The Service provides you access to data and intellectual property that SQUARE ENIX maintains on its servers. Subject to your continued compliance with the conditions set forth in this User Agreement, SQUARE ENIX grants you a limited license to view digital versions of Japanese comics ("Manga") and other content available through the Service via streaming only for so long as SQUARE ENIX operates the Service. Available Manga and other content through Service and all other aspects of the Service (including but not limited to the Manga, website content, and software supporting the website) are determined by SQUARE ENIX at its sole discretion. All intellectual property rights to Manga and other content provided in the Service are owned by SQUARE ENIX or its licensors. You do not have any property rights in the Manga; instead you have a terminable, revocable license.
You may purchase a license to view any Manga that SQUARE ENIX makes available via the Service. The prices for each license will be set forth on the Service website and may change without advance notice. When you confirm your purchase, SQUARE ENIX (or a third party payment solution) will charge or debit your selected payment method appropriately. Upon completion of the transaction, SQUARE ENIX will send you a confirmation email including an order number. The transaction shall be deemed complete upon sending of the confirmation email. All transactions are non-refundable.
The activities identified in this Section 3 ("License Limitations") are strictly prohibited and violate the conditions or limitations on your license to use the Service. Therefore, any use of the Service in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license. Use of the Service in excess of these provisions, or use at all after your license is revoked infringes SQUARE ENIX's (or its Licensors') copyrights to the Manga. Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. SQUARE ENIX may update the list of License Limitations herein at any time. The current License Limitations are as follows:
You may not download, print, save, post, frame, or otherwise copy the Manga to personal computers, portable hardware, paper, websites, or any other media or devices. The Manga may only be viewed via streaming access to the Service.
You may not exploit the Service for any commercial purpose (for example, re-selling the Manga) without SQUARE ENIX's prior written consent.
You may not intercept, mine or otherwise collect information from the Service using unauthorized software.
You may not hack, disassemble, decompile, or otherwise modify any aspect of the Service.
You may not modify or cause to be modified any files that are a part of the Service and may not make any derivative works of the Service or Manga.
You are authorizing all fees charged under this User Agreement. Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize any charge.
From time to time, in order to provide our customers with the optimal experience, it is necessary for SQUARE ENIX to conduct routine maintenance on the computers and/or servers that support the Service. During these times, access to the Service may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond SQUARE ENIX's control, or any other reasons for which SQUARE ENIX, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that disruptions to the Service may occur and waive any causes of action against SQUARE ENIX in any way arising from or related to any such disruptions to the Service.
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems or computers) and internet access necessary to access the Service, and for ensuring such equipment and services are compatible with all requirements of the Service.
This User Agreement will begin when you first agree to it and will remain in effect until terminated. SQUARE ENIX may terminate this User Agreement at any time without notice. SQUARE ENIX reserves the right to discontinue all or part of the Service at any time with or without prior notice to you, at which time the User Agreement will be terminated for all affected users. As described in Section 3 (License Limitations) above, breach of this User Agreement may automatically terminate your license to use the Service. Upon any termination of this User Agreement, you will no longer be able view any Manga. The following sections shall survive any termination of this User Agreement: 1 (excluding the terminated license grant), 2, 3, 4 and 7.
You agree to indemnify and hold harmless SQUARE ENIX and its parent, subsidiaries, affiliates, partners, officers, employees and agents from any claim, demand, or loss (including reasonable attorney's fees and court costs) incurred due to your usage of the Service, your violation of this User Agreement, or your violation of any rights of another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE SERVICE AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. SQUARE ENIX DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
It is SQUARE ENIX's goal to informally resolve legitimate consumer disputes without resort to formal litigation. Therefore, prior to filing any formal legal action against SQUARE ENIX, you agree to a make good faith attempt to informally resolve your grievance by sending a detailed letter with current contact information by Registered Mail or Overnight Delivery to the Square Enix, Inc. Legal Department, 999 North Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245 USA. You agree to allow SQUARE ENIX thirty (30) days to contact you to attempt to resolve the dispute. If you file a formal legal action without abiding by this section and the action is unsuccessful, you agree that you will be responsible for SQUARE ENIX's costs and reasonable attorney's fees incurred as a result of the unsuccessful action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE OR OTHER MATERIALS PROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REFUND OF MONEY YOU PAID TO SQUARE ENIX FOR USING THE SERVICE.
In no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SQUARE ENIX or with the distribution, operation, development, or performance of the Service.
This User Agreement and all actions arising out of or related to your use of the Service or this User Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law provisions. Any actions arising out of or related to your use of the Service or this User Agreement shall be heard in the courts located within the County of Los Angeles, California.
If any sentence or any provision of this User Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
No waiver by SQUARE ENIX of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User Agreement. No SQUARE ENIX customer service representative or any other personnel of SQUARE ENIX who interacts with you is legally empowered to bind SQUARE ENIX to any amendment or waiver of the terms of this User Agreement.
SQUARE ENIX shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to a third party at any time without notice to Users. Each User's rights are personal to such User and may not be assigned.
SQUARE ENIX reserves the right, at its sole discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of this User Agreement or the way that the Service operates at any time. SQUARE ENIX will notify you of such changes in one of the following ways at its sole discretion: through an email, postal mail, website posting, pop-up screen or in-Service notice. If you do not agree to any such change or modification, you may terminate this User Agreement by ceasing to use the Service. Your continued use of the Service following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.