Disclaimer of Warranties; Liability Limitations
DIGITAL MANGA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DIGITAL MANGA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
DIGITAL MANGA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DIGITAL MANGA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD DIGITAL MANGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY DIGITAL MANGA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DIGITAL MANGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DIGITAL MANGA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Penalties of Noncompliance
Violations of Terms of Service and other notices, as well as system or network security, may result in civil or criminal liability, termination of your account and access to your past purchases revoked.
The content of this site and any underlying technical system, including but not limited to HTML code and digital stamping procedures, are protected by copyright law and international treaties. Any violation of copyright and/or unauthorized distribution of our content will result in criminal penalties and/or termination of account and revoked access to past purchases.
Unauthorized reproduction or distribution of materials/content on eManga or any portion of them may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law including recovery of all costs and fees related to any enforcement action initiated by Governing Law.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Digital Manga or relating in any way to your use of the Service resides in the courts of the State of California.
Digital Millennium Copyright Act
Per the Digital Millennium Copyright Act of 1998 (the “DMCA”), copyright owners who believe that the material/content appearing on the Internet that infringes their rights have options for recourse. If you believe that any material/content appearing/hosted on eManga infringe your copyrights, you or your agent may send us a notice requesting that the material be removed, or access to it blocked.
Send written notice either via e-mail or postal mail to our DMCA Agent as listed below:
Digital Manga, Inc.
eManga DMCA Request
1447 W 178th Street, Suite 302
Gardena, CA 90248
Written notice must include the following:
Specific identification of the copyrighted work which you are alleging to have been infringed or any documentation of the work you feel has been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
Any legal documents that state your copyright or legal ownership of said work.
Specific identification of the location and description of the materials/content that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit us to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located
Information reasonably sufficient to allow us to contact the complaining party which may include a name, address, telephone number and electronic mail address and signature at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any false claims are subject to the legal recourse.