Created: April 27, 2017
("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
1. TERMS & OUR
• 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
• 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 &
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.
• 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
• 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
• 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
4. VIOLATION OF THESE
• 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
• 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
• 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
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
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
• 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
• 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
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 email@example.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,
• 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
8. USER CONTENT AND
• 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
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
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
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 firstname.lastname@example.org
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
data provided to the third parties.
12. THIRD PARTY
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
• 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
• 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
• 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
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).
• 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
• 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
• 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
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.
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
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
22. TECHNICAL &
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