Term of Use / 服務條款
1. ACCEPTANCE. This WaCowny website (the “Site”) contains content that is provided as a service to users who agree to abide by the following terms (the “Terms”). BY USING AND/OR VISITING THE SITE IN ANY WAY (including all content available through the “wacowny.com” domain name or Site), YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS, WHICH ARE PUBLISHED AT https://wacowny.com/term-of-use/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. It is your responsibility to review these Terms periodically, and if at any time you find the Terms unacceptable, you must immediately leave the Site and cease all visitation or use of the Site.
3. SITE ACCESS. A. Wacowny hereby grants you permission to use the Site as set forth in the Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Wacowny’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the Terms.
B. In order to access some features of the Site, you will have to create an account. When opening an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide an e-mail and password. You are entirely responsible for the activity that occurs on your account and for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Wacowny immediately if any unauthorized use of your account, user name, or password occurs. Wacowny shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Wacowny servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Wacowny grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wacowny reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
4. USER CONTENT. A. The Wacowny Website may now or in the future permit the submission of manga or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Wacowny does not guarantee any confidentiality with respect to any submissions. You grant Wacowny a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Wacowny, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use in connection with the operations of Wacowny, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wacowny to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting, posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content to Wacowny, you hereby grant Wacowny, its affiliates, officers, directors, employees, consultants, agents and representatives a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, transmit, publicly display, publicly perform, edit, translate, reformat, prepare derivative works of User Submissions in connection with the Site and Wacowny ‘s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Wacowny Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms. The foregoing license granted by you terminates once you remove or delete a User Submission from the Wacowny Website.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
A. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or e-mail. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
B. The content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Wacowny, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wacowny reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Wacowny Website or the Content therein.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Submit all DMCA notifications to Wacowny’s designated Copyright Agent via email to [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Wacowny customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. To ensure that Wacowny provides a high quality experience for you and for other users of the Site and the Service, you agree that Wacowny or its representatives may access your account and records on a case- by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Wacowny does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Wacowny reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Wacowny believes that you have violated any of the Terms, furnished Wacowny with false or misleading information, or interfered with use of the Site by others.
E. You understand that when using the Wacowny Website, you will be exposed to User Submissions from a variety of sources, and that Wacowny is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wacowny with respect thereto, and agree to indemnify and hold Wacowny, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Wacowny permits you to link to materials on the Website for personal, non-commercial purposes only. Wacowny reserves the right to discontinue any aspect of the Wacowny Website at any time.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Wacowny reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Wacowny intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
7. LIMITATION OF LIABILITY / WARRANTY DISCLAIMER. A. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. To the fullest extent permitted by law, Wacowny, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Wacowny makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site.
IN NO EVENT SHALL Wacowny, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (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 Site, (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 Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) 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 Site, 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. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
B. Wacowny DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and Wacowny 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.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT Wacowny SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. PROHIBITED USES. Wacowny imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Wacowny in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
9. INDEMNITY. You agree to defend, indemnify and hold harmless Wacowny, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Wacowny Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
10. ABILITY TO ACCEPT TERMS. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
11. ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wacowny without restriction.
14. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Wacowny or by any third party.
15. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
16. COPYRIGHT. All contents of Site are: Copyright © 2016 wacowny.com, all rights reserved.