Terms of Use
Note: These Terms of Use and policies apply to your use of the Manga Books Online Store.
In making a purchase through the Manga Books Online Store you declare that you are over 18 years of age, or if you are not 18 years of age, that you have parental consent to make the purchase.
Introduction
These Terms of Use apply to mangabooks.com. By using the Manga Books site, or any product or service (collectively the “Services” or the “Manga Books Services“) available on the Manga Books site, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed. These Terms of Use may be modified by Manga Books from time to time in its sole discretion (collectively the “Terms of Use“).
If you do not agree with these Terms of Use, you may not use the Manga Books site or any of the Services on the Manga Books site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms of Use at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of the Manga Books Site following the posting of any changes to these Terms of Use will mean you understand and accept those changes.
Site Registration, Accounts and Security
General
Certain services and related features that may be made available on an Manga Books site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
(a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Manga Books site and
(b) all activities that occur under such password or Account. Further, you agree to notify us of any unauthorized use of your password or Account.
Manga Books shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
When you register on the Manga Books Site, for the purposes of these Terms of Use you may be said to have an “Account”. The information you submit to create an Account (which may vary depending on the service) may be referred to in these Terms of Use or the Manga Books Privacy Policy as “Account Information”. When you have created an Account and are logged in, you may be referred to as a “Logged-in User”.
Manga Books reserves the right to terminate your Account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of these Terms and Conditions.
Passwords
As part of the Account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. We also recommend you change your password on a regular basis.
If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period. Manga Books will not be held liable for any losses or damages, direct or indirect, pecuniary, or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your Account through any means, and disclaims any responsibility in this regard.
Site Content
All material, information and content (collectively “Content“) available on mangabooks.com.au, including without limitation the manner in which such Content is presented, and the Manga Books services are protected by Australian and international copyright laws and treaty provisions and all rights are reserved. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through the Manga Books site or any of our services, including without limitation, by framing or similar means, without the prior written consent of Manga Books.
Licence to use the content on the Website
(i) You acknowledge that the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(ii) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
(iii) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph h (ii), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(iv) Except as provided in these Terms of Use or under applicable Copyright Laws, permission to reprint or electronically reproduce the Website in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. Please contact us at: https://mangabooks.com.au/contact-us/ if you wish to obtain such consent.
(v) For Australian users, The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.
(vi) Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
Restrictions on Use of Materials
Trademarks
All brand and company names and logos used or mentioned on the Manga Books site are trademarks of Manga Books (owned or used under licence) or registered trademarks of their respective owners. Any use of any trademarks appearing on the Manga Books site without the express written consent of the owner of the trademark is strictly prohibited.
Links and Advertisements
Please note that certain links on the Manga Books site may take you to other websites. Manga Books provides these links only as a convenience and not as an endorsement by Manga Books. These linked sites are not necessarily under the control of Manga Books. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Manga Books is not responsible for the content of any such linked sites or any other web page which is not part of the Manga Books Site and under Manga Books’ control. Unless otherwise expressly provided, Manga Books makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Manga Books will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Manga Books site.
Site Conduct
Legal Compliance and Monitoring
In consideration of the availability, and your use, of the Manga Books site you agree to comply with all applicable laws and these Terms of Use when using said site. You acknowledge that Manga Books has no obligation to monitor the Manga Books site or any content accessible through the Manga Books site. However, you agree that Manga Books has the right to monitor the Manga Books site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Manga Books Site properly, or to protect itself or its users and customers in accordance with the Manga Books Privacy Policy.
Linking to this Website
(a) We encourage you to provide links to this Website. While you may use the name “mangabooks.com.au” in the text of any such link, you may not use the Manga Books logo or any of our other trademarks without our prior written consent.
(b) You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
Prohibited Conduct
You agree not to
(a) violate any applicable laws;
(b) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Manga Books site in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying the Manga Books Site or the Internet;
(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(d) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, racist, obscene, indecent or unlawful material or information;
(e) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
(f) collect or store personal data about other users of the website.
User Content Policy
As a Logged-in User, you may use certain of the Services on the Manga Books site to create text, to upload certain files or embed certain files, including but not necessarily limited to video clips, sound recordings, written posts and comments, information, other text (including but not limited to hyperlinks), data, photographs, and graphics, and other interactive features generated, provided, or otherwise made accessible on or through the Services (the “User Content”). By creating, then submitting and / or uploading User Content, you agree to be bound by the Manga Books policy for User Content as described in this section (the “User Content Policy”). If you do not comply with the User Content Policy, your access to the Services may be terminated.
When you submit User Content, and without limiting the generality of the Prohibited Conduct sub-section found in this section of the Terms and Conditions, you acknowledge and agree to the following:
(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text or photographs or video clips or other User Content submitted are your own original works or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that:
(1) you own or have the necessary licenses, rights, consents, and permissions to use (and authorize Manga Books to use) all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and
(2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms and Conditions;
(ii) You retain all your ownership rights in the User Content you submit. However, by submitting User Content to Manga Books, you hereby grant Manga Books a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, edit, modify, translate, copy, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content (or any portion thereof, or any derivative works thereof), including your name or username associated with your User Content, in connection with the Services and / or Manga Books’ business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any and all media channels (whether known or unknown) without any compensation to you. You understand and agree that Manga Books may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You hereby waive any moral rights you may have in your User Content and acknowledge that Manga Books may modify or adapt your User Content for display or distribution purposes. You grant other users of the Services and / or visitors to the Manga Books Site a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these Terms and Conditions;
(iv) The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media (whether known or unknown) as applicable;
(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that contains any adult content; or upload any User Content that contains viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam, or other harmful or disruptive component; and
(vi) You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that contains adult content, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of a Logged-in User, you acknowledge that any use of the User Content accessed or downloaded by you while using the Services or visiting a Manga Books Site is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Manga Books disclaims any responsibility in this regard. If you, as a Manga Books Site visitor, believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at https://mangabooks.com.au/contact-us/ so that we may conduct an inquiry. Please include a URL of the User Content in question. Manga Books retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content may or may not be edited, curated, moderated or otherwise modified or checked by Manga Books prior to posting, depending on the Service used. Manga Books reserves the right, in its sole discretion, to remove or modify immediately and without notice, any User Content that violates the User Content Policy.
Manga Books will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, and disclaims any responsibility in this regard.
Third Party Dealings
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through the Manga Books site, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Manga Books assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
Responsibility for Minors
In cases where you have authorized a minor under the age of 18 to use the Manga Books site you recognize that you are fully responsible for:
(a) the online conduct of such minor;
(b) controlling the minor’s access to and use of such site or service; and
(c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Manga Books Site may contain material that is inappropriate for minors.
Disclaimers
General Disclaimer
You expressly understand and agree that:
(a) the Manga Books site is provided on an “as is” and “as available” basis and that Manga Books makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and
(b) Manga Books specifically makes no warranties that the Manga Books site including without limitation any content, information, products or services obtained from or through the use of the Manga Books site will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.
Privacy
Manga Books respects the privacy of all its users and customers and is committed to protecting their privacy. In using the Website you may give us personal information in which you have certain rights. By using the website you grant us consent to use your personal information in accordance with the Manga Books Privacy Policy which specifies how user information is collected, used and disclosed by us in connection with your use of the Manga Books site and which forms part of these Terms and Conditions.
Warranties and Limitation of Liability
You may have rights under the statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified.
The following exclusions of warranties, and the limitations of liability in paragraphs (d), (e) and (f) below, apply subject to any rights you may have under such laws.
(a) you expressly understand and agree that your access to and use of this website is at your sole risk and that the website is provided “as is” and “as available”. In particular, we do not represent or warrant to you that:
(i) your access to and use of the website will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgment to evaluate the website and that you are satisfied as to the suitability of the website to meet your requirements); or
(ii) your access to and use of the website will be uninterrupted, timely, secure or free from viruses or errors.
(b) without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness, or non-infringement of third-party rights.
(c) If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, common law or otherwise) and cannot be excluded (a “Non-Excludable Term”), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
(i) in relation to goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
(d) subject to our obligations under the non-excludable terms, and to the maximum extent permitted by law, our maximum aggregate liability for all claims arising under or in relation to this agreement, or otherwise as a result of your access to and use of this website, is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(e) subject to our obligations under the non-excludable terms, and to the maximum extent permitted by law, in no event are we liable under or in relation to this agreement or its subject matter for any indirect, special or consequential loss or damage or for any loss of goodwill, opportunities, anticipated savings or profits.
(f) The limitations and exclusions in paragraphs (e) and (f) apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity, or on any other basis.
You expressly understand and agree that in no event shall Manga Books , including and without limitation its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Manga Books had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with:
(a) the use, inability to use or performance of any of the Manga Books services of the Manga Books site, or
(b) any unauthorized access to or modification to any of your content or transmissions, or
(c) any other matter relating to a manga books site or any of the services.
You expressly acknowledge that Manga Books has entered into this agreement, and has or may make the Manga Books site, content and services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Manga Books. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Indemnification
You agree to defend, indemnify and hold harmless each of Manga Books, its affiliates and licensors and each of their respective officers, directors, employees, contractors and agents, including all third parties mentioned on the Manga Books Site, from and against any loss, damage, liability, cost, expense and all claims, actions or demands, including without limitation legal fees on a solicitor-client basis, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Manga Books Site, services or content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Manga Books site or through any Manga Books services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Termination
You acknowledge and agree that Manga Books, in its sole and absolute discretion, may, without notice to you, suspend or terminate your Account or your use of, or access to the Manga Books site and services, and remove and discard any information or content related to the Manga Books site and services (and your use thereof), for any reason, including where Manga Books believes that you have violated any of these Terms and Conditions. You further agree that Manga Books shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Manga Books site and services or with any terms, conditions, rules, policies, guidelines, or practices of Manga Books in operating an Manga Books Site or any Manga Books Service, your sole and exclusive remedy is to discontinue using the Manga Books site and services.
Jurisdiction
The Manga Books site and services are controlled, operated and administered by Manga Books from its offices within Australia. Manga Books makes no representation or warranty that the Manga Books site and services is appropriate or available for use at any locations outside Australia. If you access the Manga Books site and services from outside Australia, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Manga Books site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws in force in the State of Queensland, Australia, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of Queensland and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Contact
To contact Manga Books in connection with these Terms of Use or the Manga Books site, contact us via our website.
Force majeure
Neither party will be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of that party.
General Provisions
a) This agreement is personal to you, and you may not assign your rights or obligations to anyone.
b) These Terms of Use constitute the entire agreement between Manga Books and you pertaining to your use of the Manga Books site, services and content and supersedes any prior agreements between you and Manga Books with respect to the subject matter hereof.
c) Manga Books’ failure to insist upon or enforce strict performance of any right or provision of these Terms of Use shall not constitute or be construed as a waiver of any right or provision.
d) If any of the provisions (or parts thereof) contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.
e) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website including sending you electronic notices.
f) The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these terms and conditions.
g) The word “including” when used in these Terms of Use is not a term of limitation.
h) No changes to these Terms of Use shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
Variation of the Website
We may from time to time and without notice, vary modify or discontinue, temporarily or permanently, any or all of the Website.
