Kodansha Ltd., a company registered in Japan under company registration number 501000 1002592 with its registered office at 12-21, Otowa 2-chome, Bunkyo-ku, Tokyo 112-8001, Japan (“Kodansha,” “we,” “us,” and “our”) provides the manga distribution services named “K MANGA” through its website located at
https://kmanga.kodansha.com/ (the “Website”), mobile applications (the “Apps”), and all site and mobile application-related services (collectively, the “Services”) subject to your compliance with the following terms and conditions (these “Terms of Use”).
Please note that if you are resident in the United Kingdom, the European Union, Germany or France, there may be certain additional provisions that apply to you.
If you are a resident in the United Kingdom, then please also see schedule A-1 for further terms.
If you are a resident in the European Union, then please also see schedule A-2 for further terms.
If you are a resident in Germany, then please also see schedule A-3 for further terms.
If you are a resident in France, then please also see schedule A-4 for further terms.
YOU UNDERSTAND THAT BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES.
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1. Description of the Services.
Kodansha distributes digital Japanese manga published by Kodansha and its affiliates through the Services. Users can read the manga by using the “Points” or the “Tickets” (however, some manga can be read for free without using the Points or the Tickets). The difference between the Points and the Tickets is as follows:
- “Points”: In order to view a manga episode, users must use a certain number of the Points. Users may receive the Points free of charge in the following cases (collectively, the “Free Points”):
(i). as log-in rewards for the Services, which may be awarded from time to time at Kodansha’s sole discretion;
(ii). as rewards for viewing recommended manga that may be displayed on the Services;
(iii). as rewards for viewing third-party advertisement videos displayed on the Apps; and
(iv). as rewards for purchasing the Paid Points (as defined below). Such purchases include purchases made through the Point Subscription Service (as defined in Section 5), which will be implemented as a Website-only feature;
- In addition, users may purchase Points through a method separately specified by Kodansha (the “Paid Points”). If you have both the Free Points and the Paid Points, the Free Points will be used first; and
- “Tickets”: In order to view a manga episode, users must use one (1) ticket. There are two (2) types of Tickets: (i) Tickets that can be used only for a specific title (the “Normal Tickets.” The Normal Tickets are established for each manga title, and can be reused after a certain amount of time has passed), and (ii) Tickets that can be used for all subject manga works (the “Premium Tickets”). Users may receive the Premium Tickets as log-in rewards to the Services and/or as rewards for viewing third-party advertisement videos (this feature is implemented in the App only).
For more details, please see Sections 4 through 7 of these Terms of Use.
To use the Apps your device needs to comply with the minimum requirements provided to you by the relevant app store. These will usually be set out on the page where you can download the Apps.
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2. Acceptance of these Terms of Use.
(1). By accepting these Terms of Use, you further acknowledge and confirm that: (i) you have read understand , and agree to be bound by Kodansha’s
Privacy Policy; (ii) you have the authority to enter into these Terms of Use (including all of the terms and conditions specified or referenced herein); (iii) you are eighteen (18) years of age or over, are not barred from receiving the Services under your applicable law, and are fully able and competent to enter into these Terms of Use and to abide by and comply with these Terms of Use.
(2). If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you, to prohibit you from using the Services. If you do not meet the eligibility requirements as set forth in this Section, we have no obligations to you under these Terms of Use.
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3. Account Creation.
(1). You are required to create a user account in order to (a) use the Paid Services (as defined in Section 4(1)), and/or (b) transfer your user information registered on the Website/Apps to another account (please note that there are certain restrictions on the transfer of the Paid Points. Please refer to Section 6(1) for details). When you register your information on the Services, you agree to: (i) provide accurate, current and complete information about yourself as prompted by the applicable registration form; and (ii) maintain and update your information (including your e-mail addresses) to keep it accurate, current, and complete. You authorize Kodansha, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your information. Our
Privacy Policy contains information about our policies and procedures regarding the collection, use, and disclosure of information we receive from users.
(2). You agree that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend your use of the Services.
(3). You are responsible for safeguarding and maintaining the confidentiality of your username, password, and corresponding user account information.
(4). You agree that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Kodansha of any unauthorized use of your username, password, or account.
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4. Paid Services.
(1). In general, users may enjoy the Services free of charge; however, Kodansha will provide the following paid services within the Services: (i) a subscription service that requires users to pay the prescribed membership fee (the “Point Subscription Service.” This feature will be implemented on the Website only. Please refer to Section 5 for details); and (ii) certain services that can be used by consuming the Paid Points (together with the Point Subscription Service, collectively, the “Paid Services”).
(2). If you wish to purchase the Paid Services, you will be asked by Kodansha or the third-party provider of the service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Kodansha in the manner described in our
Privacy Policy. You agree that all information that you provide Kodansha or such third party will be accurate, current and complete.
(3). You agree to pay all charges incurred by you or any users of your account and the credit card registered by the user (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
(4). Kodansha will post a notice on the Services if the membership fee for the Point Subscription Service or the price of the Paid Points offered within the Service is changed.
(5). If a dispute arises between a user and a telecommunications carrier or payment company regarding the use of the Point Subscription Service or the purchase of the Paid Points, the user is responsible for resolving the dispute, and Kodansha will not be liable for any losses resulting therefrom, except in the case of willful misconduct or gross negligence.
(6). Please see
https://kmanga.kodansha.com/article/cal-bus-and-prof-code for our legal information required to be disclosed pursuant to the California Business and Professions Code § 17538, et al.
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5. Point Subscription Service.
(1). Users may use the Point Subscription Service (which is implemented on the Website only) by paying the prescribed membership fee. In the Point Subscription Service, by paying a certain monthly membership fee, the user will receive a certain number of the Free Points as a reward in addition to the Paid Points corresponding to such fee.
(2). Point Subscription Service will be for an initial term of 1 month from the date Kodansha grants you access (see Section 5 below) (“Initial Period”) and will then automatically renew for subsequent terms of 1 month (each a “Renewal Period”) unless you notify us that you would like to cancel your subscription at least one business day before your Point Subscription Service is due to renew. If you cancel the Point Subscription Services during an Initial Period or a Renewal Period (as the case may be), then, subject to Section 5 in respect of the Initial Term, your membership fee for the Initial Period or the relevant Renewal Period will not be refunded.
(3). The Point Subscription Service will be billed at the beginning date of the Initial Period and on the first day of each Renewal Period thereafter. We automatically bill your designated payment method. In addition, we reserve the right to change the timing of our billing and/or to stop your subscription if your designated payment method has not successfully settled. However, we will notice you if the timing of the billing is changed. PLEASE NOTE THAT IF YOU CANCEL THE POINT SUBSCRIPTION SERVICES IN THE MIDDLE OF A RENEWAL PERIOD, THE MEMBERSHIP FEE FOR THAT RENEWAL PERIOD WILL NOT BE REFUNDED, PROVIDED, HOWEVER, THAT YOU MAY CONTINUE TO USE THE POINTS GRANTED UNDER THE POINT SUBSCRIPTION SERVICES BEFORE YOUR CANCELLATION.
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6. Paid Points.
(1). The Paid Points may only be used in the Services and do not create any proprietary rights. The Purchased Paid Points are not transferable between the Website and the App. In addition, since the purchase of the Paid Points for the App is processed for each platform that provides the App, the Paid Points are not transferable between different platforms (i.e., the Paid Points purchased on the App Store cannot be transferred to the App downloaded from Google Play). For the avoidance of doubt, the Free Points may be transferred between the Website and the App, as well as between different platforms of the App, provided that you are using the Services under the same registered user account.
(2). Users may not transfer, lend, pledge, or offer as collateral any purchased Paid Points to any third party, unless expressly permitted by Kodansha. In addition, Kodansha prohibits the performance, offer, or solicitation of such actions.
(3). If a user's use of the Service is suspended or ended in accordance with the provisions of these Terms of Use, the purchased Paid Points will be forfeited.
(4). The term “purchase" as used in the Services or this Terms of Use does not mean that you acquire ownership right but that you are granted a license.
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7. Third-Party Advertisements.
Users acknowledge that the App and the Website may contain content, links to other sites, and resources provided by third parties. The content, links, and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links, and other advertisements, including those on the offerwall. Kodansha does not endorse and has no control over the contents of the content, sites, or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App and the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Furthermore, Kodansha has no control over, and accepts no responsibility for, any conduct or content of any third party on the services, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
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8. Proprietary Rights in Contents on the Services.
(1). Kodansha and/or its licensors and suppliers own and retain all proprietary rights in the Services and in the information and materials provided through the Services, including, but not limited to, the characters, logos, graphics, illustrations, data, text, artwork, images, icons, software, including, but not limited to, images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Materials") provided through the Services. The Materials are derived in whole or in part from materials provided by Kodansha and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, screenshotted, captured, recorded, reproduced, republished, uploaded, posted (including pasting the URL of an image file, etc., of the Materials and displaying it embedded, etc.), transmitted, or distributed in any way, or decompiled, reverse engineered, or disassembled.
(2). The trademarks, logos, and service marks displayed on the Services (collectively, the "Trademarks") are the registered and unregistered trademarks of Kodansha, its licensors and suppliers, and others. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Kodansha, its licensors or suppliers, or the third-party owner of any such Trademarks. Unauthorized use of any Trademarks is prohibited, and Kodansha will enforce its intellectual property rights in such Trademarks.
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9. User Content.
(1). While using the Services, users may post comments, etc., on the Services (the “User Content”). By posting the User Content, you grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, transmit, distribute, translate, and otherwise modify the User Content for any purpose whatsoever, including advertising and promotional purposes. In addition, users will not exercise their moral rights with respect to the use of the User Content by Kodansha and our designees.
(2). Kodansha will have full discretion as to whether to post the User Content, in whole or in part, or to delete the User Content once posted on the Services. In addition, Kodansha will not be obliged to disclose to users the reasons for such deletion.
(3). Even if a user cancels their user registration or if Kodansha suspends the user's use of the Service, any User Content posted by the user prior to such termination will not be automatically deleted. As with any other comment, we will decide whether to post or delete it in our sole discretion.
(4). If a dispute arises between users or between a user and a third party with respect to the User Content, the user who posted such User Content will be responsible for resolving such dispute at their own expense and responsibility.
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10. Obligation of Users.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
a). Upload, post, submit, or otherwise transmit: (i) any User Content to which you do not have the lawful right to copy, transmit, or display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content), and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b). Upload, post, submit or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent, constitutes hate speech, or is otherwise objectionable in the opinion of Kodansha;
c). Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content;
d). Use any meta tags or other hidden text or metadata utilizing the Trademarks, Kodansha’s URL, or its product name;
e). Upload, post, submit, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," or any other form of solicitation;
f). Forge any TCP/IP packet header or any part of the header information or alter source-identifying information when using the Services, or in any way use the Services to send altered, deceptive or false source-identifying information. In such case, we reserve the right to block IP addresses or networks deemed to be abusing access to the Services;
h). Upload, post, submit, or otherwise transmit any User Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio, or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
i). Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Services, servers, or networks connected to the Services or the technical delivery systems of Kodansha’s providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
j). Attempt to probe, scan, or test the vulnerability of any Kodansha system or network, or breach or impair or circumvent any security or authentication measures protecting the Services;
k). Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
l). Attempt to access, search, or meta-search the Services with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Kodansha or other generally available third-party web browsers (such as Microsoft Edge, Google Chrome, Mozilla Firefox, Safari or Opera), including, without limitation, any software that sends queries to the Services to determine how a website or web page ranks;
m). Collect or store personal data about other users without their express permission;
n). Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;
o). Use the Services in any manner not permitted by these Terms of Use; or
p). Encourage or instruct any other individual to do any of the foregoing or to violate any terms of these Terms of Use.
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11. Suspension and ending of Use of the Services.
(1). If a user does not use the Services for five (5) years or more, Kodansha may suspend and/or end, the use of the Services without the permission of such user. In such case, we will not refund or reimburse any fees and costs incurred by the user in connection with the use of the Services.
(2). Kodansha may suspend and/or end a part or all of the Services without the permission of the user who commits any of the acts described in Section 10. In such case, we will not refund or reimburse any fees and costs incurred by the user in connection with the use of the Services.
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12. Contests and Sweepstakes and Other Activities.
Kodansha may operate sweepstakes, contests, and similar promotions (collectively, the "Promotions") through the Services. Promotions will be subject to separate rules and you should carefully review the rules of each Promotion in which you participate through the Services (the "Official Rules"), as they may contain additional important information about Kodansha’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will prevail.
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13. Changes to these Terms of Use and the Services.
(1) Kodansha reserves the right to change or update these Terms of Use, in any of the following cases:
- where the change or update to these Terms of Use is in the general interests of Users; or
- where the change or update to these Terms of Use (i) does not conflict with the purpose of the contract with Users, and (ii) the necessity of the change or update, the appropriateness of the content after the change or update, and other circumstances related thereto are reasonable.
(2) When Kodansha changes or updates these Terms of Use in accordance with the preceding paragraph, we will post the changed or updated terms and conditions and its effective date on the Website and/or the Apps and notify you. You agree to review these Terms of Use periodically.
(3) Kodansha reserves the right to change or discontinue the Services, in whole or in part (for discontinuation, subject to at least sixty (60) days prior notice to users). If the content or expression of the manga data that has been distributed is changed, users may view the data by deleting the downloaded manga data and downloading it again.
(4) Kodansha will not be liable for any losses resulting from any change or discontinuation of the Services.
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14. Disclaimer and Limitation of Liability.
(1). THE SERVICES, MATERIALS, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. KODANSHA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, MATERIALS, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, KODANSHA MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, MATERIALS OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(2). UNDER NO CIRCUMSTANCES WILL KODANSHA OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, MATERIALS, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY USER, ONLINE OR OFFLINE, WHETHER OR NOT KODANSHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KODANSHA’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. KODANSHA WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SERVICES OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU.
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15. Governing Law and Jurisdiction.
(1). These Terms of Use are governed by and construed in accordance with the laws of Japan, without giving effect to any conflict of law principles.
(2). Any disputes regarding these Terms of Use will be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for the first instance.
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16. Miscellaneous.
(1). If a court finds part of these Terms of Use illegal, the rest will continue in force: In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
(2). Even if we fail or delay in enforcing these Terms of Use, we can still enforce it later: The failure of a party to enforce any rights or provisions of these Terms of Use will not be deemed a waiver of such rights or provisions.
(3). Assignment / transfer of these Terms of Use: You may not assign or transfer these Terms of Use without the prior written consent of Kodansha, and any prohibited assignment will be null and void. We may transfer, assign, or delegate these Terms of Use and its rights and obligations to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
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17. Contact Information.
If you have questions, comments or concerns (including any complaints) about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Services, please contact Kodansha via the
inquiry form.
With regard to Article 3 (1), you confirm again that you authorize Kodansha, directly or through third parties, to make any inquiries Kodansha consider necessary or appropriate to verify your information when creating an account.
Section 9. (2) and (3) are replaced in their entirety with the following
(2). Your User Content may not (i) violate applicable laws or (ii) these Terms of Use (in particular the rules in Section 10). Otherwise, Kodansha reserves the right to take action against such User Content, even if the User Content is not proactively monitored. Kodansha reserves the right to moderate User Content in any of the following ways (as it deems appropriate in each case)
• Deletion of User Content;
• Blocking of User Content;
• Editing User Content;
• Temporarily or permanently disabling functionalities that allow the user to post new User Content;
• Termination of the account in accordance with Section 11 (2). of the Terms of Use.
(3). Kodansha may become aware of unwanted User Content through random checks carried out manually or mechanically. In addition, users and authorities who consider certain content to be unlawful can submit it for review by the provider via a reporting function. These reviews are carried out by Kodansha’s employees or vicarious agents.
(4). You may delete your User Content at any time. If you want to terminate your account, please delete User Content that you want to be removed before the termination. The User Content is not deleted automatically.
(5). If you become aware of User Content that appears to violate these Terms of Use or any applicable laws, you may report such User Content via Kodansha’s reporting function.
Section 10. b) is rephrased as follows:
b). Upload, post, submit or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent, constitutes hate speech, or is otherwise objectionable;
In Section 11, the following paragraph shall be added:
(3). The user may terminate the agreement at any time. If the user has ongoing subscriptions, the termination will take effect at the next possible end of the subscription. Kodansha may terminate the agreement with a notice period of ninety (90) days. The User is free to spend any remaining Points until the termination takes effect.
Section 13 is replaced in its entirety with the following:
13. Changes to these Terms of Use and the Services.
(1). Kodansha reserves reserve the right to change these Terms of Use for the future, if and to the extent such changes are necessary (i) due to the implementation of statutory requirements, (ii) changes in supreme court rulings, and (iii) the elimination of interpretation doubts due to regulatory loopholes or ambiguities. Such changes will not affect Kodansha’s or your primary contractual obligations hereunder. If the contractual balance between you and Kodansha is significantly disturbed by the amendment and if the amendment becomes unreasonable for you, as a result, the changes shall not be made. Kodansha will inform you of any proposed modification of these Terms of Use, provide you with the proposed new version of these Terms of Use and notify you of the date when the new Terms of use will be implemented. Any change is subject to a prior written notice of six weeks (e-mail sufficient). If you do not expressly refuse the respective modification within six weeks from the date on which the new Terms of Use are implemented, you are deemed to have approved the modification of these Terms of Use. In the aforementioned notice of the proposed changes, Kodansha will inform you expressly and specifically about the right to object within the six week period and the consequences of not expressly refusing the proposed changes.
(2). Kodansha reserves the right to further develop and amend the Services beyond what is necessary to maintain conformity under your statutory warranty rights as EU consumer, if this is necessary due to legal, contractual and licensing obligations, due to technical improvements or to enhance their functionality, safety or overall user experience. You will be notified about planned modifications in a reasonable manner. These modifications are provided free of charge.
Section 14. (1). is replaced in its entirety with the following:
Without prejudice to any rights you may have in relation to our Services, in particular under the Digital Content and Services Directive (Directive 2019/770/EU) and its national implementing legislation, Kodansha makes no other express warranties.
The following paragraph is added to Section 15:
(1a). As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use, including this Section 15, affects your rights as a consumer to rely on such mandatory provisions of local law.
The following Exhibit is added to the Terms of Service:
With respect to residents of Germany, the following additional terms apply:
Section 2. (1). (i) is deleted.
Section 2. (2). is replaced in its entirety with the following:
If you do not meet the eligibility requirements set forth above, we reserve the right to terminate this contract between you and us.
Section 3. (4). is replaced in its entirety with the following:
You are responsible for any and all activities or actions that occur under your account because you are at fault for not adequately safeguarding and maintaining the confidentiality of your username, password, and corresponding user account information. You agree to immediately notify Kodansha of any unauthorized use of your username, password, or account.
In Section 4. (4)., the following paragraph shall be added:
Such notices do not apply to on-going subscriptions. You are free to accept the changed service fees upon offer by Kodansha. Kodansha is free to terminate the subscription in accordance with Section 5. of these Terms of Use.
Section 4. (6). is deleted.
Section 6. (3). is deleted.
Section 9. (1) is replaced with the following:
While using the Services, users may post comments, etc., on the Services (the “User Content”). By posting the User Content, you grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual right to use, reproduce, transmit, distribute, translate, and otherwise modify the User Content for advertising purposes, including general electronic, offline, and social media advertising, to promote the recognition of manga or increase sales of our Services.
Section 9. (4) is deleted.
Section 11. (1). is replaced in its entirety with the following:
If a user does not use the Services for five (5) years or more, Kodansha may terminate this agreement. Kodansha will notify you of any termination due to inactivity and give you the opportunity to log in to your account within a reasonable period of time so that no termination will take place. Please note that you may lose your Paid Points in case of a termination.
Section 11. (2). is replaced in its entirety with the following:
Kodansha may suspend parts or all of the Services or terminate the agreement if the user violates these Terms of Use (in particular any of the acts described in Section 10). In such a case, Kodansha will not refund or reimburse any fees and costs incurred by the user in connection with the use of the Services. Kodansha will give the user a prior warning before issuing a notice of termination for a violation, unless the violation is so serious that a prior warning is not required.
The last paragraph of Section 13. (“Kodansha will not be liable for any losses resulting from any change or update of these Terms of Use and the Services”) is deleted.
Section 14. (2). is replaced in its entirety with the following and the following paragraphs are added:
(2). Subject to the following paragraphs in this Section, your claims for damages are limited. Excluded from this limitation are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (Cardinal Obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Kodansha. Cardinal Obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(3). In the event of a breach of Cardinal Obligations, Kodansha shall only be liable for the foreseeable damage typical of the contract if this has been caused by ordinary negligence, unless your claims for damages are based on injury to life, limb or health.
(4). The limitations set out above also apply in favor of the legal representatives and vicarious agents of Kodansha if claims are asserted directly against them.
(5). The limitations of liability set out above shall not apply if Kodansha has fraudulently concealed a defect in our Services or has assumed a guarantee for the quality of these. The same shall apply if Kodansha and you have reached an agreement on the condition of the Service in question. The provisions of the Product Liability Act remain unaffected.
Section 16. (1). is replaced in its entirety with the following:
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this agreement remain in full force and effect.
The following is added to Section 16. (3).:
Notwithstanding the above, any transfer or assignment of this agreement is only admissible if we have your consent to do so.
With respect to residents of France, the following additional terms apply:
The preamble is replaced with the following:
Kodansha Ltd., a company registered in Japan under company registration number 501000 1002592 with its registered office at 12-21, Otowa 2-chome, Bunkyo-ku, Tokyo 112-8001, Japan, email address: support@kmanga.kodansha.com, Tel: +81339451111 (“Kodansha,” “we,” “us,” and “our”) provides the manga distribution services named “K MANGA” through its website located at
https://kmanga.kodansha.com/ (the “Website”), mobile applications (the “Apps”), and all site and mobile application-related services (collectively, the “Services”) subject to your compliance with the following terms and conditions (these “Terms of Use”).
Section 2. (1) is replaced by the following:
(1). By accepting these Terms of Use, you further acknowledge and confirm that: (i) you have the authority to enter into these Terms of Use (including all of the terms and conditions specified or referenced herein); (ii) you are eighteen (18) years of age or over, are not barred from receiving the Services under your applicable law, and are fully able and competent to enter into these Terms of Use and to abide by and comply with these Terms of Use.
Section 2. (2) is replaced by the following :
If you do not meet the eligibility requirements set forth above, we reserve the right to prohibit you from using the Services and terminate the contract with immediate effect.
In Section 4. (4), the following paragraph shall be added:
Such notices do not apply to on-going subscriptions. You are free to accept the changed service fees upon offer by Kodansha and you will be entitled to terminate the Services if you do not agree with the changes made to the Terms of Use.
Section 4. (6) is deleted.
The following paragraph is added to Section 7.:
You are informed and acknowledge that Third-Party Advertisements and the use of your data may result in an advantage for us and is part of our business model.
Section 9. (1) is replaced by the following:
While using the Services, users may post comments, etc., on the Services (the “User Content”). By posting the User Content, you grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual right to use, reproduce, transmit, distribute, translate, and otherwise modify the User Content for any purpose whatsoever, including advertising and promotional purposes. In addition, you hereby acknowledge that any moral rights, in particular any right of paternity, under applicable law cannot be granted to you, for technical and practical reasons due to the characteristics of the service in which they will be included. The license granted to Kodansha survives any termination or revocation of these Terms of Use.
Section 11. (1) is deleted.
Section 13. (1) as amended by Schedule A-2 is modified as follows:
(1) Kodansha reserves reserve the right to change these Terms of Use for the future, if and to the extent such changes are necessary (i) due to the implementation of statutory requirements, (ii) changes in supreme court rulings, and (iii) the elimination of interpretation doubts due to regulatory loopholes or ambiguities. Such changes will not affect Kodansha’s or your primary contractual obligations hereunder. If the contractual balance between you and Kodansha is significantly disturbed by the amendment and if the amendment becomes unreasonable for you, as a result, the changes shall not be made. Kodansha will inform you of any proposed modification of these Terms of Use, provide you with the proposed new version of these Terms of Use and notify you of the date when the new Terms of use will be implemented. Any change is subject to a prior written notice of six weeks (e-mail sufficient) and must be accepted by the user. You will be entitled to terminate the Services if you do not agree with the changes made to the Terms of Use.
The last paragraph of Section 13. (“Kodansha will not be liable for any losses resulting from any change or update of these Terms of Use and the Services”) is deleted.
The following paragraph is added to Section 14.(2).
The above limitations and exclusions apply to the extent permitted by French laws and regulations and French Courts’ case-law.
The following paragraphs are added to Section 15, as amended by Schedule A-2:
(3) In the event of a dispute, only the French version of the present Terms of Use shall be deemed binding.
(4) In case of any difficulty in the interpretation or performance of the Terms of Use, you may first, before any legal action, seek an amicable settlement contacting Kodansha customer support: support@kmanga.kodansha.com
(5) In case of failure to resolve the dispute, either party may bring the matter before the competent jurisdiction.
(6) In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link:
https://webgate.ec.europa.eu/odr/ .
(7) If the parties fail to reach an amicable solution, the dispute shall be referred to the competent jurisdiction.
The following sections are added to the Terms of Use:
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18. Interoperability and software installation restrictions
Interoperability with other platforms or applications is not assumed, and there are no special restrictions on the installation of specific software. However, we do not guarantee the operation of the Services when you utilize browser extensions.
Please note that when you utilize the share function, you may have to agree to the terms of use and privacy policies of each service (e.g., Facebook, X, Instagram, etc.) to which the content you share.
19. Minimum levels of service quality
The quality of the display of the Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. No minimum service quality level is offered in the Services.
20. Updates
(1) We may from time to time update the Services. Subject to the Terms of Use, you will be informed of the update(s) upon reasonable notice. If the update is necessary to maintain the conformity of the Services, you will be informed of the consequences of their non-installation by you within a specific period of time, if any. You acknowledge that in no event shall Kodansha be liable for any defect or lack of conformity of the Services if you do not install the update(s) within such specific period of time and if the defect or lack of conformity is the result of the non-installation by you of the update(s).
(2) If the update is not necessary to maintain the conformity of the Services you will be informed of your right to refuse the update or to uninstall it, if the update has a negative impact on your access to or use of the Services.
(3) In such case, the Terms of Use may be terminated at no cost for you, within a maximum period of thirty days, unless the update has only a minor impact on you.
21. Guarantees
(1) If you are a resident of France, you are entitled to the implementation of the legal guarantee of conformity in the event of a lack of conformity during the entire duration of the contract, starting with the supply of the digital content or service and for a period of two (2) years after the termination of the contract. During this period, you are only required to establish the existence of the lack of conformity and not the date of its appearance.
(2) The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or service for two (2) years.
(3) The legal guarantee of conformity gives you the right to have the digital content or service brought into conformity without undue delay following your request, at no cost and without major inconvenience to you.
(4) You may obtain a reduction in price by keeping the digital content or digital service, or you may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or digital service, if:
(i). Kodansha refuses to bring the digital content or digital service into compliance;
(ii). The digital content or service is unreasonably delayed in coming into conformity;
(iii). The digital content or digital service cannot be brought into conformity without incurring costs for you;
(iv). The compliance of the digital content or service causes significant inconvenience to you;
(v). The digital content or service is still not in conformity despite Kodansha’s unsuccessful attempt to bring it into conformity.
(5) You are also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, you are not required to request that the digital content or service be brought into conformity beforehand.
(6) In cases where the lack of conformity is minor, you are only entitled to rescind the contract if the contract does not provide for payment of a price.
(7) Any period of unavailability of the digital content or digital service for the purpose of restoring its conformity suspends the warranty that remained until the digital content or digital service was supplied in conformity again.
(8) These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
(9) A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).
(10) You also benefit from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two years from the discovery of the defect. This warranty entitles you to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.