[ToryComics] Terms of Use

Created: April 27, 2017

These Terms of Use ("Terms") govern your use of ToryWorks Corp.’s ("TORYCOMICS") digital comics service (“Service”). Our Service consists of websites (“Web Apps”), downloadable mobile applications (“Mobile Apps,” together with Web Apps, “TORYCOMICS Apps”), and online store. TORYCOMICS includes its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

1. TERMS & OUR SERVICE
• We reserve the right, in our sole discretion, to revise these Terms at any time. Although it is your responsibility to review these Terms from time to time, we will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Service. Your continued use of our Service following any revision signifies your assent to and acceptance of the revised Terms.
• You agree that TORYCOMICS retains the unfettered right to modify any aspect of our Service. You acknowledge that TORYCOMICS has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.
• TORYCOMICS may from time to time develop patches, bug fixes, upgrades and other modifications to improve the performance of our Service (“Updates”). If you do not install Updates, certain features of our Service may become unavailable to you. Where Updates are automatically installed, you agree that such Updates may be automatically installed without providing any additional notice or receiving any additional consent.
• All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.

2. EQUIPMENT & RESOURCES
In order to use our Service, you will need certain equipment and resources, such as Internet access, a mobile device or computer. It is your sole responsibility to procure the necessary equipment and resources to use our Service. You are responsible for all data charges you incur from using our Service.

3. ACCOUNT
• In order to access some features of our Service, you may be required to register an account with us.
• When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy.
• Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by TORYCOMICS.
• You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, TORYCOMICS has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).
• When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by TORYCOMICS in our sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms.
• You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify TORYCOMICS immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by TORYCOMICS). You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
• TORYCOMICS will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by TORYCOMICS due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others.
• You may use our Service within 3 devices with same account.
• TORYCOMICS may deactivate your account without liability to you if you have not logged in to our Service using your account for over 1 year.

4. VIOLATION OF THESE TERMS
• You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in TORYCOMICS’s sole judgment).
• WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND TORYCOMICS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
• You further agree not to:
• Interfere with our Service.
• Access our Service by unauthorized means.
• Use our Service for other than personal, non-commercial purposes.
• Transmit or post content which consists of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
• Transmit or post content which is illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable.
• Copy, modify, reverse engineer, disassemble, decompile, modify, distribute, resell, or otherwise transfer TORYCOMICS Apps or any aspect of our Service, including content made available to you, or otherwise attempt to derive the source code of TORYCOMICS Apps or any aspect of our Service.
• Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of our Service (for example, by modifying, defeating, augmenting or substituting any digital rights management functionality.
• Post content on our Service which infringes the rights, intellectual property or otherwise, of any third party.
• Any other violation of this Agreement and/or other policies laid down by TORYCOMICS

5. ACCESS AND RIGHTS
• Subject to these Terms and the payment of fees, where applicable, TORYCOMICS grants you a personal, non-exclusive, non-transferable license, without right of sublicense, to (i) access and use our Service through Web Apps; and (ii) download and install Mobile Apps on devices within your possession and control. Our Service may only be used for your personal entertainment purposes, and not for any commercial purpose or for the benefit of any third party.
• TORYCOMICS Apps, our Service, and their content, features, and functionality are owned by TORYCOMICS, our licensors, or other suppliers of such material and are protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in TORYCOMICS Apps or our Service, ownership of which is retained by TORYCOMICS, our licensors and our suppliers. TORYCOMICS Apps and any content made available to you by TORYCOMICS are licensed, not sold, to you for use only under these Terms. TORYCOMICS reserves all rights not expressly granted to you.

6. PURCHASES AND PAYMENTS
• Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. TORYCOMICS may, from time to time (and upon notice of required by applicable laws), modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on our Service.
• If you have elected to access a paid aspect of our Service, upon your acceptance of these Terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees, plus any applicable taxes we are required to collect, and you authorize us to do so. All posted prices on our Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
• Virtual Currency. You understand that while at times you may "purchase" or be “credited” virtual currency for use within our Service ("Virtual Currency"), you do not own the Virtual Currency and the amounts of any Virtual Currency do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use that aspect of our Service, including software programs that occasionally manifest themselves as these items. Any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Currency is not redeemable for any sum of money or monetary value from TORYCOMICS. Virtual Currency does not constitute a personal property right. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency or access thereto if we suspect, after reasonable investigation, that you have misused Virtual Currency or have otherwise used them to conduct any fraudulent or illegal activity. Unless otherwise specified or contemplated by the functionalities of our Service, Virtual Items are non-transferable to another person or account.
• Expiration. Virtual Currency may be subject to expiration, which period will be specified when you make a purchase. No refunds are provided for expired Virtual Currency. Further, we may, for business or technical purposes and upon one month prior notice to you, discontinue the Virtual Currency aspect of our Service. In such case, all unused Virtual Currency will expire immediately on the specified discontinuance date.
• Offline Content. Certain functionalities of our Service may enable you to download content made available by TORYCOMICS for offline access. TORYCOMICS may place limitations on downloading and accessing such content, including, without limitation, the number of issues available at any given time and the length of offline availability.
• You may be directed to a webpage that is hosted by a third party payment service and not by TORYCOMICS (such page, the "Payment Service Page"). You will be asked to supply certain information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of service and privacy policy of that payment service, rather than these Terms and TORYCOMICS’s Privacy Policy. TORYCOMICS has no control over, and shall not be responsible for, any payment service's use of information collected through the Payment Service Page.
• By ordering a license to use Virtual Currency, you agree and accept that the Virtual Currency ordered will be promptly provided to you following completion of your purchase. You may also be required to agree to supplemental terms when making purchases.
• Unless otherwise specified in these terms, you acknowledge that ToryComics is not required to provide a refund. Only in case of systematic error or due to fault of ToryComics, we will compensate them according to circumstances. To inquire about refunds, please visit our Customer Support page or email us at help@toryworks.com.

7. RIGHTS AND RESPONSIBILIY OF TRANSLATION
• “TransWriting” means translation work done by user.
• “TransWriter” means user who participated in TransWritng.
• TransWriter agrees that translation shall do best to keeps original work, expression, storyline and content as it is..
• TransWriter agrees translation shall not use any expression , work and meaning that include bad words, discriminating certain classes, races, religions.
• TransWriter agrees not to copy or reproduce translation of other translation or TransWritings.
• TransWriter agrees that when works of TransWriting contains inappropriate content or activities that violate guidelins, ToryComics has rights to ban or delete TransWriter’s work and account.
• TransWriter shall has right to get Points in reward to TransWriting works. However, when ToryComics finds any abuse or illegal activities regarding TransWriting or obtaining Points, ToryComics may delete TransWriter’s account and all rights shall be transferred to ToryComics.
• TransWriter agrees that all rights not limited to but including copyrights, intellectual property rights, and licenses are the property of ToryComics or its subsidiaries or affiliated companies and/or third-party licensors.

8. USER CONTENT AND UNSOLICITED SUBMISSIONS
• We may allow users to post feedback, questions, comments or other information to our Service (“Post”).
• By Posting content, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content you Post throughout the world in any media. You also hereby grant each user of our Service a non-exclusive license to access content you Post, and to use, reproduce, distribute, display and perform such content, each in the manner contemplated by our Service and these Terms.
• You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you Post and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of content you Post as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you Post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” (iv) content you Post may be copied by other users of our Service; and (v) if you do not have the right to Post content for such use, it may subject you to liability.
• TORYCOMICS takes no responsibility and assumes no liability for any content Posted by you or any third party. We have no obligation to monitor content Posted on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse to post, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with TORYCOMICS or other users (including without limitation chat text and voice communications) when you are using our Service.

9. SERVICE LIMITATIONS
• TORYCOMICS makes no uptime guarantee whatsoever regarding our Service. Our Service is intended to be reliable, but is not intended to be reliable or available at all times. Our Service is subject to interruptions, and you agree that TORYCOMICS will not be responsible or liable for any loss or damage whatsoever resulting from any failure or delay of our Service.
• Our Service may be temporarily suspended without notice to you. Suspension of our Service may result from a variety of reasons, including system failure, maintenance, or other circumstances. You agree that you will not be entitled to any refund or compensation for such suspensions.

10. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
ToryComics App, Webtoon Website and/or Content are owned and operated by Tory Works. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the Republic of Korea relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well a laws relating to data protection and security. All Content and the Service, including intellectual property rights herein and thereto, are the property of ToryComics or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use content except as expressly authorized by this Agreement. ToryComics reserves all rights not expressly granted in this Agreement. TORYCOMICS respects the intellectual property of others, and we ask our users to do the same. TORYCOMICS may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TORYCOMICS the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
TORYCOMICS's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at help@toryworks.com

11. LINKS
Our Service may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and TORYCOMICS is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

12. THIRD PARTY MARKETPLACES
These Terms are between you and TORYCOMICS only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps ("Marketplaces"). The Marketplaces are not responsible for Mobile Apps you download or the Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.

13. DISCLAIMERS
• NEITHER TORYCOMICS, OUR LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "TORYCOMICS PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE OR TORYCOMICS APPS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE OR TORYCOMICS APPS, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE OR TORYCOMICS APPS.
• YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR TORYCOMICS APPS IS AT YOUR SOLE RISK. OUR SERVICE, TORYCOMICS APPS, AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, TORYCOMICS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE, TORYCOMICS APPS OR ANY CONTENT APPEARING ON OUR SERVICE. TORYCOMICS DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

14. LIMITATION OF LIABILITY
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE TORYCOMICS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR TORYCOMICS APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF TORYCOMICS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO ANY AMOUNTS YOU HAVE PAID TORYCOMICS IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. IF YOU HAVE NOT MADE ANY PURCHASES DURING THE 12 MONTH PERIOD PRECEDING YOUR CLAIM, YOUR SOLE REMEDY IS TO STOP USING OUR SERVICE.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE TORYCOMICS PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH TORYCOMICS PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
• IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
• THE TORYCOMICS PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED TORYCOMICS EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.

15. INDEMNIFICATION
You agree to indemnify and hold the TORYCOMICS Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Service or TORYCOMICS Apps in violation of these Terms and/or any breach of your representations and warranties set forth herein and/or if content you Post to our Service causes us to be liable to another.

16. EQUITABLE REMEDIES
• You acknowledge that the rights granted and obligations made under these Terms to TORYCOMICS are of a unique and irreplaceable nature, the loss of which shall irreparably harm TORYCOMICS and which cannot be replaced by monetary damages alone. Accordingly, TORYCOMICS shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
• You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).

17. DISPUTES
• To the extent permitted by applicable law, these Terms are governed by and construed in accordance with the substantive laws of the Republic of Korea, and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the state or federal courts located in Seoul, Korea.
• The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your residence.
• Any claim or cause of action arising out of or related to these Terms or the use of our Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
• For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
• All claims you bring against TORYCOMICS must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, TORYCOMICS shall be entitled to recover attorneys' fees and costs up to $2,000, provided that TORYCOMICS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. TERM OF TERMINATION
These Terms will remain in full force and effect so long as you continue to use our Service, or until terminated in accordance with these Terms. Upon termination, the licenses granted to you by TORYCOMICS shall cease, you may not be able to access your account, and you will promptly remove any Mobile App from any device on which it is installed.
In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Disputes”, and Sections 19 through 23, shall survive such expiration or termination.

19. SEVERABILITY
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

20. FORCE MAJEURE
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

21. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVE
These Terms are deemed accepted upon any use of our Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and TORYCOMICS regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect.

22. TECHNICAL & CUSTOMER SUPPORT
Subject to the other provisions of these Terms, TORYCOMICS will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at help@toryworks.com.