We also reserve the right, at any time and from time to time to modify or discontinue one or more Sites, or any portion thereof, including any features, products, promotions, content or services offered through the Sites, with or without notice and/or to offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any feature, product, promotion, content or service offered through the Sites. Your continued use of the Sites after such changes will indicate your acceptance of such changes.
The Sites, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), documentation and any accompanying fonts, and changes and updates to the Sites, are licensed to you by SuBLime for your own personal, non-commercial use, subject to the following: Neither title nor any intellectual property rights are transferred to you, but rather remain with SuBLime, who owns full and complete title, and SuBLime reserves all rights not expressly granted to you. The rights granted to you are non-transferable, and are limited to SuBLime's intellectual property rights in the Sites and do not include any other patents or intellectual property rights.
2.2 Special Provisions re Google. If you access the Sites through Google, including through Google Play for mobile applications, you also acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. You further acknowledge that you have reviewed and agreed to the Google Play Terms of Service (located online at https://play.google.com/intl/en-us_us/about/play-terms.html).
3. Registration. You may be provided the opportunity to register to become a member of one or more of the Sites. In some instances, SuBLime may also require registration to gain access to certain Site areas or services. If you choose to register on our Sites, you agree to (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites. You may not include in your member profile any telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by email at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Proprietary Rights in Materials on the Sites. SuBLime and/or its licensors and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Materials") provided through the Sites. The Materials are derived in whole or in part from material supplied by SuBLime and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by SuBLime.
The trademarks, logos, and service marks displayed on the Sites (collectively, the "Trademarks") are the registered and unregistered trademarks of SuBLime, its licensors and suppliers, and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of SuBLime, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and SuBLime will enforce its intellectual property rights in such Trademarks.
5. Submitted Content. While using the Sites, you may have the opportunity to post or transmit to the Sites notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Submitted Content"). By sending or transmitting Submitted Content to us, or by posting Submitted Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, make, have made, sell, offer for sale and import such Submitted Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You hereby represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that the Submitted Content, and your provision thereof to and through the Sites, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Submitted Content that you may have under any applicable law under any legal theory.
We neither endorse nor are responsible for information or content posted in the public areas of the Sites, or for any opinion, advice, information, or other statement made or displayed on the Site by third parties. The opinions expressed in such postings reflect solely the opinions of the participants and may not reflect the opinions of SuBLime. We are not responsible for any errors, omissions or unauthorized content in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable TO YOU for any loss or damage caused by your reliance on such information obtained through the Sites.
6. Creative Submissions/Communications. SuBLime does not accept or consider creative ideas, suggestions or materials other than those SuBLime has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by SuBLime or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed to be, and shall remain, the property of SuBLime. None of the Information shall be subject to any obligation of confidence on the part of SuBLime, and SuBLime shall not be liable for any use or disclosure of any Information. You hereby assign to SuBLime all right, title and interest in and to the Information, including all intellectual property rights now known or hereafter existing throughout the universe, and SuBLime shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
7. Rules of Conduct on the Sites. We expect users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section:
a. You may not post or transmit Submitted Content (even if made in a joking, sarcastic or unintended manner) that:
b. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Sites without SuBLime's prior written consent.
c. You must use the Sites and Materials in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of users of the Sites by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted.
d. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other users. Although SuBLime cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior express consent. In order to protect our registered members from such advertising or solicitation, SuBLime reserves the right to restrict the number of messages or emails that a member may send through the Sites to other registered members in any 24-hour period to a number that SuBLime deems appropriate in its sole discretion.
Descriptions or images of, or references to, products or services on the Site do not imply SuBLime's endorsement of such products or services. SuBLime reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to SuBLime's acceptance of any order. Price and availability of any product(s) is/are subject to change without notice. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. SuBLime shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, acts or omissions of such advertisers or third parties on the Sites.
The term "digital product" refers to paid digital products available from SuBLime, including SuBLime digital subscriptions. Users can purchase a digital subscription to Weekly Shonen Jump ("WSJ"). In order to purchase and/or download digital content, a user must first open an account on SuBLime's website and provide valid credit card information and billing address to SuBLime, or use one of SuBLime's mobile apps for iOS, Android, or Amazon in conjunction with the user's respective iTunes, Google, or Amazon account.
When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. All digital product purchases are final and no refunds will be given. If you reside in a country where applicable law provides for a period of cancellation if you change your mind after purchasing a paid subscription, Viz Media will issue a full refund if requested within the statutory period, but only if you have not logged in or otherwise redeemed or started to consume the subscription. By opening an account with SuBLime to access and download digital content, you represent and warrant that you are capable of entering a contract under the laws that apply to you.
10. Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by SuBLime or its subsidiaries and affiliates of the opinions or views expressed by these linked sites. SuBLime has no control over these linked sites, and is not responsible for the availability of such sites, and SuBLime does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such linked sites.
YOU AGREE THAT YOUR USE OF LINKED WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
SuBLime welcomes links to the Sites. You may establish a link to the Sites, subject to the following express conditions: (a) the link from your site to the Sites does not state or imply any sponsorship or endorsement of your site by SuBLime, its affiliates, or any company, group or individual affiliated with SuBLime; (b) you may not reproduce or otherwise commercially exploit any Site or any intellectual property contained therein in any manner or medium whatsoever, nor may you allow or authorize others to do so; (c) your site may not include, advertise or be associated with any of the following items: (i) "adult" or sex related items; (ii) tobacco products; (iii) alcoholic beverages; (iv) firearms, fireworks, ammunition and other weapons; (v) legal or illegal gambling; (vi) illegal drugs; (vii) unlawful, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar or obscene communications; (viii) computer worm, virus, hacking or spam; or (ix) any unlawful activity; (d) you do not use on your site any Trademarks or Materials appearing on the Sites, including but not limited to any logos or characters, without our prior express written consent or the consent of any third party owner of such Trademarks or Materials; and (e) you may not frame or otherwise incorporate into another website any of the Materials on the Sites without our prior express written consent.
11. Copyrights and Copyright Agent. SuBLime respects the rights of all copyright holders and in this regard, SuBLime has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, members and account holders who infringe the rights of copyright holders. If you believe in good faith that materials hosted by SuBLime infringe your copyright under U.S. law, please provide SuBLime's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the "DMCA"):
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Notices with respect to the Sites should be sent to:
Online Manager (Legal Matter)
1355 Market Street, Suite #200
San Francisco, CA 94103
12. Access By Minors. Pursuant to 476 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material on websites that is harmful to minors. Parental control protections may not be available in all areas outside of the US and may not be available for mobile applications. Information identifying current providers of such protections is available at the web site of America Links Up (http://www.netparents.org/parentstips/browers.html).
13. User Disputes. You are solely responsible for your interactions with other users. SuBLime reserves the right, but has no obligation to monitor communications and any disputes between you and other users.
SuBLime assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. SuBLime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Sites. Under no circumstances will SuBLime be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites or any Materials posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. SuBLime cannot guarantee and does not promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER VIZ MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF VIZ MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MAXIMUM LIABILITY TO VIZ MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. 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.
15. U.S. Export Controls. Materials downloaded from the Sites may be subject to United States export controls. No Materials may be downloaded from the Sites or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Materials from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Geographic Limitations. The Sites are controlled and operated by SuBLime from its offices within the State of California. We reserve the right to limit the availability of the Sites and/or the provision of any service, program, or other product described upon the Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. SuBLime makes no representation that Materials available through the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
1355 Market Street, Suite #200
San Francisco, CA 94103
20. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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