SECTION 17 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. IF YOU LIVE IN OR IF THE PRINCIPAL PLACE OF YOUR BUSINESS IS IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
- Thank you for using the Services provided by GAMEDEX Inc. (together referred to as the “Company” or “We”).
- Please read all of the Agreement posted on the DEXTOONS Website or DEXTOONS App carefully before using the Service. This Agreement shall govern in the event of a conflict between the terms of this Agreement.
- In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
- The Company may at any time amend this Agreement by publishing amended versions on the DEXTOONS Website and/or the DEXTOONS App. You accept that by doing this, the Company has provided you with sufficient notice of the amendment. Although we will do our best to notify you of any major changes to the Agreement, you should also periodically review the most up-to-date version of the Agreement on the DEXTOONS Website and/or DEXTOONS App.
- A) "Dex Coin(s)" refers to the virtual currency that may be purchased by you to access certain content offered by the Service.
- B) "Event Coin(s)" refers to the virtual currency that may be earned from participating events offered by the Service.
- "Digital Content" means webcomics, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service.
- "DEXTOONS Website" means www.dextoons.com
- "DEXTOONS App" means, collectively, the Company’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.
4. Digital Content and Limited License Term
- A. Digital Content. You understand and agree that the DEXTOONS Website and DEXTOONS App are owned by the Company. The Digital Content provided on the Service is owned by the Company or licensed by the copyright owner to the Company. The DEXTOONS Website, DEXTOONS App, and Digital Content are protected by the copyright laws of relevant countries, as well as other intellectual property laws and treaties. The Company does not transfer any title, right or interest to or in the DEXTOONS Website, DEXTOONS App and/or Digital Content to you.
- B. Use of Digital Content. Upon your download and/or use of Digital Content, the Company grants you a limited, non-exclusive and non-transferable, non-sublicensable, revocable license to access, view, download, and use such Digital Content, and solely for your personal, non-commercial use consistent with the terms of this Agreement. The license does not confer on you any ownership interest in such Digital Content. Within the DEXTOONS Website and DEXTOONS App, you may access, view or use Digital Content and/or within the DEXTOONS App, you may download Digital Content onto only one device which will be maintained for up to thirty (30) days and such Digital Content shall be automatically deleted after thirty (30) days. Digital Content is licensed to you by the Company; not sold, transferred, or assigned to you.
- C. Limitations. Unless otherwise stated in writing by the Company, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content up to a thirty-day period), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
5. DEXTOONS Website and DEXTOONS App
- A. Use of DEXTOONS Website and DEXTOONS App. You may use the DEXTOONS Website and DEXTOONS App, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
- B. Updates. In order to keep the DEXTOONS Website and/or DEXTOONS App up-to-date, the Company may make available updates/upgrades to the DEXTOONS Website and/or DEXTOONS App. If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the DEXTOONS Website and/or DEXTOONS App.
- C. No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the DEXTOONS Website and/or DEXTOONS App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the DEXTOONS Website and/or DEXTOONS App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the DEXTOONS Website and/or DEXTOONS App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
- A. Users' Age Limit. You must be at least sixteen(13) years old (or equivalent minimum age depending on your jurisdiction) ("Minimum Age"), or otherwise have parent or guardian consent consistent with the laws of your jurisdiction. The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed without valid parent or guardian consent. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Service.
- If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement.
- The Company neither intentionally nor unintentionally collects information from users under the age of 13 or Minors in cases where Representatives have not consented to the use of the Service by a Minor. However, if a Representative identifies that a Minor has provided us with personal information without the correspondent Representative’s permission, Representative should contact the Company at Customer Support. Upon Representative’s request, Company will delete any personal information of such Minor without any further recourse from the Representative. The Representative will fully indemnify and release the Company from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such Minor to the Company.
- B. Compliance with Law and Reservation of Rights. You must use the DEXTOONS Website, DEXTOONS App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to the Company.
- We do not knowingly collect personal information from users under the age of 13 without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 13 may have provided personal information without their consent should contact us at Customer Support. In such a case, we will take necessary actions to delete the personal information of users under the age of 13.
8. Intellectual Property and Other Rights
- The Service is owned and operated by the Company, and Digital Content is licensed by the copyright owner to the Company. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the Republic of Korea 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 Digital Content and the Service, including intellectual property rights herein 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 Digital Content except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement.
- The Company may provide its own advertisements or any third parties’ advertisements to you online or offline, including but not limited to, on the DEXTOONS Website and/or DEXTOONS App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third party advertiser’s products or services. Advertisements may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
10. PURCHASING & REDEEMING COINS
- Some of the aspects of Service may include content that require redeeming Coins. You may access such content by purchasing Dex Coin and/or earning Event Coins. You do not own the Coins regardless of whether you have "purchased" and/or "earned" them. Furthermore, Coins do not hold any "real world" value. You are granted a limited, non-transferable, revocable, non-exclusive license for personal use of the Coins to access certain content related to the Services.
- A. Coins will be provided to you by the means specified by the Company such as purchases, special offers, and the like. Details regarding the payment methods, units, and all other conditions regarding Coins will be decided by the Company and displayed accordingly on the Service.
- B. Coins cannot be exchanged or be used for any other purpose other than to access certain content offered by the Service. Company reserves the right to change the purchase price for the Coins at any time, and the number of Coins required for accessing the content will be determined by the Company from time to time and displayed accordingly on the Service.
- C. Coins may only be used by the account that purchased and/or earned them. Furthermore, Coins cannot be transferred between devices running on different operating systems even if used under the same account, and it also cannot be used across different content languages. For the avoidance of doubt, Coins purchased from an account using iOS system to access content in English cannot be used from an Android system to access Spanish content (even if using the same account).
- D. You agree that all Coin sales by the Company to you are final and will not be refunded for any reason unless required by applicable laws. If required by applicable law, the Company shall process refunds in accordance with the relevant laws.
- E. Company may from time to time offer promotional Coins that you do not pay for, including any Coins we offer you in connection with your download and/or purchase of the DEXTOONS App or other products, your use of the Service, or any other promotional activity ("Event Coins"). Event Coins may expire after a certain period of time, which Company shall designate from time to time. When you use Coins to redeem content, any Event Coins you have in your account will be applied first, followed by your purchased Dex Coins.
- F. You are not allowed to transfer Coins outside of the Services (e.g. selling, gifting, or trading them), nor sublicense, trade, sell, or attempt to sell Coins for real money, or exchange Coins for value of any kind outside of the Services. Any such transfer is prohibited and void.
- G. Upon one (1) month prior notice to you, we may, for business or technical purposes, discontinue the usage of Coins from our Service. In such an event, all unused Coins will expire immediately on the specified discontinuance date.
- H. For iOS Users Only: Coins may be purchased without logging into an account. However, if you choose to purchase and/or use Coins without logging into your account, the purchased Coins and unlocked episodes (“Purchased Items”) will only be stored on your device. This means you will not be able to transfer Purchased Items to another device, and in the event you delete the DEXTOONS App from your device, all Purchased Items will be deleted permanently and cannot be restored even if the DEXTOONS app is reinstalled.
11. Suspension of Access
- We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
- Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or Digital Content, and the Company reserves the right to immediately revoke your access to the Service and/or Digital Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
13. Disclaimer of Warranties
- USE OF THE DEXTOONS WEBSITE, DEXTOONS APP AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE DEXTOONS WEBSITE, DEXTOONS APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 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 SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES 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.
14. Limitation of Liability
- TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE DEXTOONS WEBSITE, DEXTOONS APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE DEXTOONS WEBSITE, DEXTOONS APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 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 SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE DEXTOONS WEBSITE, DEXTOONS APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.
- 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.
- IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF COINS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE COINS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your violation of this Agreement, or your violation of any applicable law or regulation.
16. Geographic Restrictions and Governing Law; Disputes
- We provide the Services for use by persons located in Europe. If you live in the European Union, you can access the European Commission’s online dispute resolution platform from here :https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- We make no claims that the DEXTOONS Website or DEXTOONS App, or any of the Service is accessible or appropriate outside of Europe. Access to the DEXTOONS Website or DEXTOONS Services may not be legal by certain persons or in certain countries. If you access the DEXTOONS Website or DEXTOONS App from outside of Europe, you do so on your own initiative and are responsible for compliance with local laws.
- You agree that all matters relating to the DEXTOONS Website, DEXTOONS App, and the Agreement, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Agreement shall be instituted exclusively In the federal courts of the United States or the courts of the State of California, in each case located In the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
17. Arbitration and Class Action Waiver
- At Company's sole discretion, it may require you to submit any disputes arising from the Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Where permitted under applicable law, you agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
18. Complete Agreement and Severability
- The Agreement is the entire agreement between you and the Company regarding the Service and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
- We may amend any of the terms of the Agreement in our sole discretion by posting the amended Agreement on the DEXTOONS Website and/or DEXTOONS App. Your continued use of the Service and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
20. Contact Information
- For help with the Service and/or Digital Content, please contact Customer Service at Customer Support
This Agreement is effective from November 1, 2021 (effective immediately for new users).