TERMS OF USE

Mangamo Inc. ("Mangamo", "we" or "us") provides our website accessible at Mangamo.com (the "Site") through which users can review information about our manga subscription service(the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site that are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and Mangamo and apply to you whether you are a Mangamo Member (defined below) or a visitor just browsing the Site (collectively, "Mangamo Users"). These Terms of Use limit Mangamo’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

YOU UNDERSTAND THAT BY USING THE SITE, SERVICES OR YOUR Mangamo ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

1. Eligibility and Registration.

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you will have to create a Mangamo account and become a "Mangamo Member". To become a Mangamo Member you must be at least 13 years of age. When you register with Mangamo and set up your Mangamo account, you must provide Mangamo with accurate and complete information. You agree to promptly update your Mangamo account information with any new information. You authorize Mangamo, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Mangamo account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Mangamo Users.

 

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.

 

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect in accordance with the time frame outlined in the email notice to you.

 

The Membership Fee for the Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Mangamo membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. As used in these Terms of Use, "bill" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

 

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.

 

5. Termination or Suspension of the Site or Services & Modification of these Terms of Use.

Mangamo reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after Mangamo has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

 

Without limiting other remedies, Mangamo may at any time suspend or terminate your Mangamo account and refuse to provide access to the Site or Services. In addition, Mangamo may notify authorities or take any actions it deems appropriate, without notice to you, if Mangamo suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Mangamo; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Mangamo Users, Mangamo or any other third parties or the Site or Services.

 

You may terminate your Mangamo account at any time and for any reason. Upon any termination by a Mangamo Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Mangamo will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Mangamo will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancmangamo will not affect your obligations to Mangamo under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancmangamo.

 

6. Interactions between Mangamo Users.

You are solely responsible for your interactions (including any disputes) with other Mangamo Users. You understand that Mangamo does not in any way screen Mangamo Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Mangamo Users. You agree to take reasonable precautions in all interactions with other Mangamo Users, particularly if you decide to meet a Mangamo Users offline, or in person. Your use of the Site, Services, Mangamo Content and any other content made available through the Site or Services is at your sole risk and discretion and Mangamo hereby disclaims any and all liability to you or any third party relating thereto. Mangamo reserves the right to contact Mangamo Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Mangamo to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Mangamo representatives access to any password-protected portions of your Mangamo account.

 

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;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; Use the Site or Services in any manner not permitted by these Terms of Use; or Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

8. Sweepstakes and Contests.

Mangamo may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site, as they may contain additional important information about Mangamo's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

 

9. Ratings and Comments & Feedback.

(a) Comments. You can rate and make comments about content made available through the Site or Services ("Comments"). Mangamo advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Site or Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Mangamo may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, Mangamo does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Use.

 

(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 contact@mangamo.com 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.

 

10. Indemnification.

You agree to defend, indemnify and hold Mangamo and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Mangamo Content or User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services caused damage to a third party, including without limitation claims that your submissions are infringing. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify Mangamo applies to your activities on the Site at any time.

 

11. Disclaimer.

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.

UNDER NO CIRCUMSTANCES WILL MANGAMO OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, MANGAMO CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY MANGAMO USER, ONLINE OR OFFLINE, WHETHER OR NOT MANGAMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MANGAMO'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. MANGAMO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

13. Governing Law and Forum.

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

 

14. Arbitration.

Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Site and/or Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and Mangamo are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.

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: contact@mangamo.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.

Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

17. Notice; Consent to Electronic Notice.

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Mangamo via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to contact@mangamo.com or to such other addresses as Mangamo may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

 

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.

 

19. Miscellaneous.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of Mangamo and any prohibited assignment will be null and void. Mangamo may assign these Terms of Use or any rights hereunder without your consent. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and Mangamo's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Mangamo. These Terms of Use together with the rules and policies of Mangamo incorporated herein by reference constitute the entire agreement between Mangamo and you with respect to the subject matter of these Terms of Use.

 

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.

 

21. Questions.

If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact Mangamo at contact@mangamo.com.

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.
     

If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact Mangamo at contact@mangamo.com.
 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. 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.

  3. 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.

  4. 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.

  5. 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. 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:

 

DMCA Complaints

Mangamo.com

Email: contact@mangamo.com

 

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.

 

Counter-Notification

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):
 

  1. A physical or electronic signature of the subscriber.

  2. 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.

  3. 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.

  4. 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:

 

DMCA Complaints

Mangamo.com

Email: contact@mangamo.com

 

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.

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