Terms of Service
Introduction and Acceptance of Terms of Service
For the purposes of this COMIKEY Terms of Service:
- "Key(s)" (including but not limited to terms such as “Beta Keys”, “Xtra Keys”) refers to the virtual currency that may be purchased and/or earned by you to access certain content offered by the Service.
- "Digital Content" means comics, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service.
- "COMIKEY Website" means www.comikey.com
- "COMIKEY App" means, collectively, the Company’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.
- "User Postings" means certain features of our Service which enables you or other end users to post on our Service, or submit to the Company, content, including text, data, photographs, graphics, images, information, and any combination of these elements.
Digital Content and Limited License Term
- Digital Content. You understand and agree that the COMIKEY Website and COMIKEY App are owned by the Company. The Digital Content provided on the Service is owned by the Company or licensed by the copyright owner to the Company. The COMIKEY Website, COMIKEY App, and Digital Content are protected by the copyright laws of relevant countries, as well as other intellectual property laws and treaties. The Company does not transfer any title, right or interest to or in the COMIKEY Website, COMIKEY App and/or Digital Content to you.
- Use of Digital Content. Upon your use of Digital Content, the Company grants you a limited, non-exclusive and non-transferable, non-sublicensable, revocable license to access, view, and use such Digital Content, and solely for your personal, non-commercial use consistent with the terms of this Agreement. The license does not confer on you any ownership interest in such Digital Content. Within the COMIKEY Website and COMIKEY App, you may access, view or use Digital Content. Digital Content is licensed to you by the Company; not sold, transferred, or assigned to you.
- Limitations. Unless otherwise stated in writing by the Company, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
COMIKEY Website and COMIKEY App
- Use of COMIKEY Website and COMIKEY App. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
- Updates. In order to keep the COMIKEY Website and/or COMIKEY App up-to-date, the Company may make available updates/upgrades to the COMIKEY Website and/or COMIKEY App. If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the COMIKEY Website and/or COMIKEY App.
- Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the COMIKEY Website and/or COMIKEY App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the COMIKEY Website and/or COMIKEY App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the COMIKEY Website and/or COMIKEY App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
Users' Age Limit. You must be at least thirteen (13) years old (or equivalent minimum age depending on your jurisdiction) ("Minimum Age"), or otherwise have parent or guardian consent consistent with the laws of your jurisdiction. The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed without valid parent or guardian consent. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Service.
- If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement.
The Company neither intentionally, nor unintentionally collects information from users under the age of 13 or Minors in cases where Representatives have not consented to the use of the Service by a Minor. However, if a Representative identifies that a Minor has provided us with personal information without the correspondent Representative’s permission, the Representative should contact the Company at [email protected] Upon Representative’s request, Company will delete any personal information of such Minor without any further recourse from the Representative. The Representative will fully indemnify and release the Company from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such Minor to the Company.
- Compliance with Law and Reservation of Rights. You must use the COMIKEY Website, COMIKEY App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to the Company.
We do not knowingly collect personal information from users under the age of 13 without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 13 may have provided personal information without their consent should contact us at [email protected] In such a case, we will take necessary actions to delete the personal information of users under the age of 13.
Intellectual Property and Other Rights
The Service is owned and operated by the Company, and Digital Content is licensed by the copyright owner to the Company. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the United State of America relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Digital Content and the Service, including intellectual property rights herein, and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement.
Purchasing & Redeeming Keys
Some aspects of our Service may include content that require the redemption of Keys. You may access such content by purchasing and/or earning Keys. You do not own the Keys regardless of whether you have "purchased" and/or "earned" them. Furthermore, Keys do not hold any "real world" value. You are granted a limited, non-transferable, revocable, non-exclusive license for personal use of the Keys to access certain content related to the Services.
- Keys will be provided to you by the means specified by the Company such as purchases, special offers, and the like. Details regarding the payment methods, units, and all other conditions regarding Keys will be decided by the Company and displayed accordingly on the Service.
- Keys cannot be exchanged or be used for any other purpose other than to access certain content offered by the Service. The Company reserves the right to change the purchase price for the Keys at any time, and the number of Keys required for accessing the content will be determined by the Company from time to time and displayed accordingly on the Service.
- Keys may only be used by the account that purchased and/or earned them.
- You agree that all Keys sales by the Company to you are final and will not be refunded for any reason unless required by applicable laws. If required by applicable law, the Company shall process refunds in accordance with the relevant laws.
- The Company may from time to time offer promotional Keys (“Xtra Keys”) that you do not pay for, including any Keys we offer you in connection with your download and/or purchase of the COMIKEY App or other products, your use of the Service, or any other promotional activity ("Xtra Keys"). Xtra Keys expire after 5 days of receiving them.
- You are not allowed to transfer Keys outside of the Services (e.g. selling, gifting, or trading them), nor sublicense, trade, sell, or attempt to sell Keys for real money, or exchange Keys for value of any kind outside of the Services. Any such transfer is prohibited and void.
- Upon one (1) month prior notice to you, we may, for business or technical purposes, discontinue the usage of Keys from our Service. In such an event, all unused Keys will expire immediately on the specified discontinuance date.
Suspension of Access
We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or Digital Content, and the Company reserves the right to immediately revoke your access to the Service and/or Digital Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
- We do not share personal information with external parties without prior consent from users unless it is required by law.
- We are not liable in any way for the disclosure of personal information caused by you.
- You are responsible for maintaining the confidentiality of the password, username, profile and email. You must not allow a third party to access your account.
- You may not transfer or assign any access to the Service, and other rights or licenses granted to you hereunder without our consent.
- We may restrict or change your username in case there is a chance of leakage of personal information, or if you are considered antisocial or against the customs, or mistaken as an administrator.
- We may send you notifications or news to your email address that you provided to us when you created the account. We may also notify by posting on the website.
- We may, for business or technical purposes, modify, amend, or change the Service in whole or in part.
- In case paid or free contents are not provided to you due to transition, failure, or merger of our business, we will notify you, take reasonable steps to stop any monetary damage incurred to you, and maintain the Service.
- When the contract between the content provider and us are terminated, the sale of the content may be suspended.
We may restrict or suspend the Service in whole or in part for the following instances.
- When installing, repairing, or inspecting the Service
- When facilities-based telecommunications business assigned by Telecommunications Business Act restricts the telecommunications service
- When power failure, equipment failure, or overflow of internet traffic restricts the Service
- When uncontrollable events such as natural disasters or national emergencies occur
In a case when a user performs any of the following activities, the user may be restricted from use of Comikey without any prior notice:
- Attempt to hack, or otherwise abuse any system.
- Falsification, crime tampering, theft, or act of fraudulent acquisition to the use of payment.
- Web crawling comics contents using any appliance, collecting and distributing with abnormal procedure.
- Repetitive access to the site with irregular action.
- Any act related to copyright infringement of comics contents.
If a user engages in any of the activities above, Comikey reserves the right to permanently terminate the membership and/or reject any refund requests without any prior notice.
Obligations of COMIKEY & the Users
[Obligations of COMIKEY]
We do not sell, rent or share personal information you provided to use the Service to external parties. However, we may share personal information when we are required to by law such as investigations by related authorities, or Communications Standards Commission. We maintain appropriate measures to resolve complaints of users regarding the Service as soon as possible. We take measures to maintain the Service at all times, and to reduce any inconvenience of users in using the Service.
[Obligations of the Users]
You must represent and warrant that you will not, in connection with your use of the Service, violate the following rules and if you do, you are solely responsible on all matters caused by your violation:
- Copying, or distributing any information or contents that you have obtained from our Service for profit without our prior consent.
- Posting or distributing to the third party through email or any other means anything that could infringe Comikeys’, and others’ patent, trademark, trade secret, copyright, and any other intellectual property.
- Selling or transferring the account you created for the Service, or the account information to a third party.
- Sending, posting, or distributing to the third party through email or any other means any information, sentences, and shapes that could disturb the public order.
- Collecting, saving, revealing other user’s personal information without our prior consent.
- Entering false information when creating or changing the account, illegally using other user’s user id and password, impersonating others, or falsely stating your relationship with others.
- Impersonating to be an employee or an administrator of Comikeys’, or using others’ names to post or send emails and messages.
- Intentionally registering or distributing computer viruses that could cause any malfunction of any equipment related to the Service or destroy information.
- Sending information that could harm the Service, advertisements or Spam Mail against the receivers’ clear refusal.
- Sending any words, sounds, writings, pictures, or videos that could incur shame, hatred, or fear to others that could interrupt others’ life.
- Defaming or causing loss to others.
- Accessing the weak points of the Service that was not fixed or missed by Comikey to access undisclosed information, to change or alter information.
- Violating any laws or policies of the Service
- Obstructing the business of Comikey.
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Postings, your violation of this Agreement, or your violation of any applicable law or regulation.
Disclaimer of Warranties
USE OF THE COMIKEY WEBSITE, COMIKEY APP AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE COMIKEY WEBSITE, COMIKEY APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE COMIKEY WEBSITE, COMIKEY APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE COMIKEY WEBSITE, COMIKEY APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE COMIKEY WEBSITE, COMIKEY APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF KEYS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE KEYS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In case if you have any questions regarding the Terms of Service, please email us at [email protected]