POP COMICS LIMITED
TERMS OF SERVICE

Last updated: November 1, 2015

SUMMARY

Mascots This summary is provided only for convenience. Please review the Terms of Service below in their entirety for important information and legal conditions that apply to your use of the POP Comics platform for the sharing and viewing of online comics for mobile devices and personal computers (referred to as the “Platform”).

  • The Terms of Service below are a legal agreement between you and POP Comics that govern whether and how you may use the Platform. We may change the Terms of Service at any time. Use of the Platform is also subject to our Privacy Policy.
  • You may not use the Platform if you are under age 13. If you are age 13 or over but under age 18, you may use the Platform only with the consent of your parent or legal guardian. You may only use the Platform for personal use.
  • The comics available on POP Comics are the property of their respective owners. You may not copy or modify any content from the Platform, or any trademarks appearing in the Platform.
  • You may not post any inappropriate content in or through the Platform, or any content that you do not have legal rights to.
  • We may discontinue or change the Platform, including any features of the Platform, at any time without notice or liability to you.
  • Our liability to you relating to the Platform is limited. You agree that any disputes will be subject to binding, individual arbitration, to be held in the Hong Kong Special Administrative Region, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
  • POP Comics is a Hong Kong company and these Terms of Service and any disputes between us will be governed by Hong Kong law.

TERMS OF SERVICE

These Terms of Service are a binding agreement between you and POP Comics Limited (“POP Comics”) with respect to your use of the Platform. These Terms of Service include and incorporate Pop Comics’ Privacy Policy.

Your Agreement to these Terms of Service and Future Changes

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE PLATFORM. BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE PLATFORM, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (B) YOU ARE AGE 13 OR OLDER, AND (C) IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE PLATFORM. THE PLATFORM IS NOT TO BE ACCESSED WHERE PROHIBITED.

We may modify these Terms of Service, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms of Service, and you agree to and accept this condition. Material changes to this these Terms of Service will be announced by posting them on or within the Platform, or in the Apple App Store, Google Play and other mobile application download platforms where the Platform is available. You are responsible for checking these Terms of Service each time before using the Platform. Continued use of the Platform following the posting of changes will mean that you accept and agree to the updated Terms of Service.

If you have an Apple device and these Terms of Service are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern to the extent of such discrepancies.

We reserve all rights in and to the Platform not expressly granted to you under these Terms of Service.

Your Posting of User Content

“User Content” means content that Users have created and posted to the Platform for other Users to view and comment to, including both online comics and any comments that you or other Users may post to online comics or other User Content.

You represent and warrant that you own the User Content you post to the Platform or that you have the legal right to post the User Content. You are solely responsible for your User Content. You agree that POP Comics is not and cannot be responsible for any User Content. POP Comics will have no liability to you with respect to the actions of any other User.

POP Comics does not receive any ownership interest or license in your User Content except the limited non-exclusive, royalty-free, transferable, sublicensable worldwide license to display, exhibit and perform the User Content through the Platform. This enables us to publish your User Content on the Platform so it can be viewed by other Users. You may revoke this license at any time by removing your User Content from the Platform or terminating your account with the Platform, but acknowledge that POP Comics may retain (but not display or exhibit or otherwise use) server and backupt copies of User Content that you have posted.

POP Comics does not receive any rights to your User Content except the right to display it on the Platform, for so long as you choose to post it. Just so there’s no doubt, POP Comics obtains no rights to use your User Content for merchandising, physical books, or film/TV.

We may, but have no obligation to, monitor, edit, block or remove User Content that we determine in our sole discretion violates these Terms of Service, and may edit, block or remove User Content at any time for any reason in our sole discretion.

By posting comments to another User’s comics or other User Content, you agree that the other User may incorporate your comments into such User Content without compensation or credit of any kind. You irrevocably waive any right to claim any ownership or license rights in the User Content of any other User, or any compensation of any kind, even if such User Content incorporates comments or ideas provided by you.

You agree that the Platform may display advertisements and promotions in conjunction with your User Content, whether for third parties or for POP Comics. The content, type and placement of any such advertisements is in the sole discretion of POP Comics or its advertising partners, and may change without notice to you.

Your Viewing of User Content

You understand that POP Comics is not responsible for the accuracy, usefulness, safety or intellectual property rights of any User Content. POP Comics does not endorse any User Content, and POP Comics expressly disclaims any and all liability with respect to User Content.

You further understand that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies that you have or may have against POP Comics with respect thereto.

User Content is the property of its respective owners. You may not copy or modify any User Content from the Platform unless such User Content is owned by you or you have the legal right to do so.

Use of the Platform

POP Comics grants permission to you to use the Platform subject to your agreement and compliance at all times with these Terms of Service, including your agreement not to engage in any of the following conduct through the Platform:

  • Alteration or modification of any part of the Platform;
  • Rental, lease, lending, sale, transfer, redistribution or sublicense of the Platform or any content on the Platform or any part thereof (other than your own User Content);
  • Use of the Platform or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation (whether occurring within or outside of the Platform);
  • Interference with or disruption of the Platform, or circumvention of any security feature of the Platform;
  • Use of the Platform to violate the law;
  • Defaming, stalking, bullying, harassing, threatening or intimidating any person or to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
  • Impersonation of any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
  • Creation of a POP Comics account by automated means or false pretenses, or accessing of the Platform by automated means such as crawling, scraping or caching (provided that operators of public search engines may copy materials from the Platform for the sole purpose and solely to the extent necessary to create publicly available searchable indexes, subject to POP Comics’ right to revoke such consent at its discretion at any time).

Advertising with User Content; Creator Payment Program

POP Comics may place advertising with your User Content, and may make payments to you from amounts received for such advertising. Please seePOP Comics may place advertising with your User Content, and may make payments to you from amounts received for such advertising. Please see Creator Payment Program for more information.

Account Termination

POP Comics will terminate a User’s account if a User is found to be a repeat infringer of copyright. POP Comics reserves the right to terminate User accounts at any time for any other reason in our sole discretion.

Social Networking Services

POP Comics may enable you to log in to the Platform through an interface provided by a Social Networking Service (“SNS”), and POP Comics may also enable you to access the SNS through the Platform. Your use of any SNS, including any functionality of that SNS that is incorporated in or linked through the Platform, is at your own risk, and you expressly acknowledge and agree that POP Comics is in no way responsible or liable for SNS’s or any other third-party services or features.

Intellectual Property

Other than User Content, the content on the Platform, including without limitation text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights is owned by POP Comics or our licensors and protected by applicable copyright and trademark laws. The Platform may include registered and unregistered trademarks owned by or licensed to POP Comics, which may not be copied, imitated or used, without the prior written permission of POP Comics.

Minor Users

POP Comics relies upon parents and guardians to determine if content on the Platform is appropriate for the viewing, access or purchase by persons under the age of 18.

We do not intend the Platform to be viewed or used by children under the age of 13. By using the Platform, you represent and warrant that you are age 13 or older.

You agree to monitor use of your account by persons between the ages of 13 and 18, and you will deny access to children under the age of 13. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

Copyright Claims

We have no obligation to accept, refuse, display, monitor, maintain, censor, edit, verify, correct or remove User Content, although we reserve the right to do so in our sole discretion from time to time without notice for any reason. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any User Content. However, if you believe that any User Content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located;
  • Your address (including country), telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.

The notice should be sent to legal@popcomics.com or, if by physical mail, to:

Copyright Agent<br>POP Comics Limited<br>Unit 02-07, Berkshire House<br>25 Westlands Road, Quarry Bay<br>Hong Kong SAR

Upon receiving a request conforming with these requirements, POP Comics will endeavor to remove the User Content in accordance with the United States Digital Millennium Copyright Act. Please note that User Content may be restored to the Platform in POP Comics’ sole discretion following receipt of a counter-notification under the conditions set forth in such Act.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND POP COMICS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND THE CONTENT ON THE PLATFORM, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. POP COMICS MAKES NO WARRANTY THAT THE PLATFORM, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POP COMICS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM, THAT THE CONTENT ON THE PLATFORM OR FUNCTIONS CONTAINED IN OR PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POP COMICS OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD ANY PART OF THE PLATFORM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. POP COMICS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY USER CONTENT OR (ii) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL POP COMICS OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (THE “POP COMICS PARTIES”) BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES) DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PLATFORM; (B) ANY CONTENT ON THE PLATFORM; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE POP COMICS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE PLATFORM; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY SECURITY BREACH OR VIRUS, EVEN IF FORESEEABLE OR EVEN IF THE POP COMICS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL THE POP COMICS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE POP COMICS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT POP COMICS SHALL NOT BE LIABLE FOR USER 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 THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF POP COMICS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE POP COMICS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE POP COMICS PARTIES.

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

In the event of any failure of the Platform to conform to any applicable warranty on a device provided by Apple, you may notify Apple for a refund of the purchase price for the Platform, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.

Indemnification

To the extent permitted by law, you are responsible for damages incurred by POP Comics and our affiliates, and the officers, directors, employees and agents of each, as a result of your use of the Platform and agree to defend, indemnify and hold harmless POP Comics and our affiliates, and the officers, directors, employees and agents of each, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the Platform, (ii) any breach of these Terms of Service, the Privacy Policy or any other policies posted in the Platform from time to time and (iii) any claim that your User Content caused damage to any third party. This provision will survive these Terms of Service and your use of the Platform.

Third-Party Beneficiary

You acknowledge and agree that the providers of devices, including Apple and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon the your acceptance of the terms and conditions of this EULA, the providers of devices, including Apple, will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

You acknowledge that, in the event of any user or third-party claim relating to the Platform or your possession and use of the Platform, including, but not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; and (c) claims of infringement of a third party’s intellectual property rights, none of Apple or any other device provider or Android has any responsibility for the investigation, defense, settlement and discharge of any such claim.

No Support

You agree that neither we nor the provider of your device or app download platform (for example, Apple and Android) have any obligation to provide support relating to the Platform. If we do provide support, we may discontinue it at any time.

Unsolicited Materials, Ideas

POP Comics does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas that may be sent to us. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that POP Comics is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any obligation, liability or payment of any kind to you.

Communications

You agree that POP Comics may send e-mails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Platform, or for other purposes we deem appropriate.

Disputes

As used in these Terms of Service , “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and POP Comics concerning the Platform and your or POP Comics’ obligations and performance under these Terms of Service or with respect to the Platform, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the operator of the storefront from which you downloaded the Platform, including Apple, Google and Amazon, is not responsible for addressing any Disputes.

YOU AND POP COMICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Negotiation and Arbitration

Any Dispute arising under or relating to these Terms of Service, use of the Platform or your relationship with POP Comics shall be finally settled by binding arbitration between you and POP Comics. You and POP Comics agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and POP Comics otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or POP Comics provides written notice of the Dispute. You and POP Comics agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negotiation is not effective, arbitration shall be conducted under the UNCITRAL Arbitration Rules by the Hong Kong International Arbitration Centre before a single arbitrator.. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.

Neither you nor POP Comics will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. If the prohibition against class actions above is found to be unenforceable, then all of the preceding language in this Negotiation and Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with POP Comics.

Governing Law

The Platform is controlled, operated and administered by POP Comics (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject POP to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. By using the Platform, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and POP Comics.

ALL USE OF THE PLATFORM, SUBMISSIONS OF USER CONTENT, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE PLATFORM AND TRANSACTIONS CONCLUDED THROUGH THE PLATFORM, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

If any of the terms or conditions of these Terms of Service shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this these Terms of Service.

Delay in Enforcement

No delay or failure to take action under this these Terms of Service shall constitute any waiver by us of any provision of these Terms of Service.

Complete Agreement

These Terms of Service, the Privacy Policy, and any other policies posted in the Platform from time to time, constitute the complete agreement between you and POP Comics with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and POP Comics.