Marvel Comics Powered by WEBTOON Terms of Use
Marvel Comics Powered by WEBTOON App and Marvel Comics Powered by WEBTOON Website are services provided by WEBTOON Entertainment Inc., with principal office at 222 N. Pacific Coast Highway, Suite 2300, El Segundo, CA 90245, United States, (including its affiliates, hereinafter together referred to as “WEBTOON,” “us,” or “we”), and include content WEBTOON licensed from Disney Enterprises, Inc. or an affiliate thereof (Disney Enterprises, Inc. and its affiliates, hereinafter together referred to as “Disney”). MARVEL and associated marks are used under license by WEBTOON. WEBTOON and associated marks are trademarks of WEBTOON Entertainment Inc. or its affiliates. These Marvel Comics Powered by WEBTOON Terms of Use is a contract between you and WEBTOON, and no other third party. For clarity, when you sign up and log in with WEBTOON ACCOUNT (as defined below), the WEBTOON ACCOUNT Terms apply, and these Terms govern your use of the Marvel Comics Powered by WEBTOON Services. SECTION 21 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. UNLESS OTHERWISE PROHIBITED UNDER APPLICABLE LAW, SECTION 21 AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND WEBTOON WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
1. Acceptance of the Terms of Use.
These Marvel Comics Powered by WEBTOON Terms of Use apply to your access to and use of the Marvel Comics Powered by WEBTOON App and Marvel Comics Powered by WEBTOON Website, and the webpages, platform, services or content provided or made available by WEBTOON therein or provided thereby (collectively, the “Services”). Additional terms may apply, including the WEBTOON ACCOUNT Terms of Use (when you access the Services through WEBTOON ACCOUNT) and any Additional Terms (as defined below). When you access or use the Services through WEBTOON ACCOUNT, you also agree to the WEBTOON ACCOUNT Terms of Use and acknowledge the WEBTOON ACCOUNT Privacy Policy (together, the “WEBTOON ACCOUNT Terms”). The WEBTOON ACCOUNT Terms govern your account and identity system; this Agreement governs your use of the Services. By using the Services, logging in to the Services, and/or clicking on a button on the Services indicating your consent, you hereby agree to these Marvel Comics Powered by WEBTOON Terms of Use (the “Agreement”), and you acknowledge that you have read and understand our Privacy Policy, which describes how we collect, use, disclose, and process your personal information. This Agreement constitutes the entire agreement by and between WEBTOON and you with regards to the Services. If you do not want to agree to this Agreement, you may not access or use the Services. If you are using the Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to this Agreement, and the words “you” or “your” in this Agreement includes such other person or entity. In addition, when using the Services, you shall be subject to any additional posted guidelines or rules applicable to particular services, features, or offers that may be posted from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into this Agreement. In the event of any conflict between any Additional Terms and this Agreement, the Additional Terms shall control solely with respect to the applicable service, feature or offer, and solely to the extent necessary to resolve the conflict.
2. Changes to the Terms of Use.
WEBTOON may make changes to this Agreement from time to time by posting an updated version on the Marvel Comics Powered by WEBTOON Website and/or the Marvel Comics Powered by WEBTOON App. We will attempt to provide you with notice of any changes to this Agreement that materially affect your rights by notifying you via email, offering a notification within the Marvel Comics Powered by WEBTOON Website or Marvel Comics Powered by WEBTOON App, or by updating the date at the top of this Agreement as required by law. You should also periodically review the most up-to-date version of this Agreement on the Marvel Comics Powered by WEBTOON Website and/or Marvel Comics Powered by WEBTOON App. All modifications to this Agreement will be effective immediately upon posting, and your continued use of the Services after any modification to this Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop using the Services.
3. Definitions.
a) "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 Services. b) "Marvel Comics Powered by WEBTOON Website" means www.marvelcomicsapp.com, operated and powered by WEBTOON. c) "Marvel Comics Powered by WEBTOON App" means, collectively, WEBTOON's Marvel Comics digital comics reader, storefront applications, and/or software (including any updates/upgrades to that software), operated and powered by WEBTOON through which you can: (i) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (ii) manage your account settings. d) "WEBTOON ACCOUNT" means WEBTOON's unified account and identity system, as well as the account created through that system, which you use to access multiple WEBTOON services (including the Services). For the purposes of this Agreement, "account" means your WEBTOON ACCOUNT. e) "Identity Provider" or "IdP" means a third-party or affiliate identity service used to authenticate you, such as Apple, Google, or another provider supported by WEBTOON ACCOUNT.
4. Marvel Comics Powered by WEBTOON Website and Marvel Comics Powered by WEBTOON App.
a) Use of Marvel Comics Powered by WEBTOON Website and Marvel Comics Powered by WEBTOON App. You agree to comply with any restrictions or limitations we place on your use of the Services, including with respect to the number and types of devices on which you may download the Marvel Comics Powered by WEBTOON App or register with on the Marvel Comics Powered by WEBTOON Website. With respect to the software comprising the Services, you may not (i) separate any individual component of such software for use on another device or computer; (ii) transfer such software for use on another device or computer or use such software, or any portion thereof, over a network, or (iii) sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part. To the extent you access the Services through the Marvel Comics Powered by WEBTOON Website, you may access and use the Services only through a standard web browser and in accordance with this Agreement. We cannot guarantee the Services will correctly or immediately reflect your preferences and actions in whole or part. b) Account Creation. You will need to register for a WEBTOON ACCOUNT to access some or all of the Services. Your WEBTOON ACCOUNT may allow you to sign in using an Identity Provider (e.g., Apple, Google, or other providers we support). Your WEBTOON ACCOUNT is governed by the WEBTOON ACCOUNT Terms. WEBTOON may rely on WEBTOON ACCOUNT to authenticate you and administer access to the Services. If you sign in using an Identity Provider, your use of that Identity Provider is governed by that provider's terms and privacy policy, and WEBTOON does not control that provider's system. By accessing the Services through WEBTOON ACCOUNT, you acknowledge and agree that certain information may be exchanged between (i) the WEBTOON ACCOUNT and (ii) the Services for authentication, account management, security, and service provisioning purposes, as described in our Privacy Policy and the WEBTOON ACCOUNT Privacy Policy. You are responsible for keeping your account information current and accurate, for maintaining the confidentiality of your username and password, and for all activities occurring under your account, whether authorized by you or not. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other actual or reasonably suspected breach of security that you become aware of involving your account or the Services. We will not be liable to you for any loss or damage you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by WEBTOON or others due to any unauthorized use of your username, password or account. You may not use anyone else's account at any time without the permission of the account holder. c) Updates. WEBTOON may make updates/upgrades to the Services available. If you do not download such updates/upgrades, your use of the Services may not be secure, and you may not be able to access certain features, functionality, or notices and/or you may lose access to certain features, functionality, or notices of the Services. d) No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not (i) modify, reverse engineer, decompile, reproduce, copy, or disassemble the Marvel Comics Powered by WEBTOON Website or Marvel Comics Powered by WEBTOON App or any other component of the Services or Digital Content or reduce the Services or any software or data in which the Digital Content is stored to a human-readable form, whether in whole or in part, (ii) create any derivative works from or of the Marvel Comics Powered by WEBTOON Website, Marvel Comics Powered by WEBTOON App or any other component of the Services or Digital Content, or (iii) bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Marvel Comics Powered by WEBTOON Website, Marvel Comics Powered by WEBTOON App, or any other component of the Services or Digital Content (e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality). e) Compatibility Requirements. Use of the Services requires Internet access, compatible devices, and supported software, including periodic updates to certain software. Your use of and the performance of the Services may be affected by the performance of these elements, including updates or changes outside of WEBTOON's control. f) Library Migration from Marvel Unlimited. If you were a user of the Marvel Unlimited service (provided by Marvel Worldwide, Inc. or its affiliates), you may be able to migrate your library of Marvel Unlimited to the Marvel Comics Powered by WEBTOON Services. Users will need to create a WEBTOON ACCOUNT and access the Marvel Comics Powered by WEBTOON Services and complete linking to your MyDisney account associated with the Marvel Unlimited service. No purchase of a Marvel Comics Powered by WEBTOON subscription will be required to read Marvel digital comics you purchased or redeemed in the Marvel Unlimited service. You will also be able to redeem redemption codes for digital versions of Marvel print comics purchased in comic shops via the Marvel Comics Powered by WEBTOON Services; once redeemed, these digital versions will be available to read in Marvel Comics Powered by WEBTOON Services. No purchase of a Marvel Comics Powered by WEBTOON subscription will be required to redeem these redemption codes.
5. Conditions of Use
a) Minimum Age. To register and use the Services, you must be at least eighteen (18) years old (or the age of legal majority in your jurisdiction of residence, if higher) ("Minimum Age"). The use of the Services by anyone under the Minimum Age is unauthorized and unlicensed. By using the Services, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you may not access or use the Services. We may also suspend or terminate your use of the Services if it comes to our attention that any of your representations to us are not correct. b) Number of Devices. Subject to the terms and conditions of this Agreement, you may download the Marvel Comics Powered by WEBTOON App and use it on up to four (4) compatible devices concurrently, subject to any applicable third party restrictions (e.g., Apple's Licensed Application End User License Agreement or the equivalent(s)). We reserve the right to change the number of concurrent devices permitted at our discretion. Any such changes will be made in accordance with this Agreement. c) Acceptable Use. You may not access or use, or attempt to access or use, the Services to take any action that could harm WEBTOON, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any communications you send to WEBTOON (e.g., support requests);
- ii. except as expressly set forth herein, allow any other person to use the Services under your account;
- iii. engage in unauthorized "crawling," "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
- iv. engage in any of the foregoing activities in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology;
- v. take any action that imposes an unreasonable or disproportionately large load on WEBTOON's network or infrastructure;
- vi. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- vii. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- viii. use the Services to send unsolicited communications to WEBTOON or to attempt to route users to third-party services in a manner that is deceptive, fraudulent, or violates applicable law (including through spam or phishing); or
- ix. engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in WEBTOON's sole judgment, exposes WEBTOON or any of WEBTOON's users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. WEBTOON reserves the right to investigate any suspected violation of this Agreement and may work with law enforcement authorities to prosecute users who violate this Agreement. d) Compliance with Law and Reservation of Rights. You must use the Services and Digital Content in compliance with applicable laws and you may not use the Services in any manner that may have a detrimental effect on the Services, WEBTOON, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to WEBTOON and/or its licensor(s). e) Moderation. You acknowledge and agree that we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate user activity for violations of this Agreement, existing and future policies and guidelines, and applicable law.
6. Availability of Services and Content.
a) General Availability. The availability of Digital Content may change from time to time. WEBTOON reserves the right in its sole discretion to add or withdraw any Digital Content from or in connection with the Services at any time, with or without notice, in accordance with this Agreement. Additionally, the Services or certain Digital Content may not be available at any given time, including but not limited to i) during any maintenance or update periods, ii) during any power or server outages, iii) as a result of war, riots, strikes, social unrest, iv) as a result of pandemics, epidemics or endemics, v) as a result of any government action, inaction, order, regulation, law, judicial decree, or any other interference by any local, state, national, or international authority (whether de jure or de facto), or vi) for other reasons outside of WEBTOON's control. WEBTOON will use reasonable efforts to provide you with prior notice of any anticipated unavailability; however WEBTOON shall have no liability to you in connection with such unavailability. WEBTOON reserves the right to change, modify, add to, or delete certain features, functionality or elements of the Services and/or devices or remove platforms from being able to access the Services, at any time, in its sole discretion. Your use of any updates, modifications to, or replacements of the Services shall be governed by this Agreement (as may be updated by WEBTOON in accordance with the terms hereof) and any additional terms you may agree to when you continue to access or use such update, modification or replacement version. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Services. If you are a subscriber and we suspend or discontinue your subscription to the Services for reasons other than your violation of this Agreement, we will provide you with a credit, refund, discount or other form of consideration at our sole discretion. If we terminate your account or suspend or discontinue your access to the Services due to your violation of this Agreement, you will not be eligible for any such credit, refund, discount or other consideration. b) Promotional and Experimental Features. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement version of the Services shall be governed by this Agreement and any additional terms you agree to when you continue to access or use such update, modification or replacement version. c) Offline Access. Some Digital Content may be available for temporary download for offline viewing on up to four (4) compatible devices and certain eligible plans. We may change the number of devices permitted for downloads or the number of permitted downloads for offline access, change the eligible plans for offline access, or discontinue offline access entirely, at any time due to potential licensing restrictions or for any other reasons. d) Content Subjectivity. You understand and agree that the Digital Content and the Services are intended for entertainment purposes only. Digital Content may elicit varying reactions among different people. You may come across Digital Content on the Services that you find offensive, indecent, explicit or objectionable. To the fullest extent permitted by applicable law, WEBTOON shall have no, and expressly disclaims any, responsibility or liability for your perceptions or interpretations of, or experiences relating to, Digital Content, including any determination that such content is offensive, indecent, explicit, inaccurate, misleading, or otherwise objectionable. Content titles, ratings, types, genres, categories and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that our descriptions or ratings are accurate, complete, reliable, current or error-free. Viewer discretion is advised, and you acknowledge these risks and your responsibility for making your own choices regarding the appropriateness of any Digital Content and the Services for you and your family.
7. Ownership and License.
a) Ownership of Intellectual Property. The Digital Content made available on the Services is owned by WEBTOON or its licensors. The Digital Content, the Services and all other elements thereof, including but not limited to software, visual interfaces, interactive elements, features, information, graphics, design, trademarks, service marks, branding, compilation, databases, computer code, products and the look and feel collectively constitute "Intellectual Property" protected by the laws, regulations and treaties of the United States and other countries relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, industrial design and trademark laws, as well as laws relating to data protection, telecommunications and security. WEBTOON and its licensors retain all title, rights, and interests in and to the Intellectual Property and the Digital Content, and all copies, modifications and derivative works of the foregoing, and do not transfer or assign any such title, rights or interests to you. b) Limited, Revocable License. Subject to your strict and on-going compliance with this Agreement, WEBTOON grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Digital Content solely for your personal, non-commercial use, and subject to any device, technical, or usage restrictions provided herein. This is a license agreement and not an agreement for sale. You may access the Digital Content only in geographic locations where WEBTOON offers the Services and has licensed the applicable Digital Content. The availability of Digital Content may vary by geographic location and may change from time to time. Within the Marvel Comics Powered by WEBTOON Website and Marvel Comics Powered by WEBTOON App, you may access, view or use Digital Content. For offline access via the Marvel Comics Powered by WEBTOON App, WEBTOON may permit you to download some Digital Content to a limited number of authorized devices for personal use only. Such downloaded Digital Content may be available for a limited period and may expire or be automatically deleted from such device(s) as determined by WEBTOON or upon the termination of your access to the Services. c) Limitations to License. Except as expressly permitted in writing by WEBTOON, you may not copy, redistribute, transmit, sell, rent, lease, convey, reconvey, post, perform, broadcast, assign, display, or sublicense the Digital Content, or otherwise make available the Digital Content, or any portion thereof. You may not, and may not authorize a third party to, circumvent, modify, avoid, bypass, remove, deactivate, impair or otherwise defeat any digital rights management software, encryption, rights signaling or copy protection technology used to deliver, protect, or otherwise associated with, the Digital Content or the Intellectual Property (or attempt to do any of the foregoing), and you may not edit, modify, translate or create derivative works or adaptations of the Digital Content or any other Intellectual Property. You may not reproduce the Digital Content onto any physical medium or device other than a personal device expressly authorized for download by WEBTOON. You may not remove or alter any trademark, service mark or logo or any copyright, trademark or other intellectual property notices, or any other proprietary notices or labels on or in the Digital Content or the Services. You may not use any Digital Content or the Services in an unlawful or infringing manner.
8. Subscription, Auto-Renewal, and Cooling-off.
a) Subscription and Auto-Renewal. The Services are currently offered on a subscription basis. Your subscription to the Services includes enrollment into an ongoing and recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period for the same duration as the most recently completed billing period (e.g., one month, one year, or any other term then-offered by WEBTOON). Payment will be charged to your authorized payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the instructions for cancellation set forth below. You can cancel your subscription at any time after you have signed up by following the designated cancellation instructions. Cancellation will be effective at the end of the then-current billing period. Except as required by law, fees paid are non-refundable and no credits or partial refunds will be provided for cancellation before the end of a billing period. In the event we are unable to successfully process payment using your selected payment method, access to the Services may be suspended until payment is received. b) Right of Withdrawal ("Cooling-off"). For UK users, if you sign up for a Promotional Trial, you expressly consent to us providing you with the Digital Content and the Services immediately following your sign-up and acknowledge that you lose your right of withdrawal when the Promotional Trial begins. If you don't cancel the Promotional Trial before it ends, you accept that you will be automatically enrolled onto the paid subscription immediately at the end of the Promotional Trial and you authorize WEBTOON to automatically charge you the agreed price each billing period until you cancel the paid subscription. For UK users, if you purchase a subscription with no Promotional Trial, you expressly consent to us providing you with the Digital Content and the Services immediately following your purchase and acknowledge that you lose your right of withdrawal when the subscription begins, and authorize WEBTOON to charge you automatically each billing period until you cancel.
9. Subscription Fees and Billing.
a) Subscription Fees and Payment Details. You hereby agree to pay all charges to your account, including any applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable. You agree to keep your payment information accurate and up to date at all times. If a payment is not successfully processed due to expiration, insufficient funds or otherwise, you remain responsible for any amounts not paid. Your right to use the Services is conditional upon WEBTOON's receipt of payment. Continued use of the Services after a failed payment constitutes your agreement to pay any outstanding amounts immediately upon request. If payment cannot be authorized or if a charge is refunded for any reason, including chargeback, we reserve the right to, immediately and without notice, suspend or terminate your subscription, including your access to the Services and your account. If your account is terminated for any reason, you are responsible for all charges incurred prior to termination. When accessing the Services through a mobile network, your network or roaming provider's data and other rates and fees will apply. WEBTOON is not responsible for any other charges you may incur in using the Services. b) No Refund Policy. Except as otherwise required by applicable law, all payments are nonrefundable, and no pro-rated refunds or credits will be issued for any partially used billing periods or periods of inactivity. c) Subscription Upgrade. Switching from one plan to a more expensive plan is considered to be a "subscription upgrade."
- i. For subscriptions obtained through Apple, the upgraded subscription will apply immediately and the upgraded subscription fee will be charged immediately. Any remaining balance from the prior subscription will be calculated pro-rata and refunded. For subscription upgrades during a Promotional Trial, the upgraded subscription will apply immediately with the remaining Promotional Trial days carrying over to the upgraded plan, and the upgraded subscription fee will be charged when the Promotional Trial period ends.
- ii. For subscriptions obtained through Google, the upgraded subscription will apply immediately and the upgraded subscription fee will be charged immediately. Any remaining value from the prior subscription will be added as prorated days to the end of your new subscription. For subscription upgrades during a Promotional Trial, the Promotional Trial will end immediately upon the upgrade, and the upgraded subscription and payment will apply immediately.
- iii. For subscriptions obtained through the Marvel Comics Powered by WEBTOON Website, the upgraded subscription will apply immediately and the upgraded subscription fee will be charged immediately. Any remaining balance from the prior subscription will be calculated pro-rata and refunded. For subscription upgrades during a Promotional Trial, the Promotional Trial will end immediately upon the upgrade, and the upgraded subscription and payment will apply immediately.
d) Subscription Downgrade. Switching from one plan to a less expensive plan is considered to be a "subscription downgrade." For subscriptions obtained through Apple, Google, and/or the Marvel Comics Powered by WEBTOON Website, the prior plan will apply until the next billing period. The downgraded plan will apply and the downgraded subscription fee will be charged at the next billing period. For subscription downgrades during a Promotional Trial, the Promotional Trial will be maintained throughout the Promotional Trial period. The downgraded subscription will apply and the downgraded subscription fee will be charged at the end of the Promotional Trial period. e) Price Changes. WEBTOON reserves the right to change the pricing for the Services at any time. Any price changes will take effect no earlier than the start of the next billing period. WEBTOON will provide you with advance notice of any price increases. If you do not agree to a price change, you must cancel your subscription prior to the start of the billing period in which the price change takes effect. Continued use of the Services after the price change becomes effective constitutes your acceptance of the new price. Notification of changes in applicable taxes will not be provided. You are responsible for all applicable taxes associated with your subscription. f) Subscription Billing Through a Third Party. If you subscribed to the Services via a third party (e.g., Apple's App Store or Google Play), payment for such subscription will be processed via such third party and is subject to such third party's terms in addition to this Agreement. Your billing relationship will be directly with the applicable third party. Any disputes regarding billing or payments for subscriptions managed by such third-party are between you and such third party. WEBTOON disclaims all liability arising from or related to billing or payments for subscriptions managed by a third party. It is your responsibility to manage and cancel your subscriptions through the third party if desired; WEBTOON cannot manage third-party subscriptions on your behalf. To cancel your subscription obtained via a third party, please follow the cancellation instructions set forth by the applicable third party. Payments for subscriptions obtained via a third party are subject to the third party's own refund policies, and WEBTOON is not responsible for processing or granting refunds for these subscriptions. Please refer to the third party's terms and support resources for managing your account and subscription settings, including issues related to payment failures, cancellations, and refunds. The availability of access to the Services via a third party does not represent WEBTOON's endorsement or responsibility for such party's services or offerings. Your use of third-party payment services and terms is solely at your own risk. In addition, you acknowledge and agree that WEBTOON may use third party payment processors to process payments on WEBTOON's behalf.
10. Cancelling Your Subscription.
You may cancel your subscription at any time at least 24 hours before the end of the current billing period or Promotional Trial (as defined below), as applicable, which cancellation will take effect at the end of your current billing period or Promotional Trial period; you will continue to have access to the Services until the end of your current billing period or Promotional Trial period. If you cancel your subscription during a Promotional Trial period in accordance with the terms of such promotion, then you will not be charged a subscription fee, and you will lose your access to the Services upon the expiration of your Promotional Trial period. If you signed up with and are paying your subscription fee for the Services via a third party (e.g., an app store), and wish to cancel your subscription (including during your Promotional Trial), you must do so through that third party. Steps to cancel may include visiting your account with that third party and turning off auto-renew for, or unsubscribing from, the Services through that third party. You may also find billing information about your subscription by visiting your account with the third party you are paying. Please contact that third party to find out how to cancel your subscription correctly with them. WEBTOON is not able to cancel your subscription where you have signed up through a third party and cannot issue any refunds or credits for such third-party subscriptions and WEBTOON is not responsible to you for any charges you incur where you have not cancelled with them in accordance with their processes. You are solely responsible for ensuring all steps to cancel through a third party are completed in accordance with that third party's requirements. For more information on canceling a subscription obtained through Apple, go here. For more information on canceling a subscription obtained through Google, go here. For a subscription obtained through the Marvel Comics Powered by WEBTOON Website, you can cancel via the Subscription Management function, accessible by signing in to your account on the Marvel Comics Powered by WEBTOON Website. UNDER THIS AGREEMENT, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW. NO PRORATION OR PARTIAL REFUNDS WILL BE ISSUED FOR THE UNUSED PORTION OF ANY BILLING CYCLE OR PROMOTIONAL TRIAL, EXCEPT AS REQUIRED BY LAW.
11. Promotions.
a) Promotional Trials. Your subscription to the Services may start with a free or discounted promotional trial (each, a "Promotional Trial"). The time period (e.g., one week, one month, three months, etc.), restrictions and/or other terms and conditions of your Promotional Trial are as specified upon sign-up and/or in the specific promotional offer. Availability of any Promotional Trial is not guaranteed and, if one is available, is only available on the specific terms of the Promotional Trial then being offered. WEBTOON reserves the right to modify, withdraw, or terminate any Promotional Trial at any time, with or without notice, and without liability, except as otherwise required by law. Except as otherwise expressly stated, Promotional Trials are not available to anyone who is an existing account holder of the Services during the period during which the Promotional Trial is offered. WEBTOON reserves the right, in its absolute discretion, to determine eligibility for any Promotional Trial offered in accordance with the applicable terms. WEBTOON may obtain a payment method from you upon you signing up for the Promotional Trial. Unless expressly stated otherwise in the Promotional Trial offer, your first payment or un-discounted payment, as applicable, will be charged to your chosen payment method immediately following expiration of the Promotional Trial, and we will continue to bill your chosen payment method for the subscription fee on a recurring basis, unless you cancel in accordance with the instructions for cancellation above. If you do not wish to be charged, you must cancel your subscription prior to the end of your Promotional Trial period. You can cancel your subscription at any time at least 24 hours before the end of your Promotional Trial period to avoid being charged. We provide notice of the terms of the Promotional Trial at the time you register and you may not receive a separate notice that your Promotional Trial is about to end or has ended, or that your paid subscription has begun. By participating in a Promotional Trial, you acknowledge and agree to all applicable terms, including automatic enrollment in a paid subscription at the conclusion of the trial, unless cancelled in advance in accordance with this Agreement. You can access details of your subscription, including the monthly or annual fee (as applicable) and end date of your Promotional Trial period and how to cancel via the Subscription Management function, accessible by signing in to your account on the Marvel Comics Powered by WEBTOON Website and/or Marvel Comics Powered by WEBTOON App. b) Promotional Offers. From time to time, WEBTOON may offer or otherwise make available promotional offers as a benefit in connection with your subscription to the Services, including those provided as part of a promotion with Disney. Promotional offers are governed by their associated terms and conditions. Unless expressly permitted by the terms of the offer or otherwise allowed by WEBTOON, promotional offers cannot be used more than once, redeemed for cash or combined with other offers, including a Promotional Trial. See the relevant promotion/offer terms and conditions for details. If you receive a promotional offer from a third party, additional and/or different terms and conditions may apply, and such third party is solely responsible and liable in connection with such offer. WEBTOON disclaims responsibility and liability for any third-party promotional offers, including fulfillment and validity, and you are solely responsible for compliance with the third party's terms.
12. Privacy.
a) WEBTOON respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. Our Privacy Policy is available on the Marvel Comics Powered by WEBTOON Website and/or the Marvel Comics Powered by WEBTOON App and applies to your use of the Services. Please read our Privacy Policy to understand the ways in which we collect and use your personal information. By using the Services, you acknowledge that you have reviewed and agree to the practices described in our Privacy Policy. If you use WEBTOON ACCOUNT, the WEBTOON ACCOUNT Privacy Policy also applies to the WEBTOON ACCOUNT's processing of personal information. b) If you choose to sign in through a third-party Identity Provider, that provider may collect information about you in connection with authentication, in accordance with its privacy policy. WEBTOON does not control and disclaims responsibility for such third-party providers' practices. c) WEBTOON may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by WEBTOON, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive service-related communications from WEBTOON that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods WEBTOON may determine; (ii) collect additional information regarding issues you report in your Feedback; and (iii) notify you of changes to the Services or this Agreement. In addition, subject to your consent or preferences where required by applicable law, you may receive marketing communications regarding future Marvel Comics Powered by WEBTOON programs, products or services. You may opt out or manage your preferences for marketing communications as described in our Privacy Policy, but some service-related communications are necessary for account administration and will be sent even if you opt out of marketing.
13. WEBTOON ACCOUNT; Cross-Service Access
The Services can only be accessed by setting up a WEBTOON ACCOUNT. Your WEBTOON ACCOUNT is governed by the WEBTOON ACCOUNT Terms. If there is a conflict between the WEBTOON ACCOUNT Terms and this Agreement regarding your WEBTOON ACCOUNT (including authentication and account security), the WEBTOON ACCOUNT Terms control. Access to the Services is subject to eligibility requirements (including Minimum Age). To enable sign-in and account management, the WEBTOON ACCOUNT and the Services may exchange certain identifiers and account attributes (for example, a unique user ID, email address, and age/age-verification status), as described in the applicable privacy notices.
14. Feedback.
a) Feedback. We welcome your feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback will be the sole and exclusive property of WEBTOON, and WEBTOON may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to WEBTOON any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to the Feedback. b) Unsolicited Materials. WEBTOON does not accept unsolicited materials or ideas for Digital Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to WEBTOON. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against WEBTOON and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
15. Advertisements and Third-Party Services.
a) The Services may include advertisements. Advertisements may consist of scripts, text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page). WEBTOON is not responsible for the content of any advertisements provided by any third party via the Services, or for any third party websites or applications to which such advertisements link. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services being advertised by any third party via the Services. b) The Services may contain or accept links to third party services or contents, and integrations with third party platforms, like social media sites. WEBTOON does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content and integrations. Use of any linked third-party service, content and integrations is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party services, and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss, damage or liability that may arise from your use of them. Any concerns regarding any such third-party service or resource or any link thereto, should be directed to the particular third-party service or resource.
16. Termination and Suspension.
If you are using other Downstream Services with your WEBTOON ACCOUNT, withdrawing your consent for the Services will result in the deletion of your Services-related data while retaining your WEBTOON ACCOUNT and your account ID for use with other Downstream Services. If the Services is the only Downstream Service you are using with your WEBTOON ACCOUNT, withdrawing your consent for the Services will also result in the deletion of your WEBTOON ACCOUNT. You may delete your WEBTOON ACCOUNT entirely, which will result in the deletion of your centralized identity and the cascading deletion of your account and associated data across all connected Downstream Services, including the Services. WEBTOON reserves the right to take appropriate action, including the suspension or cancellation of any Marvel Comics Powered by WEBTOON subscription if, in its discretion, it deems such action necessary. Without limiting the foregoing, you agree that WEBTOON may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services and to any Digital Content if WEBTOON believes you are using or have used the Services or Digital Content in violation of this Agreement or applicable law or regulations or of the WEBTOON ACCOUNT Terms or the Additional Terms, or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, WEBTOON may also restrict or suspend your access to the Services for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to: (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if WEBTOON reasonably believes that your WEBTOON ACCOUNT and/or your access to the Services have been created fraudulently, or have been accessed fraudulently, or anyone uses your WEBTOON ACCOUNT or your access to the Services for unlawful purposes or for other than their intended purpose. WEBTOON also reserves the right, after notice to you, to terminate any access to the Services that remains inactive for one year (failure to access the Services will constitute inactivity for purposes of this Agreement). You agree that WEBTOON will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to the Services, your WEBTOON ACCOUNT or any Digital Content. UPON TERMINATION OF YOUR ACCESS TO THE SERVICES, WHETHER TERMINATED BY WEBTOON OR YOU (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO USE THE SERVICES. VIEWING HISTORY, AND OTHER ACTIVITY LOGS MAY BE DELETED UPON SUSPENSION, CANCELLATION OR TERMINATION OF YOUR ACCOUNT. Please note that WEBTOON is not responsible for any lack of functionality or access to any part of the Services or any Digital Content, or any loss of content or data that is due to: (1) your equipment, devices, operating system or Internet connection, (2) your failure to download the most recent published version of the Marvel Comics Powered by WEBTOON App, (3) your failure to meet the compatibility requirements, including as a result of your equipment, device, operating system or Internet connection, or (4) your choice to opt-out of, or otherwise limit, restrict or prevent, our use of any information that is necessary to provide such functionality, including by your deletion of such information. In the event that WEBTOON changes or discontinues any part of the Services, you acknowledge that you may no longer be able to access Digital Content to the same extent, or at all, as you may have done prior to the change or discontinuation. In no event will WEBTOON be liable in any way for the discontinuation of the Services or any part thereof, or for the removal of any Digital Content. Your sole and exclusive remedy in the event of any removal of any Digital Content or modification to the Services is to cancel your subscription.
17. Disclaimer of Warranties.
USE OF THE SERVICES AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBTOON OR ANY REPRESENTATIVE OF WEBTOON CREATES A WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WEBTOON, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE 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 ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. WEBTOON MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. WEBTOON 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 SERVICES. WEBTOON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES 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. WEBTOON 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 WEBTOON 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. NO ADVICE OR INFORMATION OBTAINED FROM WEBTOON OR THROUGH THE SERVICES CREATES A WARRANTY OR REPRESENTATION THAT IS NOT EXPLICITLY MADE IN THIS PARAGRAPH. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS SOME OR ALL PARTS OF THE ABOVE SECTION LIMITING SUCH WARRANTIES MAY NOT APPLY TO YOU. IN SUCH CASES, THIS AGREEMENT SHALL BE INTERPRETED TO GIVE EFFECT TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
18. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBTOON AND ITS LICENSORS (INCLUDING, BUT NOT LIMITED TO, DISNEY) AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, TORT, OR ANY OTHER LEGAL THEORY RELATED TO THE MARVEL COMICS POWERED BY WEBTOON WEBSITE, MARVEL COMICS POWERED BY WEBTOON APP, DIGITAL CONTENT, OR ANY OTHER COMPONENT OF THE SERVICES, ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL OR REPUTATION, USE OF THE MARVEL COMICS POWERED BY WEBTOON WEBSITE, MARVEL COMICS POWERED BY WEBTOON 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 WEBTOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE MARVEL COMICS POWERED BY WEBTOON WEBSITE, MARVEL COMICS POWERED BY WEBTOON APP, DIGITAL CONTENT, AND OTHER COMPONENTS OF THE SERVICES IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT WEBTOON 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. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS REQUIRED BY APPLICABLE LAW, WEBTOON'S AND ITS AFFILIATES' AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID HEREUNDER. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SUCH AS 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 THAT THE REMAINING PORTIONS OF THIS AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Indemnification.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless WEBTOON, its affiliates, and its and their respective officers, directors, agents, partners, employees, and licensors from and against any losses, liabilities, claims, causes of action, demands, 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 (a) your use of or access to the Services or Digital Content; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; or (d) any claim that your use of the Services infringe, misappropriate, or otherwise violate the rights (including without limitation intellectual property, privacy, moral or other proprietary rights) of any third party. Your obligation to defend is subject to WEBTOON's right to participate in, or assume exclusive defense and control of, any matter subject to indemnification by you. You may not settle any claim without WEBTOON's prior written consent.
20. Governing Law; Disputes.
a) Access to the Services may not be legal by certain persons or in certain countries. If you are such prohibited person or you access the Services from such prohibited countries, you do so on your own initiative and are responsible for compliance with applicable local laws. b) This Agreement shall be interpreted in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Nothing in this section limits mandatory rights you may have under the laws of your country or state of residence. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. c) You agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Agreement that is not resolved by binding arbitration as provided in Section 21 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 this 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.
21. Arbitration, Class Action Waiver and Injunctions.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. UNLESS OTHERWISE PROHIBITED UNDER APPLICABLE LAW, BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. In order to expedite and control the cost of disputes, WEBTOON and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or this Agreement ("Dispute") will be resolved as follows to the fullest extent permitted by law: a) Notice of Dispute. In the event of a Dispute, you or WEBTOON must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a "Notice of Dispute"). You must send any Notice of Dispute by registered mail to WEBTOON at 222 N. Pacific Coast Highway, Suite 2300, El Segundo, CA 90245, Attention: Legal Department and also via e-mail to [email protected]. WEBTOON will send any Notice of Dispute to you by e-mail address or registered mail to your address if WEBTOON has it. You and WEBTOON will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or WEBTOON may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met. b) Mediation, Binding Arbitration and Governing Law. You and WEBTOON shall endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The place of mediation shall be Los Angeles, California. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or WEBTOON may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 21. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator shall decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of the Agreement (e.g., unconscionability). For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable JAMS rules. The place of arbitration shall be Los Angeles, California. Any court with jurisdiction over the parties may enforce the arbitrator's award. c) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor WEBTOON will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other users of the Services. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts. d) Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant's Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees. e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, WEBTOON and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. f) Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If WEBTOON files, then WEBTOON will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney's fees) from another party if the arbitrator, applying applicable law, so determines. g) Filing Period. To the extent permitted by law, any Dispute under this Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred. h) Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to this Agreement (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use to access and use the Services, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: [email protected]. i) WEBTOON AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION 21. j) Injunctions. You acknowledge that any breach, threatened or actual, of this Agreement may cause irreparable harm to WEBTOON, such harm may not be quantifiable in monetary damages, and WEBTOON may not have an adequate remedy at law. You agree that WEBTOON shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of this Agreement, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that WEBTOON post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to WEBTOON to enforce any provision of this Agreement.
22. Complete Agreement, Severability and Assignability.
This Agreement, the WEBTOON ACCOUNT Terms and any Additional Terms are the entire agreement between you and WEBTOON regarding the Services 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. This Agreement is an agreement between you and WEBTOON. No other person has any rights to enforce any of its terms. You may not assign or transfer your rights or your obligations under this Agreement to anyone else without WEBTOON's written permission. WEBTOON may freely assign or transfer its rights and obligations to a parent, affiliated, or subsidiary company, or in a reorganization or merger/acquisition.
23. Contact Information.
For help with the Services and/or Digital Content, please contact Customer Care.