and submit materials regardless, you acknowledge that you have read the Mangamo submission policy and understand that by making such a submission, you understand that Mangamo has no obligation to you or your submission and that you have no claim whatsoever based on such submission.
Last Modified: 8/16/2019
Copyright Infringement Notification.
Mangamo.com respects all copyright and license owners and adheres to the Digital Millennium Copyright Act.
If you are a content owner and would like us to help distribute your content, contact us.
If you would like your content removed from this website, follow the instructions below.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.