Terms of Service

Terms and Conditions

Acceptance

1. By using the Komikko site, including its related sites, either by third-party applications software or hardware (the “Site”), or service provided to you by Komikko (collectively the “Services”) you denote that you have read and understood, and signify your agreement to (A) these terms and conditions (the “Terms of Service”)  and (B) our Privacy Policy. If you are using our Services on behalf of a business, that business accepts these terms.

2. Komikko will attempt to notify you of any major changes to the Terms of Service by e-mail to the e-mail address you provided during the registration, or by a general notice on the Komikko Web site, or by written communication delivered by first class PH mail or express courier to your address on record in the Komikko account information, but please review them often so you can be informed of any changes made. The most current version of these Terms of Service can be accessed at any time by selecting the Terms of Service link on the bottom of the Site. Komikko reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Any such revision or change will be binding and effective immediately upon posting. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

3. You agree that you will hold harmless the Komikko owners/stockholders, directors, officers, employees, authors, contributors and volunteers from all claims or damages whether actual or indirect, incidental, consequential, special, or exemplary damages or lost profits, arising out of or related to your access or use of, or inability to access or use, this Site or the information contained in this Site or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site or another website to which it is linked that appear to you or are construed by you to be a violation of you property rights, or obscene, offensive, defamatory, or that infringe upon your intellectual property rights.

4. You may not assign, transfer or delegate these Terms of Service or the Privacy Policy or any part of them without Komikko’s prior written consent. Komikko may freely transfer, assign or delegate all or any part of these Terms of Service and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Service and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. By accepting these Terms of Service, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy, which is incorporated herein and made part of these Terms of Service by reference.

Ability To Accept Terms Of Service

1. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor of whom you are a parent or legal guardian, to agree to these Terms of Service, register for the Komikko Services under your own name and to use the Komikko Services in accordance with this Terms of Service and abide by the obligations hereunder.

2. You affirm that you are 18 years old or older, as the Services are not intended for people under the age of 18.

Komikko User Accounts

1. You expressly acknowledge that you voluntarily registered in the Site without force from anyone and not as a result of a spam message or any similar form of advertising.

2. You agree to fully, accurately and truthfully create your Komikko Account, including, but not limited to, your name, mailing address, phone number, email and password, which become your Komikko credentials.

3. Your Komikko credentials are personal to you and you are solely responsible for maintaining the confidentiality of such, and for all activities that occur under such. You agree to prohibit anyone else from using your Komikko username and credentials. You will not allow another person or entity to use your account, username or password to access or use the Services, including posting or viewing comments.

4. You agree to immediately notify Komikko of any actual or suspected unauthorized use of your Komikko credentials, or other security concerns of which you become aware.  

5. Komikko will not be liable for your losses caused by any unauthorized used of your account. However, you shall be solely and fully responsible for any damage to Komikko and its services or any computer system, any loss of data, or any improper use or disclosure of information on the Services caused by you or any person using your username or password.

6. Komikko may contact you by telephone, mail or email to verify your Komikko Account information. Komikko may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, Komikko reserves the right to suspend, discontinue or deny your access to and use of the Site and Services until the information is provided to Komikko as requested.

7. It is your responsibility to update Komikko as promptly as possible with changes to your personal information so that all records are current, accurate and complete. At any given time, you may be notified that information may be available for your review that is considered time-sensitive, such as those related to the payment process. Please keep this in mind when indicating your e-mail address, which serves are our primary means of contacting you. If you are a contributing author to the Site, you are obliged to provide us the following information:

• Changes in e-mail address

• Change of address

• Change of phone number

• Change of ownership of account

• Change of credit card account

• Change of banking information

• Change of credit card expiration date

• Change of timezone

• Change of linked social accounts such as Facebook or Google+

8. All user-specific information provided by you in connection with Services shall be governed by the Komikko Privacy Policy. As part of these terms and conditions, you acknowledge that you understand, have read and accept all terms and conditions contained within the Komikko Privacy Policy. Komikko reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for your account on the Komikko system.

General Usage

Komikko hereby grants you permission to access and use its Services as set forth in these Terms of Service provided that:

1. You do not modify or alter any part of the Services.

2. You expressly agree to respect the copyright, trademark, service mark or other intellectual property of the owner of this Site including all other proprietary rights as to the content, organization, design, process, compilation and the likes, and shall not use, copy, reproduce or publish without the written consent of the owner.

3. You agree that you shall not post or transmit any material which violates or infringes in any way upon the rights of Komikko and of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the owner’s express prior approval, contains advertising or any solicitation with respect to products or services.

4. In order to determine your compliance with these Terms of Service, Komikko reserves the right, but without obligation, to monitor your access to and the use of the site and the Services. Komikko may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for noncompliance with these Terms of Service. Komikko likewise shall have the right to verify your identity, with or without cause, for your own security.

5. You agree that you will not use the Site or Services in any unlawful way or for any unlawful purpose. You agree not post or transmit a message under a false name, or use the network resources of Komikko for any illegal action, impersonate another person or misrepresent authorization to act on behalf of others or Komikko. All messages transmitted via Komikko should correctly identify the sender. You agree not alter the attribution of origin in electronic mail messages or postings.  

6. You agree not to harvest or collect data about any other individual, especially those with any personally identifiable information, from the Site and its Services. You also agree not to use the comments or forums for any commercial solicitation purposes.

7. You agree not to attempt to undermine the security or integrity of computing systems or networks of Komikko, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You agree not to post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or its Services. You agree not to tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You agree not to use any automated system, including robots, scripts or offline readers, with the Site especially to accesses the Service in a manner that attempts to mimic or forge the actual presence of a user accessing the site for the purpose of artificially increasing views, followers, likes, ratings, or other elements that contribute to the popularity or advancement of any content. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

8. You agree that you are solely responsible for all administrative fees and consultation fees for Services, pursuant to the schedule of fees set forth on the Site. As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid email address, Facebook account, credit card information/bank account, as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the sign-up form, you represent that the statements in their application are true and accurate. Komikko reserves the right to modify its pricing structure at any time and implement the new price structure at any time pursuant to these Terms of Service. You understand that Services may not be provided or scheduled consultations cancelled if your credit card, banking or any payment information is inaccurate or invalid.

9. By subscribing to Komikko’s services, you are agreeing to opt-in to the receipt of newsletters containing information related to your Komikko account and Komikko’s services. These newsletter and other articles inside Komikko are communications and resources that are for general educational and informational purposes only. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by Komikko. Komikko makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular action is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by following the instructions at the bottom of these messages.

10. Komikko reserves complete and sole discretion with respect to the operation of its Services. Komikko reserves right to limit, suspend, discontinue or deny any aspect of the Services at any time, and without notice, especially for anyone who violates these Terms of Service as Komikko considers appropriate in its sole discretion, including but not limited to (a) security reasons, (b) alleged or suspected breach of these Terms of Service, (3) the protection of intellectual property, and (4) violation of confidentiality.

Submitted Content

1. In the course of using Komikko Services, you may submit Content such as but not limited to images and text. You understand that Komikko does not guarantee any confidentiality with respect to any Content you submit. You also understand that you are solely responsible for your own Content and the consequences of submitting and publishing of such. Komikko makes no representation or warranty as to the content from any Author accredited by it. Authors are independent contractors and not employees of Komikko.

2. You further agree that any content or information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

3. You agree that any content or material you submit will follow the Komikko Content and Community guidelines, which may be updated from time to time. You further agree that such content or material will not be contrary to applicable local, national, and international laws and regulations.

4. Komikko maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.  

5. Komikko is not responsible for maintaining data arising from use of the Komikko Services. Komikko reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Komikko Service in compliance to its internal record retention and/or destruction policies.

Licensing

1. With the exception of your Electronic Records and comics uploaded to the site, Komikko retains all right, title and interest in and to Komikko, the Services and any Information, product, documentation, software or other material on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by Komikko, and in that case, the Site retains all right, title and interest therein. The information available through the Site and the Services is the property of Komikko. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the municipal and/or regional trial courts located in Pasig City, Philippines. The final choice of whether a user is in violation of any of these policies is at the sole discretion of Komikko. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Komikko or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

2. Komikko acknowledges your ownership of your Content. Komikko does not restrict you from using your Content for any purpose unless stated in any additional terms for other programs or offerings Komikko may provide.

3. For the purpose of allowing Komikko to make your content available on its site, you hereby grant Komikko an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platform(s) for the commercial purpose of digital publication on our site, through mobile devices and through digital sharing means including those that have yet to be developed or invented.

4. In order to promote, publicize, market and advance the success of your Content and Komikko as a whole, you hereby grant Komikko an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you give to Komikko or publish on its site, and your user persona, including, but not limited to, your name, likeness and personal information for promotional purposes.

5. Komikko will not sell or redistribute your Content to third-party license without your permission. Advertisements on the Site from either direct advertisers or third parties may be served with Content.

Warranties And Disclaimers

1. You acknowledge that your use of the Komikko services is at your sole risk, and that you assume full responsibility for all risk associated therewith. All information, products or services contained on or provided through this site are provided "as is" and “as available” without any warranty of any kind, express or implied. to the fullest extent permissible under applicable law, Komikko and its shareholders, affiliates, directors, officers, managers, employees or other representatives (collectively, "affiliates") hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non- infringement and freedom from computer virus strains. without limiting the foregoing, Komikko and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Komikko products and services provided hereunder.

2. Komikko makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.

3. Komikko does not endorse the promotions, products, or services of any third parties. Komikko does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. Komikko does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.

4. Komikko makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Komikko employees. Komikko is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

5. Komikko welcomes feedback, comments and suggestions by its users. Except for comic submission by Author, any feedback, comment, suggestion and submission made by users, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Komikko shall become the exclusive property of Komikko. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Komikko of all rights whatsoever (copyright, patentability, and intellectual property). Komikko shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the user.

6. Komikko will take all necessary precautions to protect against failure of our equipment and software. You acknowledge and agree that temporary interruptions in service may occur, and that Komikko shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. You agree and acknowledge that data may be lost or corrupted in connection with use of the Services. Komikko may perform regular back-ups of all data stored, but shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

7. Komikko does not assume any liability arising from the failure of any telecommunications infrastructure, or the internet or for misuse of any of the advice, ideas, information, instructions, or guidelines accessed through the services.

Indemnification

1. You agree to release, indemnify, defend and hold harmless Komikko, its stockholders, contractors, agents, employees, officers, directors and affiliates (Affiliates) harmless from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney's fees, of third parties relating to or arising, directly or indirectly, out of or in connection with (A) your use or misuse of the Site or the Services or any information posted on the Site, (B) your subscription, (C) Your breach of the Terms of Service or the Privacy Policy, (D) your relationship with any Authors, (E) the content or subject matter of or any information you provide to Komikko, any of its Affiliates, any Author or customer service agent, and/or (F) your relationship with third-party website attached to Komikko and/or (G) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when Komikko is threatened with suit by a third party, Komikko may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Service and may result in deactivation of your Komikko account Service(s). Except as prohibited by law, and without limitation:  Komikko shall not be liable for the acts or omissions of any of the independent authors.

2. Komikko has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit to: market, promote or solicit Komikko products in ways that violate any laws of the Philippines. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with Philippine export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold Komikko and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Komikko and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against Komikko or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.

Limitations Of Liability

1. These Terms of Service and the Privacy Policy shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Service or Privacy Policy shall be brought in the applicable municipal and/or regional trial court of Pasig City. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to Komikko must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

2. If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Service or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Service or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

3. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Service, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver. The provisions of this Terms of Service are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

4. In no event shall Komikko nor any of its affiliates be liable for any direct damages in excess of (A) your Komikko earnings, or (B) in the event no purchase price was paid or required, the liquidated sum of Php1,000.00. In addition, to the maximum extent permitted by law, in no event shall Komikko nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, that result from (B) personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, or (B) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to Komikko records, programs or services, and whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this site or any service offered through this site or any material or information contained in, accessed through, or products purchased on this web site, even if an authorized representative of Komikko is advised of the likelihood or possibility of the same. To the extent certain Jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions. You acknowledge and agree that Komikko’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities, and in circumstances where the foregoing limitation is finally determined to be unavailable shall not exceed the Komikko earnings gained by you prior to the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities. You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.

5. The Indemnification and Disclaimers provisions set forth above are for the benefit of Komikko, and its Affiliates and third party websites attached to it. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. Komikko may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Service, or the intellectual property protections applicable to these Services (Defined Above). Komikko may also seek legal prosecution of any violations of law or these Terms of Service and you agree to personal jurisdiction by the municipal and/or regional trial courts in Pasig City. Upon notice of termination of Services by Komikko to you via contact e-mail to your Komikko account and contact e-mail account you have provided, or voluntary termination of service by you, Komikko has the right to delete all data, files, or other information that is stored in the user’s account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

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You may send questions or give notice to Komikko at any time via e-mail to info@komikko.com. These Terms of Service, together with any Komikko rules or policies referred to herein, represents the entire agreement between you and Komikko concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. Komikko may modify this Terms of Service as set forth above.