Eppie Comics Terms of Use
Last Updated: April 20, 2023
- Eppie Comics Terms of Use
- 1. Changes to the Terms of Use
- 2. Definitions
- 3. Use of Eppie Comics Website and App
- 4. Account Information and Security
- 5. Conditions of Use
- 6. Ownership; Digital Content and Limited License
- 7. Purchasing and Redeeming Coins
- 8. Suspension of Access
- 9. Intellectual Property and Other Rights
- 10. Termination
- 11. Disclaimer of Warranties
- 12. Limitation of Liability
- 13. Agreement To Arbitrate and Class Action Waiver
- 14. Applicable Law
- 15. Complete Agreement and Severability
- 16. Assignment
- 17. No Waiver
- 18. Indemnification
- 19. Amendment
- 20. Force Majeure
- 21. Contact Information
SECTION 13 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. IF YOU LIVE IN OR IF THE PRINCIPAL PLACE OF YOUR BUSINESS IS IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
Welcome to Eppie Comics! Please read these Terms of Use and our Privacy Policy carefully before using any Eppie Comics product or service provided to you by PRACT Inc. ("the Company"), including the Eppie Comics App and website (collectively the "Services"). By using our Services, you agree to be bound by these Terms of Use.
Our Privacy Policy (“Eppie Comics Privacy Policy”) describes how we collect, store, use, and disclose, and otherwise process your personal information when providing our Services to you, and your rights and choices concerning your information. When you use the Services, you acknowledge that Eppie Comics Privacy Policy applies. If you do not want us to collect, store, use, or share your information in the ways described in Eppie Comics Privacy Policy, you must not access or use our Services.
“PRACT,” or “the Company”, “we,” “our,” or “us” in these Terms of Use means PRACT INC., incorporated under the laws of the Republic of Korea. In all cases, “PRACT,” “the Company”, “we,” “our,” or “us” includes PRACT’s agents, consultants, employees, officers, and directors.
1. Changes to the Terms of Use
The Company reserves the right to amend these Terms of Use at any time by publishing the amended version on the Eppie Comics website and/or app. We will do our best to notify you of any major changes to the agreement, but you should periodically review the most up-to-date version of the Terms of Use. The current version of these Terms of Use is effective as of the "Last Updated" date above.
2. Definitions
- "Coin(s)" refers to the virtual currency that may be purchased and/or earned by you to access certain content offered by the Services.
- "Digital Content" means webcomics and other digital content including animations and sound effects provided on the Services.
- "Eppie Comics Website" means www.eppiecomics.com
- "Eppie Comics App" means the Company's digital comics reader, storefront applications, websites, and/or software (including any updates/upgrades to that software) through which you can browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one or more select devices (e.g., smartphones, tablets, PC/Mac, et al.). It also allows you to manage your Digital Content and account settings.
- “Account” means an account you create when you access the Services.
- “Terms of Use” or “Terms” means these terms of use.
- “User Content” means all the data that you upload, transmit, create, or generate on or through the Services.
3. Use of Eppie Comics Website and App
- You may use the Eppie Comics Website and App, including the software comprising them, solely on the number and type(s) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
- You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the Eppie Comics Website and/or Eppie Comics App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the Eppie Comics Website and/or Eppie Comics App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Eppie Comics Website and/or Eppie Comics App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
4. Account Information and Security
In order to use our Services, you must create an Account and select a password, and may need to provide us with certain personal information, including your e-mail address and, in some cases, payment information. By creating an Account, you agree to supply us with accurate, complete, and up-to-date information, particularly your email address.
You are responsible for maintaining the security of your Account. Do not share your Account details with others or allow others to access or use your Account. We will treat all actions performed through your Account as being performed by you. You therefore accept responsibility for all actions taken using your Account, whether or not authorized by you, including purchases made using any payment instrument, and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, you must immediately inform us.
5. Conditions of Use
- Users’ Age Limit.
- Compliance with Law and Reservation of Rights
- Changes and Limitations to the Services
- Deleting your Account.
We appreciate your use of our Services, but you may not use our Services if you cannot enter a binding contract with us. You must be at least thirteen (13) years old (or equivalent minimum age depending on your jurisdiction) ("Minimum Age"). The use of the Services by anyone under the Minimum Age is unauthorized and unlicensed. By using the Services, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Services.
If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Services under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by these Terms.
You represent to us that (1) you are at least of Minimum Age and (2) if you are a Minor, you may only use the Services under the consent and supervision of a Representative who agrees to be bound by these Terms, and the use of the Services is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Services if it comes to our attention that any of your representations to us is not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms and Privacy Policy before you start to use the Services. We advise Representatives who permit their represented Minors to use an interactive service to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Services. Represented Minors permitted to use any interactive service should be made aware of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors.
You must use the Services in compliance with all applicable laws and regulations. All licenses granted to you are non-exclusive, and all rights not expressly granted in these Terms are reserved exclusively to us.
We may require that you accept updates to the Services as well as to the Terms and the Eppie Comics Privacy Policy. From time to time, we may require you to update your software to continue to use our Services. We may perform these updates remotely, including to the software for your use of the Services residing on your computer or mobile device, without notifying you.
We reserve the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically suspended or terminated. If that happens, unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services.
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO EPPIE COMICS WEBSITE, AND EPPIE COMICS CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY RELATED OR RESULTING LOSSES OR CONSEQUENCES.
You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in Eppie Comics Privacy Policy. Unless applicable laws require otherwise, we are not required to provide refunds, benefits, or other compensation if you request that we delete your Account.
6. Ownership; Digital Content and Limited License
Eppie Comics Content:
By accessing and using the Eppie Comics website and the Eppie Comics App, you acknowledge and agree that they are owned by us. All content provided on the Services, including Eppie Comics Content, is owned by us or licensed to us by the copyright owner. The Eppie Comics Website, Eppie Comics App, and Eppie Comics Content are protected by the Copyright Act of the Republic of Korea, as well as other intellectual property laws and treaties. These Terms do not grant you or any other party any right, title, or interest in the Services or Eppie Comics Content.
You may use the Services for your own non-commercial entertainment purposes, provided that you comply with these Terms. You agree not to use the Services for any other purpose, and we will not be liable to you for any damage or loss arising from unauthorized uses.
If you breach these Terms, any other terms that apply to your use of the Services, or any applicable laws, including but not limited to infringement of our intellectual property rights, we reserve the right to take any necessary measures against you, including terminating your account. Any attempt by you to disrupt or interfere with the Services, including undermining or manipulating their legitimate operation, is a breach of our policy and may be a breach or violation of criminal and civil laws.
If you post, publish, transmit, or upload User Content on the Services, you agree that it will:
(a) be accurate;
(b) not be confidential;
(c) not violate any laws;
(d) not violate any contractual restrictions or the rights of any other parties, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
(e) be free of viruses, adware, spyware, worms, or other malicious code.
Your User Content will be processed by us in accordance with Eppie Comics' Privacy Policy. You are solely responsible for securing and backing up your content.
We have the right to remove any of your User Content if, in our sole opinion, it fails to comply with these Terms. We also have the right to disclose your identity to any third party claiming that any of your User Content constitutes a breach of its intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it. We are not responsible for any other person's use or appropriation of any content or information you post, publish, or transmit in any forums, blogs, or chat rooms.
7. Purchasing and Redeeming Coins
Our Services may offer certain content that can be accessed by redeeming Coins, which can be obtained through purchases or by earning them. Please note that you do not own the Coins, and they do not hold any real-world value. You are granted a limited, non-transferable, revocable, non-exclusive license to use the Coins for personal access to certain content related to the Services.
- The Company will provide Coins to you through designated means such as purchases, special offers, and other methods. Details regarding the payment methods, units, and other conditions related to Coins will be decided by the Company and displayed on the Services.
- Coins can only be used to access certain content offered by the Services and cannot be exchanged or used for any other purpose. The Company reserves the right to change the purchase price for Coins at any time, and the number of Coins required for accessing content will be determined by the Company and displayed on the Services.
- Coins can only be used by the account that purchased or earned them. Coins cannot be transferred between devices running on different operating systems, even if used under the same account.
- All Coin sales by the Company to you are final, and refunds will not be issued unless required by applicable laws. If required, the Company will process refunds in accordance with relevant laws.
- The Company may offer promotional Coins from time to time that you can use without paying for them ("Free Coins"). Free Coins may expire after a designated period, as decided by the Company. When redeeming content using Coins, any Free Coins in your account will be applied first, followed by your purchased Coins.
- Transferring Coins outside of the Services (such as selling, gifting, or trading them) is strictly prohibited. You are not allowed to sublicense, trade, sell, or attempt to sell Coins for real money or exchange them for value of any kind outside of the Services. Any such transfer is prohibited and void.
- We may discontinue the usage of Coins from our Services upon providing you with one (1) month prior notice for business or technical purposes. In such an event, all unused Coins will expire immediately on the specified discontinuance date.
By using our Services, you acknowledge and agree that we may use third-party payment processors such as Apple Pay or Google Pay to process fees for the Subscription on our behalf. We will not be liable for any errors caused by such third-party payment processors. If a payment is not successfully settled, due to expiration, insufficient funds, or any other reason, and you do not cancel your account, we may suspend your access to the service until a valid payment method is successfully charged. Please note that the issuer of your payment method may charge you certain fees, such as foreign transaction fees or other fees related to processing your payment. Please check with your payment method service provider for details.
8. Suspension of Access
We reserve the right to modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
9. Intellectual Property and Other Rights
The Services are owned and operated by us, and the Eppie Comics Content is licensed by the copyright owner to us. All elements of the Services, including Eppie Comics Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, products, and all other materials are protected by intellectual property and proprietary rights laws, including copyright, patent, trade dress, and trademark acts, as well as laws relating to data protection and security and relevant treaties. All Eppie Comics Content and the Services, including intellectual property rights, are the property of PRACT 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 Eppie Comics Content except as expressly authorized by these Terms or by us under Eppie Comics Website or Eppie Comics App. We reserve all rights not expressly granted in these Terms.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
10. Termination
Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In case of such termination, you must cease all use of the Services and/or Digital Content, and we reserve the right to immediately revoke your access to the Services and/or Digital Content. We may, at our sole discretion, suspend your access to the Services in part or in whole if you fail to comply with any term of these Terms. Our failure to exercise or enforce any term of these Terms will not constitute a waiver of such term or any of our rights or remedies.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE EPPIE COMICS WEBSITE OR EPPIE COMICS APP, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, the applicable warranty will be the shorter of either 30 days from your first use of the Services or the shortest period required by law.
12. Limitation of Liability
By using our Services, you agree that we and our affiliates are not liable for:
(1) any indirect, incidental, special, exemplary, or consequential damages, including for loss of profits, goodwill, or data, in any way whatsoever arising out of the use of, or inability to use, the Services; or
(2) the conduct of third parties, including other users of the Services and operators of external sites.
You assume full responsibility and risk for using the Services and any external sites. To the fullest extent allowed by applicable law, these disclaimers of liability apply to all damages or injuries caused by the Services or related to the use of the Services, under any cause of action in any jurisdiction, including actions for breach of warranty, breach of contract, or tort (including negligence).
To the maximum extent permissible under applicable laws, our total liability and that of our affiliates is limited to the total amount you have paid to us or our affiliates in the thirty (30) days immediately preceding the date on which you first assert any such claim.
If you have not paid us or our affiliates any amount in the thirty (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with us and our affiliates is to stop using the Services and cancel your account.
Some states or countries do not allow the exclusion or limitation of certain warranties or liability for certain types of damages, which means that some or all of the above exclusions or limitations may not apply to you. If these laws apply to you, you may have additional rights.
13. Agreement To Arbitrate and Class Action Waiver
- Agreement to Arbitrate.
- No Class Actions/ Class Actions Waiver.
- Survival.
By accepting these Terms, you and PRACT agree to resolve any controversy or claim arising out of or related to your use of the Services, these Terms, or any breach thereof through binding arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association (“AAA”) in accordance with its International Arbitration Rules. The arbitration will be conducted by a single arbitrator, and the language of the arbitration will be English. If anything in these Terms conflicts with AAA's rules and procedures, the parties agree to follow these Terms instead.
By accepting these Terms, you agree that any claim or dispute against PRACT will be resolved on an individual basis and cannot be brought as a class action, consolidated action, or representative action.
This Section 13 shall survive termination of these Terms.
14. Applicable Law
We only provide the Services for use by persons located in the United States. We make no claims that the Eppie Comics Website or Eppie Comics App, or any of the Services is accessible or appropriate outside of the United States. Access to the Eppie Comics Website or Eppie Comics App may not be legal by certain persons or in certain countries. If you access the Eppie Comics Website or Eppie Comics App outside of the United States, you do so on your own initiative and at your risk, and are responsible for compliance with local laws.
You agree that all matters relating to the Services, the Terms, and any dispute or claim arising therefrom will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
15. Complete Agreement and Severability
These Terms represent the entire agreement between you and PRACT regarding the Services and Digital Content, and supersede any prior understandings. If any term or condition of these Terms is found to be invalid, void, or unenforceable, that part will be considered separable and will not affect the validity and enforceability of any remaining term or condition.
16. Assignment
We may transfer our rights and obligations under these Terms to any person or entity at any time without obtaining your consent. However, you may not transfer your rights or obligations under these Terms to anyone without first obtaining our written consent. Any attempt to transfer your rights or obligations without our consent will be null and void.
17. No Waiver
If we do not enforce our rights under these Terms, we retain the right to do so later, and it shall not constitute a waiver of such rights. Additionally, if we expressly waive a provision of these Terms in a specific case, such waiver shall not constitute a waiver for all time. If we agree to waive a default or breach by you, we will only do so in writing. In case we provide a written waiver of a default or breach, such waiver shall be limited to that particular incident and shall not automatically waive any other default or breach by you.
18. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after the assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Services, your User Content, your violation of these Terms, or your violation of any applicable laws or regulations.
19. Amendment
We may, in our sole discretion, amend any of the terms of this Agreement by posting the amended Agreement on the Eppie Comics Website and/or Eppie Comics App. Your continued use of the Services and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by the amended Agreement. The current version of this Agreement is effective as of the “Last Updated” date above.
20. Force Majeure
We shall not be held liable for any changes or problems out of our control, including but not limited to changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
21. Contact Information
For help with the Services and/or Digital Content, please contact us at help@eppiecomics.com.