Terms of Service

Last Updated: March 15, 2021

  1. Acceptance of Terms of Service
    1. The purpose of establishing the Terms of Service (hereinafter referred to as “TOS”) is to set forth the terms and conditions applicable to the use by you (hereinafter referred to as “you” or “user”; “your” shall be construed accordingly) of the “MangaFlip” (hereinafter referred to as “This Service”) provided by Amazia, inc. (hereinafter referred to as “Amazia”) at the following application: http://mangaflip.com/ (hereinafter referred to as “This Application”). TOS are applied to any and all of your acts when you use This Application or This Service.
    2. Before you install This Application on your device or use This Service, you shall agree to TOS and the respective guidelines and rules set forth on This Application (hereinafter referred to as the “Guidelines”).
    3. The Guidelines constitute an integral part of TOS. In the event of a conflict between TOS and the Guidelines, the Guidelines shall prevail.
    4. Amazia deems and considers that you entirely and completely agree to be bound by all the terms and conditions set forth in TOS at the time you start to install This Application on your device by methods Amazia prescribes in This Application or use This Service by accessing This Application.

  2. Geographical Limitation and Purpose of This Service
    1. Amazia provides This Service only for the residents of the U.S.A.. If you are not a resident of the U.S.A., you shall not use This Service.
    2. In This Service, you may browse information or contents (including but not limited to text, image or illustration) posted on This Application.
    3. Amazia provides you with This Service only for purposes of your personal or non-commercial uses and you shall not use This Service for purposes other than the foregoing purposes.

  3. Account
    1. Amazia may, in its own sole discretion and at any time, request you to register for membership for using This Service. If you are required to register membership for using This Service, you shall login to This Service with your registered userID and password (hereinafter collectively referred to as the “Account”). You may change your password, however your userID cannot be changed.
    2. You shall make best efforts to avoid unauthorized use of your Account. You shall be fully responsible and liable for the management of your Account, and Amazia shall not be responsible or liable for any and all damages, losses or costs as a result of your failure or default in the management of your Account.
    3. You may register and manage only one Account, and you shall not jointly use your Account with others.
    4. You shall not assign, use, rent or disclose your Account to another person. Amazia may deem any acts committed while using your Account to be acts committed by you regardless of who was actually the individual using it at the time.

  4. Charge and Cost
    1. Subject to all the terms and conditions set forth in TOS, you are entitled to use This Service with no charge; provided, however, you shall be responsible for the cost of purchasing, installing, and maintaining any equipment or software, telecom charges (including data usage charges), electricity costs, or any other expenses necessary for using This Service.
    2. Amazia may modify its charges for using This Service from time to time without your consent. Amazia will notify you of the modification by means of posting on This Application and methods Amazia prescribes in This Application.

  5. Personal Information
    1. Amazia carefully and adequately treats and manages your personal information provided to Amazia. Amazia will handle such information appropriately pursuant to TOS and Amazia’s Privacy Policy (https://mangaflip.com/privacy). By agreeing to TOS, you shall be deemed and considered to have entirely and completely agreed to be bound by Amazia’s Privacy Policy.
    2. You shall consent in advance that Amazia, in its own sole discretion, may send push notifications to your device for the purpose of sending notices of information regarding Amazia and This Service including, but not limited to, advertisement, newsletters and announcements.

  6. User Environment
    1. Amazia may indicate a recommended user environment for This Service, but is not responsible for the setup or costs of the environment. You shall be responsible for preparing a sufficient environment to use This Service at your expense.
    2. You shall take responsible and sufficient measures to prevent computer viruses, unauthorized access and leakage of your information.

  7. Intellectual Property Rights
    1. Any and all copyrights, patents, trademarks and other intellectual property rights regarding This Service (hereinafter referred to as the “Intellectual Property Rights”) shall be vested in Amazia or its licensors. TOS do not represent a grant of any license of the Intellectual Property Rights to you by Amazia or its licensors.
    2. You shall not, without Amazia’s prior consent, reproduce, adapt, or publicly transmit any of the data provided by Amazia through This Service, or use This Service in a way that infringes on the Intellectual Property Rights of Amazia or its licensors.

  8. Responsibility and Liability
    1. You shall use This Application or This Service at your sole risk and shall be fully responsible and liable for any and all of your acts in connection with your use of This Application or This Service. In the event that you cause damages, losses or costs to other users or third parties, you shall be fully responsible and liable for any and all damages, losses or costs incurred by any such user or party and shall indemnify and hold Amazia harmless from and against any and all damages, losses, costs or claims with respect to the same.
    2. In the event that you fail to perform your obligations under TOS, you shall be liable and responsible for any and all damages, losses or costs incurred by any breach or default of obligations under TOS.

  9. Prohibited Conducts
    1. You shall not, nor shall you procure any third party to, do any of the acts set forth below:
      • acts that violate any applicable laws and regulations, public policy, or TOS;
      • acts of a person who is a minor under applicable law without the consent of its parent or legal guardian to use This Application or This Service;
      • acts to interrupt the operations of This Application or This Service, significantly impact network systems, or obstruct the use of This Application or This Service by other users;
      • acts to infringe any right (including but not limited to Intellectual Property Rights, trade secrets or any other rights);
      • acts to libel, defame, or insult Amazia, other users or third parties, or otherwise transmit information injurious to the reputation or credibility thereof;
      • acts to transmit information containing: excessively violent or cruel expressions; child pornography or excessively obscene expressions; or expressions that promote discrimination based on race, ethnicity, nationality, gender, creed, social status, place of residence, physical characteristics, medical history, education, or wealth;
      • acts to transmit harmful computer viruses and the like;
      • acts to transmit information intended as commercial advertisements, promotions and inducements;
      • acts which Amazia deems and considers to have a harmful effect on minors, including but not limited to transmitting information containing expressions that recommend or solicit the use or sale of drugs, particularly contraband such as stimulants and narcotics, or drinking, smoking, and gambling to minors;
      • acts to transmit information identifying any individual such as his/her name, e-mail address, telephone number, mailing address or the like;
      • acts of spoofing other users, third parties or Amazia; or
      • acts which Amazia deems and considers to be unsuitable or acts to transmit content falling under one or any of the preceding items.
    2. In the event you violate the obligations under this Article or any other obligations under TOS, Amazia may cancel your member registration for using This Service, delete all or any part of the information you have transmitted, or prohibit and restrict your use of This Service without any notice or performance of any obligation by Amazia. In such case, Amazia shall not be responsible or liable for any and all damages, losses or costs incurred by you as a result of such acts by Amazia and otherwise may seek monetary damages incurred by Amazia against you as a result of your violation.

  10. Limitation of Liability
    1. This Application or This Service is provided on an “as is” basis. Amazia does not expressly or implicitly represent or warrant the absence of defects of This Application or This Service and does not expressly or implicitly represent or warrant merchantability, fitness for a particular purpose, reliability, accuracy, validity, legality, completeness, non-infringement or any other warranty of This Application or This Service.
    2. Even if you directly or indirectly suffer any damage, loss or cost arising out of using This Application or This Service, Amazia shall not be responsible or liable for such damages, losses or costs.
    3. Even if you cause disputes between other users or third parties, Amazia shall take no part in any such disputes, and you shall be liable and responsible for solving such disputes at your expense and responsibility. If other users or third parties suffer any damage, loss or cost from such disputes, you shall be fully responsible and liable for such damages, losses or costs.
    4. Even if Amazia shall be responsible or liable under applicable laws and regulations, except in the case of Amazia’s intentional or gross negligence, Amazia’s responsibility or liability under This Service or TOS shall be limited to charges for using This Service actually paid by you to Amazia for This Service for any reason whatsoever.

  11. Modification of Service
    1. Amazia may, in its own sole discretion and at any time, modify, interrupt, pause or terminate all or part of This Application or This Service. Amazia shall not be responsible or liable for any damages, losses or costs incurred by you as a result of such modification, interruption, pause or termination (including due to Force Majeure).

  12. Amending TOS
    1. Amazia may, in its own sole discretion and at any time, amend all or part of TOS without prior notice.
    2. Unless otherwise specified in TOS, modified TOS shall be deemed and considered to be effective at the time Amazia posts the modified TOS on This Application.
    3. Amazia shall deem and consider that you entirely and completely agree to be bound by all the terms and conditions set forth in the modified TOS at the time you use This Service by visiting This Application after the modified TOS is effective.
    4. Amazia shall not be responsible or liable for any damages, losses or costs incurred by you as result of such modification of TOS.

  13. Cancellation of Membership
    1. Amazia may immediately cancel your member registration for using This Service without any notice or the performance of any obligation in its own sole discretion if:
      • you violate any provision of TOS; or
      • Amazia deems and considers you to be unsuitable as a member of This Service, in its own sole discretion.
    2. Amazia shall not be responsible or liable for any damages, losses or costs incurred by you as a result of the cancellation by Amazia under Paragraph 13-1.

  14. Validity of TOS
    1. Even if parts of any part or provision of TOS is held to be invalid or unenforceable by applicable laws and regulations, the validity and enforceability of other parts or provisions shall not be affected thereby.
    2. Even if any part or any provision of TOS is held to be invalid or unenforceable, or rescinded in relation to any user, the validity and enforceability in relation to other users shall not be affected thereby.

  15. Response to Violation of TOS
    1. In the event that Amazia deems and considers that you violate any provision set forth in TOS or Amazia deems and considers it to be necessary for This Service, Amazia may request you to prohibit or restrict your use of This Service.:
    2. Amazia shall not be responsible or liable for any damages, losses or costs incurred by you as result of such acts of Amazia.

  16. Governing Law and Arbitration
    1. TOS shall be governed by and construed under the laws of the State of New York without giving effect to any conflict of laws principles.
    2. All disputes, controversies, or differences which may arise between you and Amazia, out of or in relation to TOS, This Application or This Service or for the breach thereof, shall be exclusively submitted for arbitration to be held in New York, New York, U.S.A. Arbitration shall be conducted by one or more arbitrators under the rules of the American Arbitration Association. Any award of the arbitrators shall be final and binding upon the parties.