Effective as of [January 10, 2023].
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Applicable Terms
These Comicle Terms of Service (these “ToS”) apply to your use of the Comicle,
the
application
software
provided by Amutus Corporation (“Amutus” or “we”) for mobile devices, and related services (the “App”). In
addition, some of the services provided on the App may have additional terms of service, guidelines, or
other regulations applicable to those services (collectively, “Additional Terms”). Such Additional Terms are
incorporated into these ToS by reference (the ToS and Additional Terms, together, the “Terms”). By using the
App, you are agreeing to the Terms, regardless of whether you are a registered user.
You are required to read and agree to the Terms, including applicable Additional Terms, before
starting to
use the relevant service. The Additional Terms may contain a clause that sets forth certain terms of these
ToS that do not apply to the service governed under the Additional Terms, or a clause that conflicts with
its counterpart in these ToS. Such clauses in the Additional Terms shall supersede these ToS to the extent
necessary to resolve such conflicts, and only for those relevant services governed under the Additional
Terms.
BEFORE USING THE APP, YOU MUST CAREFULLY READ AND ACCEPT ALL TERMS , INCLUDING ANY APPLICABLE
ADDITIONAL
TERMS, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER (SEE ARTICLE 18 BELOW). BY
USING THE APP, YOU REPRESENT AND WARRANT THAT YOU ARE 17 YEARS OR OLDER. IF YOU DO NOT AGREE TO ANY PART OF
THE TERMS, PLEASE DO NOT USE THIS APP SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT
TERMS AND CONDITIONS FOR ITS USE. IF YOU ARE BETWEEN 17 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION
OF RESIDENCE, YOU MUST OBTAIN YOUR PARENT OR LEGAL GUADIAN’S PERMISSION TO USE THE APP IN ADVANCE.
Amutus may revise, make additions to, update or abolish the Terms at Amutus’s convenience
without notice as
further described in Article 14, unless a notice is required under applicable law. If we make material
changes to these Terms, we will post such changes on our website.
MOST CURRENT VERSION OF THE TERMS,
WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY ACCESSING TOS & ADDITIONAL TERMS.
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Permitted Use of the App
- You may use the App if you are (i) a resident of the United States, (ii) not a person barred from receiving
the services provided in the App under the laws of the United States and (iii) 17 years of age or older. If
you live outside the United States or you are under 17 years of age, you shall not make any use of the App,
including downloading the App, installing the App, or signing up for an Account (as defined below).
- You may only use the App, including e-books and other digital content available on the App (collectively,
“Digital Content”), for purposes expressly permitted by the Terms. As a condition of your use of the App,
you represent and warrant to Amutus that you will not use the App for any purpose that is unlawful, offensive,
and/or prohibited by the Terms.
- Amutus provides the App only for your private and non-commercial purposes. Unless otherwise approved in
advance by Amutus, you are strictly prohibited from using or accessing the App, in whole or in part, for
business or commercial purposes or any similar activities, or preparation for such activities. Moreover, you
are not permitted to use the App for any prohibited acts as set forth in Article 8.
- Amutus reserves the right to refuse, suspend or cancel your use of the App at any time in our discretion for
any reason that is not unlawful.
- The App is only available to customers who are 17 years of age or older. Any person under 17 years of age is
prohibited from downloading, installing, or otherwise making any use of the App, including signing up for an
Account.
- If you are between 17 and the age of legal majority in your jurisdiction of residence, you shall only use
the App under the consent and supervision of your parent or legal guardian, who agrees to be bound by the
Terms. We may request you to provide evidence of your parent or legal guardian’s consent, or your age.
- WARNING: The App and some of Digital Content, images, external links, and other information provided on the
App (“Information Provided on the App”) contain information for adults such as sexual, violent, or antisocial
expressions.
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Recommended Environment
- In order to use the App, you need to download and install the App on a supported device and operating system
(“Environment”), as designated on the App’s Recommended Environment page available here (the
“Recommended
Environment”). The App may not be usable or functional, in whole or in part, in an Environment other than the
Recommended Environment. Amutus reserves the right to make changes to the Recommended Environment without
prior notice.
You are required to properly prepare and operate the equipment, applications, and other hardware and software
necessary to use the App at your own risk and expense. Amutus may, but is not obligated to, offer you any
support for the preparation or operation of the App. If you use a third party’s application in connection with
the App, that third party’s terms apply, and Amutus is not responsible for your use of any third-party
application.
- Internet access is necessary for the use of the App, and you will incur and have to pay for
telecommunications fees apart from your payment for Coins. You are solely liable for any telecommunications
fees incurred by you and agree Amutus is not responsible for such fees.
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User Registration and Account Information
- For purchasing Coins (as defined below) or using some other functions of the App, you need to sign up for a
user
account (“Account”). You may sign up through your social media accounts, such as Google account login, or by
creating
a user account through the App’s registration form.
- You agree to provide true, accurate, current and complete information as required in the process of signing
up for the Account. If you provide any information that is untrue, incomplete, not current or inaccurate, we
have the right to suspend or terminate your Account and refuse your current or future use of the App or any
portion thereof.
- You are solely responsible for any activity that takes place on the App under your Account. If you become
aware of any
unauthorized use of your Account or your username, password, and/or other credentials to access your Account
(collectively,
“Security Credentials”), it is your responsibility to notify Amutus immediately by accessing "Contact Us". You
must maintain
the confidentiality of your Security Credentials at all times. You acknowledge and agree that Amutus may deem
any use of
the App through your Account done by you. Amutus will assume no liability for any loss or damage you may
suffer due to
a third party’s use of your Security Credentials.
- You shall not assign or transfer, sell, lend, disclose, or divulge to third parties, or have third parties
succeed to, your Security Credentials.
- Amutus may suspend your Account at its sole discretion if Amutus deems that you haven’t used your Account
for more than six (6) months. Amutus may cancel your Account at any time without your consent in our
discretion.
If such suspension or cancellation of your Account makes you unable to use your Account and you suffer loss or
damage,
Amutus will assume no liability therefor.
- If you would like to delete your Account, you will have to complete the account deletion process.
- Once you have deleted your Account, you will lose any right and privilege you may have had in, to, or in
connection with your Account, including, but not limited to, the right to access Digital Content you unlocked
by using Coins and the right to use Coins stored in your Account. Any outstanding obligations that you owe
to Amutus shall be accelerated at the time of the cancellation of your Account.
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External Services
- You may choose to link or connect the App to an online service provided by a third party (“External
Service”). You acknowledge and agree that Amutus may, in its discretion, add, delete, or make changes to
supported External Services to which you can link or connect. Access to External Services is provided as an
optional service to you, and External Services are not sponsored by, endorsed by or otherwise affiliated with
Amutus. Amutus has no control over these External Services and makes no representations or warranties about
the
content, completeness, quality or accuracy of the links, materials or information contained in any such
External
Services. Therefore, you acknowledge and agree that Amutus is not responsible for any External Services, and
does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials
made available on or from the External Services. You also acknowledge and agree that Amutus is not responsible
or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or
arising in relation to, the use of any information, goods or services offered through these links, or any
failures and/or disruption to your computer system that results from your use of any such links, or for any
intellectual property or other third-party claims relating to your use of such External Services. YOU AGREE
THAT
IF WE REQUEST YOU TO DISABLE ANY EXTERNAL SERVICES AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH
REQUEST, WE HAVE THE RIGHT TO DISABLE THE LINK OR CONNECTION TO THE EXTERNAL SERVICES WITHOUT ANY FURTHER
NOTICE
TO YOU.
- In order to link or connect the App to an External Service, you are required to take steps as instructed by
Amutus and the External Service provider. You acknowledge and agree that Amutus will collect and use your
information as registered with the provider of your External Service.
- In using an External Service in any way, including registration and use of an account with that External
Service, you must abide by the terms and conditions set forth by the provider of that External Service.
- You are solely responsible to register, manage or otherwise use any account with an External Service. You
shall be liable for any loss or damage arising out of or in connection with your failure to adequately manage,
any mistake made when using, or a third party’s unauthorized use of, your account with an External Service.
- If you use an External Service, you shall take full responsibility and liability therefor. Amutus shall
assume no liability for any loss or damage arising out of or in connection with your use of an External
Service,
any problem arising between you and the operator of an External Service, or any other matter in connection
with
an External Service.
- If you use an External Service and your account with that External Service is revoked, deleted, or
suspended, your Account with the App will not be automatically deleted, and remain in effect.
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Handling of Personal Information
Amutus may, in its discretion, exploit, make public, or otherwise make use of in any way, statistical or
aggregate data on customers’ use of the App. We process personal information collected directly from you,
through the App, or from third parties in accordance with our privacy policy available here(the
“Privacy Policy”). You acknowledge and agree that you have received, read and understood our Privacy Policy.
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Disclaimer and Cautions
- About the App
AMUTUS MAKES NO WARRANTIES AS TO COMPATIBILITY, SUITABILITY FOR YOUR PURPOSES OF USE, FITNESS FOR YOUR DEVICE,
OR ANY OTHER MATTERS. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMUTUS EXPRESSLY DISCLAIMS
ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AMUTUS MAKES NO WARRANTY THAT (1) THE
APP WILL MEET YOUR REQUIREMENTS, (2) THE APP WILL BE UNINTERRUPTED, TIMELY OR SECURE, (3) THE RESULTS OF USING
THE APP WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY DIGITAL CONTENTS, PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED THROUGH YOUR USE OF THE APP WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE APP WILL BE
ERROR-FREE AND/OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OR WHETHER OBTAINED BY YOU FROM AMUTUS OR THROUGH OR FROM THE APP, SHALL CREATE A WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
- About Information Provided on the App
No Information Provided on the App shall be deemed to be representations of facts, tie-ups, or recommendations
to buy, sell, or possess Digital Contents or related merchandise. Amutus will not, under any circumstances,
assume
any liability to any individual or organization for:
(1) any loss or damage, in whole or in part, arising from the result of obtaining or using, or arising out of
incapability of using, Information Provided on the App; or
(2) any loss or damage, in whole or in part, arising from any inaccurate or incomplete Information Provided on
the App.
As a user of the App, you also understand and agree that the App may also include advertisements. You agree
that
such advertisements are not unsolicited advertisements, and you agree to receive them subject to all
applicable
laws. You agree that Amutus shall not be responsible or liable for any loss or damage incurred as a result of
such dealings or as a result of the presence of such advertisers on the service. You understand and agree that
your correspondence or business dealings with, or participations in promotions of advertisers found on or
through the App, including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and the relevant
advertiser.
AMUTUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER KIND OF QUALITY OF ANY ADVERTISEMENT IN ANY FORM SHOWN ON THE
APP
OR ANY THIRD PARTY’S WEBSITE LINKED FROM THE APP OR EXTERNAL SERVICES LINKED OR CONNECTED FROM THE APP. AMUTUS
ASSUMES NO LIABILITY FOR ANY LOSS, DAMAGE, OR DISADVANTAGE YOU OR A THIRD PARTY MAY SUFFER IN CONNECTION
THERETO.
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Prohibited Acts
- Amutus expressly prohibit the following acts, and you shall not commit any of the following:
① any act of reproducing, displaying, copying, duplicating, sending, assigning to someone, distributing
publicly
or to a target audience, reselling, streaming, transmitting, making transmittable, altering, adapting,
translating, or lending any Information Provided on the App, in whole or in part, or any other similar act, or
any act of storing any Information Provided on the App for use or exploitation for any of these purposes, or
any
act of having a third party commit any such act, without Amutus’s prior written consent;
② any act that is in breach of the Terms;
③ any act that contravenes, or is likely to contravene, public order and moral value;
④ any act that is, or is likely to be, criminal or illegal;
⑤ any act that causes, or is likely to cause, disadvantage to other customers or third parties;
⑥ any act that disturbs, or is likely to disturb, the smooth operation of the App;
⑦ any act that damages, or is likely to damage, the App’s credibility;
⑧ any act that infringes on, or is likely to infringe on, Amutus’s or a third party’s intellectual property
rights, including, but not limited to, copyright, design right, utility model right, trademark right, patent
right, and knowhow, or reputation, privacy, or other third parties’ rights or interest;
⑨ any act that promotes any of the acts listed above;
⑩ any act that abuses, defames, harasses, stalks, threatens, intimidates, or otherwise violates the legal
rights
of others;
⑪ any act that violates the privacy or publicity rights of others; or
⑫ any other act that Amutus deems inappropriate.
- If Amutus believes you have committed any of the above-listed acts, Amutus may terminate your Account or
otherwise take an action that Amutus deems appropriate, including, but not limited to, seeking damages.
- WHILE AMUTUS EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NEVERTHELESS BE
EXPOSED TO SUCH CONDUCT AND CONTENT, THAT YOU USE THE APP ENTIRELY AT YOUR OWN RISK, AND THAT AMUTUS SHALL
HAVE
NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME.
- YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE TERMS, AMUTUS CAN TERMINATE YOUR USE OF THE APP
IMMEDIATELY WITHOUT ANY RIGHT OF REFUND, SET-OFF OR HEARING.
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Discontinuation, Cancellation, Suspension and Termination of the App and Information Provided on the App
- Amutus may, at any time and from time to time, make any changes to, or suspend or terminate the provision
of, all or part of the App and/or Information Provided on the App, including Digital Content, without prior
notice. You agree that Amutus will not be liable for any loss or damage you or a third party may suffer due
to such changes, suspension or termination.
- In the event of any such changes, suspension or termination of all or any part of the Information Provided
on the App as set forth above, you acknowledge and agree that any virtual items, including Coins, that you may
have purchased, obtained through your use of the App, or otherwise acquired, may be reduced or completely
eliminated in value, and that Amutus will not be liable to you or any third party in any manner as a result of
such reduction or elimination of value of such virtual items.
- In the case of any of the following events, Amutus may suspend or terminate the provision of the App, in
whole or in part, without prior notice. You agree that Amutus is not liable for any loss or damage you or a
third party may suffer due to such suspension or termination, including but not limited to suspension or
termination due to:
- ① maintenance or other construction work performed by Amutus or a third party designated by Amutus on the
systems or facilities related to the App;
② a failure or malfunction of the systems or facilities related to the App at Amutus or a third party
designated
by Amutus;
③ a natural disaster such as an earthquake, flood, or tsunami; or war, civil commotion, riot, power outage or
any other emergency beyond Amutus’s reasonable control;
④ an order given by a judicial body, administrative agency or other competent authorities; or
⑤ when Amutus deems it necessary, in its sole discretion, for other operational or technical reasons.
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Intellectual Property Rights
The copyrights and any other intellectual property rights in or to the Information Provided on the App,
including Digital Content, are owned
by Amutus or a third-party licensor that has the copyright in question. You may use the information to the
extent that you use the App, and you shall not disclose or divulge to a third party, assign to someone, lend,
translate, alter, transmit to the public, make transmittable to the public, forward, distribute publicly or to a
target audience, or publish such information or perform any other similar act. Amutus hereby grants you a
limited, non-transferable, non-assignable, and non-exclusive license to access the App and Information Provided
on the App solely for personal and non-commercial use. Information Provided on the App is protected by
copyright, trademark or other intellectual property rights.
You acknowledge and agree that the App and any necessary software used in connection with the App ("Software")
contain proprietary and confidential information that is the property of Amutus and its third-party licensors,
and is protected by applicable intellectual property and other laws. No rights or title of to any of the
Software used in connection with the App is provided, transferred or assigned to you. You further acknowledge
and agree that content contained in advertisements or information presented to you through the App or
advertisers is protected by copyright, trademark, service mark, patent, privacy, and/or other proprietary rights
and laws. Except as expressly authorized by Amutus or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the App or Software, in whole or in part, at any time. You
also acknowledge Amutus's exclusive rights in the Amutus trademark and service mark. Trademarks, service marks,
logos, and copyrighted works appearing on the App are the property of Amutus or the party that provided such
intellectual property to Amutus. Amutus and any party that provides intellectual property to Amutus retain all
rights with respect to any of their respective intellectual property appearing on the App, and no rights in such
materials are transferred or assigned to you, in whole or in part, at any time.
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Return of Purchases and Defective Products
- Due to the nature of the products, Amutus does not accept any returns or exchanges for any
reason, including accidental use of Coins.
- If you find a technical defect or error in Digital Content you accessed on the App and that defect or error
prevents you from reading or watching that Digital Content as expected, please contact Amutus by accessing
"Contact Us" within seven (7) days after you started reading or watching that Digital Content.
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Limitation on Liability and Indemnity
- IN NO EVENT WILL AMUTUS OR ANY OF ITS PARENT, AFFILIATES, OR SUBSIDIARIES, OR ANY OF ITS OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS,
MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “RELEASED PARTIES”) BE RESPONSIBLE FOR ANY POTENTIAL
DAMAGES TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP, DOWNLOAD OF ANY
CONTENT OR ACCESS TO ANY EXTERNAL SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMUTUS
NOR ANY RELEASED PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, SERVICE OR CONTENT, ARE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA, MONEY, GOODWILL OR REPUTATION, OR PROFITS, OR OTHER INTANGIBLE LOSSES) ARISING OUT
OF
OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY OF USE OF THE APP, SERVICE, OR CONTENT, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHER LAW, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- Regardless of the basis on which you makes a claim for damage against Amtus, and notwithstanding possible
invalidation of the provisions of Amtus’s disclaimer in the Terms, Amutus shall not in any event be liable for
any amount in excess of the lesser of (i) the actual total amount you paid to Amutus on the App within one (1)
month from the date of the reason of such claim, or (ii) [one hundred dollars ($100)]. Please note that some
jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to
you.
- You agree to indemnify, defend, and hold Amutus and its subsidies, affiliates, officers, agents, and other
partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demands
of
any kind, including actual attorneys’ fees and related costs, made by or arising out of your use of the App in
violation of the Terms and/or your violation of any rights of another or any applicable law, rule or
regulation.
- Without limiting the generality of the foregoing, you hereby waive the provisions and protections of the
California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the release and that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
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Third Party Beneficiary
You agree that Apple and Apple's subsidiaries are third party beneficiaries of the Terms and Apple will have the
right to enforce the Terms against you as a third party beneficiary.
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Amendment of Terms
The Terms, including the ToS and any applicable Additional Terms, govern the terms and conditions of your use of
the App and Information Provided on the App, and supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and Amutus with respect to the App and Information
Provided on the App. Unless otherwise provided by Amutus, any amended terms will become effective at the time
that Amutus has them shown on the App. Accordingly, you should review the Terms periodically to determine if any
changes have been made. Your continued use of the App after any changes have been made to the Terms signifies
and confirms your acceptance of any such changes or amendments to these Terms.
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Disclosures Required by Law
Amutus reserves the right at all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, and in accordance with our Privacy Policy. Amutus reserves
the right to fully cooperate with any law enforcement authorities or court order requesting or directing Amutus
to disclose the identity of anyone posting any content, or publishing or otherwise making available any
materials that are believed to violate the Terms. Amutus will use reasonable efforts to notify you if you
provided your contact information in connection with any such inquiry, to the extent permitted by law. YOU AGREE
TO HOLD AMUTUS HARMLESS IN CONNECTION WITH ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMUTUS DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AMUTUS
OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
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No Assignment
You may not assign or transfer to third parties, have third parties succeed to, create a security interest for
the benefit of third parties over, or otherwise dispose of, your rights, obligations or contractual position
under the Terms.
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Severability and Non-Waiver
If any provision of the Terms proves to be invalid or unenforceable under applicable law, the remaining
provisions of the Terms shall remain in full force and effect. In addition, the invalid or unenforceable
provision shall be automatically amended such that the amended provision contains an agreement most similar to
the agreement intended under the original invalid provision and proves to be valid and enforceable under
applicable law. The failure of Amutus to exercise or enforce any right or provision of the Terms shall not
operate as a waiver of such right or provision. Any waiver of the Terms by Amutus must be in writing and signed
by an authorized representative of Amutus to be effective.
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Governing Law and Jurisdiction
- The execution, validity, performance and construction of the Terms shall be governed by the laws of the
State of New York. Any doubt or dispute arising between you and Amutus shall be negotiated between you and
Amutus in good faith. If the doubt or dispute still cannot be solved through good-faith negotiation, you and
Amutus agree to submit to the exclusive jurisdiction of the state and federal courts of New York in the first
instance. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING
OUT OF OR RELATED TO USE OF THE APP OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF
ACTION AROSE OR BE FOREVER BARRED.
- YOU AND AMUTUS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION,
INCLUDING WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT.
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Notice for California Users
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the
following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112,
Sacramento, CA 95834, or by telephone at (800) 952-5210.
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Export Control
Software and other materials available through the App may be subject to United States Export Control. The
United States Export Control laws prohibit the export of certain technical data and software to certain
territories. No software from the App may be downloaded or exported (i) into any other country to which the
United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the
downloading or exportation of any software or technical data from the App to any jurisdiction prohibited by
United States Export Laws.
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Acquisition of Coins
- You may purchase Coins© which are digital units that you can use to access Digital Content (“Coins”)
through the in-app purchase system provided by your payment service provider, including Apple Inc. and Google
LLC.
Your payments shall be subject to the terms and conditions of the relevant contract concluded between you and
your payment service provider. Any dispute that may arise between you and your payment service provider shall
be resolved between you and your payment service provider. Amutus shall have no responsibility or liability
for
such disputes. By purchasing Coins, you represent you are properly authorized to complete such purchases.
- Once you complete the process of purchasing Coins, you will not be exempt from your obligation to pay for
Coins
in any event, including when you are unable to use the App due to telecommunication system failure. Amutus
will
not refund, exchange or reimburse any payments you made to obtain Coins.
- Amutus may grant you Coins free of charge when you meet certain conditions set by us. Amutus shall have the
right
at any time and in its sole discretion to determine or change the conditions, including the amount of Coins to
be
granted.
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Use of Coins
- You may use your Coins only for the purpose of accessing Digital Content on the App and not for
any other purpose. Your Coins may not be exchanged for cash or refunded unless required by applicable law.
Any Coin balance shown in an Account does not constitute a real-world balance or reflect any stored monetary
value
in any fiat currency.
- You need different numbers of Coins for different Digital Content. On the introduction screen of each
Digital Content,
you will see how many Coins you need for that Digital Content. Amutus shall have the right at any time and in
its sole discretion
to determine or change the amount of Coins required for each Digital Content. Amutus may at any time,
regulate, control,
modify and/or eliminate Coins in its sole discretion.
- When you press the button to read Digital Content that requires the redemption of Coins on a screen on the
App,
your Coins will be used.
- Digital Content accessed on the App are edited for and made available in e-book format. You acknowledge and
agree
that there are differences between a piece with the same book title in an e-book edition and in a printed
edition
such as paperbacks, hardbacks, and other printed books and magazines, or in other media, in terms of price,
the number
of episodes, etc.
- Once you have read or watched Digital Content by redeeming your Coins on the App, you may re-read or
re-watch that
Digital Content free of charge for an indefinite period of time; provided, however, that some Digital Content
may only
be read or watched during a limited period of time (“Viewable Period”). You can see whether or not Digital
Content has a
Viewable Period on the introduction page of that Digital Content. You acknowledge and agree that Amutus does
not guarantee
that you are entitled to re-read or re-watch the Digital Content you accessed by redeeming your Coins for an
indefinite period
of time, whether or not the Digital Content in question has a Viewable Period. Amutus reserves the right to
take action to
prohibit you from re-reading or re-watching those Digital Content if the author of the Digital Content in
question wishes
so or for any other compelling reason. In any case, Amutus will not return your Coins to you once you use
them, exchange
those Coins for cash, or accept any similar request from you.
- Any Digital Content for which you redeem your Coins to access on the App may not be stored in your device or
any storage media such as memory cards.
- You acknowledge and agree that some Digital Content on the App may not be available on your device.
- You acknowledge and agree that any Digital Content on the App may not be available outside the United
States.
-
Coins
- When you obtain or buy Coins, you acknowledge that you are granted a limited, personal, revocable,
non-transferable,
non-sublicensable license to use the Coins in the App only. You have no right or title in or to any Coins
appearing or
originating in the App, or any other attributes associated with use of the App or stored within the App. The
license shall
automatically terminate if your access to the App is terminated for any reason. Coins are not your private
property.
You acknowledge and agree that all sales of Coins are final.
- Coins purchased do not have an expiration date. For the Coins you obtain free of charge, including, but not
limited to,
giveaway promotions (“Free Coins”), Amutus informs you of the applicable expiration date when you obtain such
Coins.
- Without signing up, Free Coins will be deleted and no longer available once the App is deleted from your
device. Free Coins
can also become unavailable if the data in the App is deleted or damaged for any reason. Amutus is not
responsible or liable
for such loss or unavailability of Free Coins.
- If you delete your Account, or if your Account is suspended or terminated for any reason, all of your Coins
remaining
on your Account will be deleted and no longer available.
- Coins are not transferable between devices running on different operating systems even if you log in with
the same account.