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Terms of Service

Effective Date: October 25, 2019

The company that operates as Tappytoon and provides the Service is Contents First, Inc (the "Company"). We may also refer to the Company by words such as "we," "us," or "our." As used here, the term "App" means our applications for mobile and tablet devices, and the term "Site" means the Tappytoon website (www.tappytoon.com). The Site and App enables browsing, purchasing licenses to, and read the comics, webtoons, media and any related content available through the Site or the App ("Content"). The term "Service" means each of and any combination of, the Site, the App, the Content, and related Tappytoon services.

By using the service, you agree that you have read and understand, and agree to be bound by, (1) these Terms of Service (this "Agreement"), (2) the Privacy Policy, found at https://www.tappytoon.com/terms/privacy and incorporated herein by reference. If you do not agree to any of these terms, or the Privacy Policy, you are not permitted to use the Service.

Limitations on Use

1. If you are prohibited under applicable law from using the Service you may not use it.

2. You must be at least thirteen (13) years old to use the Service. Use of the Service by anyone under the age of thirteen (13) (or under such other age as may apply under applicable Supplemental Terms) is unauthorized and unlicensed. In all cases, if you are under eighteen (18) years old, you may only use the Service with the approval of your parents or guardian.

3. Use of the Service for a commercial purpose is unauthorized and unlicensed.

4. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Service, or publish or otherwise make the Service available to others. You may not, and may not encourage, authorize, or assist others to, (a) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service, (b) modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Content, (c) attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent, (d) attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse, (e) attempt to disguise the origin of any message or transmittal that you send to or through the Service, including by forging headers or otherwise manipulating identifiers, (f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity, (g) intercept any system data, personal information, or other data relating to the Service, (h) remove any proprietary notices or labels on the Content or other components of the Service, (i) access or use the Service for any unlawful purpose, (j) take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure, or (k) use or launch any automated system, including any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other method or system that accesses, acquires, copies, or monitors any part of the Service in a manner that sends more requests to the Company's servers or other infrastructure in any period of time than a human being could reasonably produce in the same period of time by conventional manual means (provided that the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right in its sole discretion and at any time to revoke such permission either generally or in specific cases).

5. The Company reserves the right to revoke your license to the Content if you violate the terms of this Agreement, or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Content or if the Company or the owner or licensor of the Content no longer has the legal rights necessary to authorize distribution of that Content. The Company may modify or discontinue the offering of any Content at any time. Any unauthorized use by you of the Content automatically terminates the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.

Limited License to Content

1. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement and any applicable Supplemental Terms (including, without limitation, payment of any applicable fees, including fees for Content you license), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Content for your personal, non-commercial use. Such license does not confer on you any ownership interest in such Content. Words such as "purchase" or "sale" (and similar terms, including all tenses), as applied to Content (including any Content the Company makes available for free), refer to the grant to you of a limited license as described herein.

2. In our sole discretion, we may limit the number of compatible internet-connected devices (collectively "Devices", including but not limited to media players, computers, smartphones, tablets or other similar devices) to which you can download and store cached content. Such content is Content for purposes of this Agreement, are provided solely for your personal, non-commercial use, may not be transferred to others, and are subject to all of the terms of this Agreement.

Termination of Account and Service

1. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND ACTIVITY IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, LICENSES AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICE AND CONTENT, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY OR THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF INTELLECTUAL PROPERTY RIGHTS.

The Company reserves the right to stop offering and/or supporting the Service at any time, at which point your license to use the Service will be automatically terminated. In such event, the Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

You may terminate your Account at any time and for any reason by following the process described on our support page located at https://www.tappytoon.com/faq and informing the Company that you wish to terminate your Account.

Intellectual Property and Other Rights

The Service is owned and operated by the Company. The Content (including but not limited to the comics, chapters, episodes, artwork, text), software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the "Tappytoon Materials"), are protected by the laws of the United States, the Republic of Korea (South Korea) and other jurisdictions 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 Tappytoon Materials, including intellectual property rights therein 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 the Tappytoon Materials except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest in or to the Tappytoon Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

Purchases, Fees and Payment

Certain features of the Service, such as purchasing a license to view certain Content, require the payment of fees. All such fees must be paid in advance. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds.

1.Purchases

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use "Virtual Currency", including but not limited to tokens or points, all for use in the Service. You are only allowed to purchase Virtual Currency from us or our authorised partners through the Service, and not in any other way.

The Company reserves the right to manage, regulate, control, modify or eliminate Virtual Currency, prices or fees applicable to future transactions at any time for any reason in its sole discretion, with or without notice. The Company shall have no liability to you or any third party in the event that the Company exercises any such rights.

The transfer of Virtual Currency is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Currency to any person or entity or attempt any of the aforesaid, including but not limited to the Company, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

2. Payment of Fees

You agree to pay, in advance, all fees and applicable taxes incurred by you or anyone using an Account registered to you. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds. The Company may revise the pricing for the content and services offered through the Service at any time. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS SUSPENDED OR TERMINATED, WHETHER SUCH SUSPENSION OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.

Fees from Third Parties

The use and operation of your mobile or other device and your use of mobile or fixed network services in connection with your use of the Service may be subject to separate third party terms of service and fees (such as roaming, data, and other applicable fees charged by your mobile network operator). You are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.
Updates to the Service
You understand that the Service is an evolving one. The Service may vary by device and medium, and functionalities and features may also differ between devices. The Company may require that you accept updates to the Service, the App or Site you have installed on or access via your device or computer. You acknowledge that the use of the Service may require third party software that is subject to third party licenses.

Warranty Disclaimer

The Service is provided "as is" and without warranty or condition, and may not be uninterrupted or error-free.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) 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 SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE 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; Sole and Exclusive Remedy; Indemnification

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) 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 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE COMPANY'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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.

You agree to indemnify, defend and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

The Service is controlled and offered by the Company through its infrastructure and equipment in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Privacy Policy

The Company has established certain policies and procedures relating to the collection and use of your personal information in relation to your use of the Service. You can view our full privacy policy on our website: https://www.tappytoon.com/terms/privacy. By using the Service you are also agreeing to the terms of our Privacy Policy.

Miscellaneous

1. Unsolicited Materials. The Company does not accept unsolicited materials, pitches, stories or ideas for Tappytoon Content, and is not responsible for the similarity of any of its Content in any media to materials or ideas transmitted to the Company.

2. Severability. You and the Company agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

3. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

4. Entire agreement. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and the Company and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

5. No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

6. Amendment. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.