Last updated on July 4, 2015
Spottoon services ("spottoon," "Service" or "Services") are provided by Rolling Story Inc. ("We," “Us,” "Our," or "Rolling Story") to you ("User" or "Users").
1. Defined Terms
“Digital Content” shall mean digitized comic books and cartoons also known as webtoons or online comics, and related digital services.
“Spottoon App” shall mean Rolling Story’s application through which you can access, use, and manage our Digitial Content or other services on one or more electronic devices (e.g, smartphones, tablets, iPhone, iPad, PC/Mac).
“Spottoon Website” shall mean www.spottoon.com.
2. User Agreement
B. In any case, you must be at least 13 years old, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of fantastic websites for you. When it comes to sites designed for pre-teen, talk to your parents about what sites are appropriate.
3. Changes to this Agreement
We may change this Agreement at any time and without prior notice to you. If the changes are material, we may notify you of such changes by posting or displaying a notice on this page or otherwise on our Service, by email, or by any other method we choose in our discretion. Changes are effective (the “Effective Date”) when the revised Agreement is made available through our Service or through any other method we choose, or at any later date specified in the revised Agreement. Your use of the Service after a change is effective will be governed by the Agreement as changed. You should review this Agreement regularly while you are connected to the Internet so that you are aware of the most current rights and obligations relating to use of the Service. The Agreement will note the effective date of each version.
5. Agreement To Deal Electronically
All transactions with or through the Spottoon Website and/or Spottoon App may, at the option of Rolling Story, be conducted electronically. Rolling Story may keep records of any type of communication conducted via the Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
6. Monitoring Password
You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Services for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Rolling Story immediately to authorize Rolling Story to deny access to the Services to anyone else presenting your password and/or phone number.
7. Limited License to Digital Content
A. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement and any applicable supplemental
terms(including, without limitation, payment of any applicable fees, including fees for Digital Content you license), we grant you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license to access the Digital Content for your personal, non-commercial use. Such license
does not confer on you any ownership interest in such Digital Content. Words such as “purchase” or “buy” (and similar terms, including all tenses), as
applied to Digital Content (including any Digital Content we make available for free), refer to the grant to you of a limited license as described herein.
B. We may, in our sole discretion, make available to you a DRM-Free Backup (“Backup”) of certain Digital Content. Backups are digital files without access control features designed to prevent you from copying the files to your computer or other compatible device. They are provided in addition to and not instead of the primary versions of the Digital Content to which they relate and will not have all of the features and functions (such as our proprietary Guided View reading mode) of the primary versions of the Digital Content. Backups are Digital Content for purposes of this Agreement, are provided solely for your personal, non-commercial use, may not be transferred to others, and are subject to all of the terms of this Agreement, except that you may copy Backups solely for your personal, non-commercial use. Backups may contain unique identifiers associating each Backup with your account and your download of the file from our Service. Those identifiers will not contain your personally identifiable information and will not be visible to you. In our sole discretion, we may limit the number of Backups that you download from our Service for each primary version of Digital Content.
8. Limitations on Use
A. You may not copy, redistribute, sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, translate, or prepare any derivative work based on the Service, or publish or otherwise make the Service available to others. You may not, and may not encourage, authorize, or assist others to, (a) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service, (b) modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content, (c) attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent, (d) attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse, (e) attempt to disguise the origin of any message or transmittal that you send to or through the Service, including by forging headers or otherwise manipulating identifiers, (f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity, (g) intercept any system data, personal information, or other data relating to the Service, (h) remove any proprietary notices or labels on the Digital Content or other components of the Service, (i) access or use the Service for any unlawful purpose, (j) take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure, or (k) use or launch any automated system, including any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other method or system that accesses, acquires, copies, or monitors any part of the Service in a manner that sends more requests to Rolling Story’s servers or other infrastructure in any period of time than a human being could reasonably produce in the same period of time by conventional manual means (provided that Rolling Story grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Rolling Story reserves the right in its sole discretion and at any time to revoke such permission either generally or in specific cases).
B. Rolling Story reserves the right to revoke your license to the Digital Content if you violate the terms of this Agreement, any applicable supplemental terms, or Rolling Story cannot lawfully continue to permit such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Digital Content or if Rolling Story or the owner or licensor of the Digital Content no longer has the legal rights necessary to authorize distribution of that Digital Content. Rolling Story may modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable before you access it but after you purchase it, your sole and exclusive remedy, and Rolling Story’s sole and exclusive obligation, is a refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the Digital Content automatically terminates the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.
C. If you are prohibited under applicable law from using the Service you may not use it.
D. Use of the Service for a commercial purpose is unauthorized and unlicensed.
9. Spottoon Website and Spottoon App
A. Use of Spottoon Website and App. You may use Spottoon Website and Spottoon 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 your Spottoon Website and/or App up-to-date, we may make available updates/upgrades to the website and/or app. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the website and/or app.
C. No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble Spottoon Website and/or 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 Spottoon Website, Spottoon App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of Spottoon App; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality
10. Intellectual Property and Other Rights
Spottoon Website, Spottoon App and/or Digital Content are owned and operated by Rolling Story. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, design, arrangement, structure, translation, interpretation, expression, and all other elements of the Service are protected by the laws of Korea and the United States and other jurisdictions 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 Rolling Story 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. Rolling Story reserves all rights not expressly granted in this Agreement.
Spotton Website may contain links to third party sites that are not under the control of Rolling Story and Rolling Story is not responsible for any content on any linked site. If you access a third party site from the Spottoon Website or Spottoon App, then you do so at your own risk. Your dealings with or participation in promotions of advertisers found on Spottoon Website or Spottoon App, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Rolling Story shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
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.
12. Fees and Payment
Certain features of the Service, such as purchasing a license to view certain Digital Content, require the payment of fees. All such fees must be paid in advance. All transactions are final and, except as expressly provided herein, Rolling Story does not issue any refunds. Rolling Story reserves the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion.
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 Services, and Rolling Story reserves the right to immediately revoke your access to the Services. Rolling story's failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of Rolling Story's rights or remedies.
14. Disclaimer of Warranties
USE OF Spottoon WEBSITE, Spottoon APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Rolling Story Inc. OR AN AUTHORIZED REPRESENTATIVE OF Rolling Story CREATES A WARRANTY, AND Spottoon WEBSITE, Spottoon APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Rolling Story 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 . Rolling Story 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. Rolling Story 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 THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
15. Basis of the Bargain and Risk Allocations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ROLLING STORY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ROLLING STORY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND ROLLING STORY. ROLLING STORY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
You agree to indemnify, defend, and hold harmless Rolling Story 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 User Postings, your violation of this Agreement or your violation of any applicable law or regulation.
17. Governing Law/Jurisdiction
This Agreement shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. Any disputes arising or related in any way to the Agreement or the Services shall be litigated or otherwise heard in Seoul, Korea. The parties hereby consent to the exclusive jurisdiction of the courts sitting in Seoul, Korea, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any mean authorized by Korea law.
18. International Usage
Spottoon Website, Spottoon App and/or Digital Content are controlled and operated by Rolling Story from its offices within Seoul, Korea. Rolling Story makes no representation that the Services are appropriate or available in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. Complete Agreement and Severability
This Agreement is the entire agreement between us and you regarding the Services 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.