NOTICE TO OUR USERS FROM THE REPUBLIC OF KOREA AND JAPAN:

IF YOU ARE A RESIDENT OF, OR ACCESS OUR SERVICE FROM WITHIN THE REPUBLIC OF KOREA, THE TERMS OF USE AND PRIVACY POLICY LOCATED HERE APPLY TO YOU. THE PRIVACY POLICY BELOW DOES NOT APPLY TO YOU.

IF YOU ARE A RESIDENT OF, OR ACCESS OUR SERVICE FROM WITHIN JAPAN, THE TERMS OF USE AND PRIVACY POLICY LOCATED HERE APPLY TO YOU. THE PRIVACY POLICY BELOW DOES NOT APPLY TO YOU.

Terms of Use

Last Modified: September 1, 2016

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

By using our Service, you agree to these Terms, our Privacy Policy, and any other policy, rules or codes of conduct relating to your use of our Service. If at any point for any reason you do not agree to the then-current versions of the foregoing, your license to use our Service shall immediately terminate and you must stop using our Service.

Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other LEZHIN rules or codes of conduct, policy, or terms, these Terms shall govern.

1. ABILITY TO ACCEPT TERMS OF USE

YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18 (OR, IF GREATER THAN 18, THE AGE OF MAJORITY IN YOUR JURISDICTION) AND ARE OF LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO A BINDING CONTRACT. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13. IF YOU ARE 13 OR UNDER, YOU ARE PROHIBITED FROM USING OUR SERVICE.

2. CHANGES TO TERMS & OUR SERVICE

  • We reserves 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. Revised terms become effective 7 days following notification to you. 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 LEZHIN retains the unfettered right to modify any aspect of our Service. You acknowledge that LEZHIN 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.
  • LEZHIN 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.

3. 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.

4. 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 LEZHIN.
  • 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, LEZHIN 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 LEZHIN 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 LEZHIN immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by LEZHIN). You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
  • LEZHIN 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 LEZHIN 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.
  • LEZHIN may deactivate your account without liability to you if you have not logged in to our Service using your account for over 1 year.

5. 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 LEZHIN’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 LEZHIN 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 LEZHIN Apps or any aspect of our Service, including content made available to you, or otherwise attempt to derive the source code of LEZHIN 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 LEZHIN

6. YOUR ACCESS TO OUR SERVICE

  • Subject to these Terms and the payment of fees, where applicable, LEZHIN 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.
  • LEZHIN Apps, our Service, and their content, features, and functionality are owned by LEZHIN, our licensors, or other suppliers of such material and is 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 LEZHIN Apps or our Service, ownership of which is retained by LEZHIN, our licensors and our suppliers. LEZHIN Apps and any content made available to you by LEZHIN are licensed, not sold, to you for use only under these Terms. LEZHIN reserves all rights not expressly granted 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 LEZHIN. 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 LEZHIN for offline access. LEZHIN 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.

7. FEE-BASED SERVICES & PURCHASES

  • 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. LEZHIN 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.
  • You may be directed to a webpage that is hosted by a third party payment service and not by LEZHIN (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 LEZHIN’s Privacy Policy. LEZHIN 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.
  • You may request a refund within 7 days of your purchase of Virtual Currency. However, refunds are not provided if you have used any portion of that Virtual Currency purchase. Refunds are also not provided if any content you purchase becomes unavailable to you due to your deleting them (and LEZHIN is under no obligation to restore such deleted content), or where LEZHIN makes such content unavailable for legitimate business reasons. To inquire about refunds, please visit our Customer Support page or email us at help@lezhin.com. If we determine that a refund is available to you (or unavailable, as the case may be), we will notify you via email that your request has been accepted (or denied, as the case may be). Where a refund request is accepted, it will be processed within 3 business days thereafter.
  • UNLESS OTHERWISE SPECIFIED IN THESE TERMS OR IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT LEZHIN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST LEZHIN, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF VIRTUAL CURRENCY IF LEZHIN DELETES THEM (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT); (II) A CLAIM FOR THE "VALUE" OF VIRTUAL CURRENCY THAT YOU MAY LOSE IF LEZHIN DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, POLICIES, RULES OF CONDUCT, AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN OUR SERVICE; AND/OR (III) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL CURRENCY HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT LEZHIN HAS MADE OR WILL MAKE TO OUR SERVICE.

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.
  • LEZHIN 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 LEZHIN or other users (including without limitation chat text and voice communications) when you are using our Service.
  • We are pleased to hear from our customers and welcome their comments regarding our Service. Unfortunately, however, it is our policy to not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of LEZHIN. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of LEZHIN, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

9. SERVICE LIMITATIONS

  • LEZHIN 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 LEZHIN 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 NOTICES & COMPLAINTS

LEZHIN respects the intellectual property of others, and we ask our users to do the same. LEZHIN 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 LEZHIN 's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. 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
  6. 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.

LEZHIN's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

LEZHIN Copyright Agent
3003 N. 1st St., Suite 204
San Jose, CA 95134
Email: us@lezhin.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 LEZHIN 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 LEZHIN 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 LEZHIN, OUR LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "LEZHIN PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE OR LEZHIN 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 LEZHIN APPS, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE OR LEZHIN APPS.
  • YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR LEZHIN APPS IS AT YOUR SOLE RISK. OUR SERVICE, LEZHIN 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, LEZHIN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE, LEZHIN APPS OR ANY CONTENT APPEARING ON OUR SERVICE. LEZHIN 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 LEZHIN PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR LEZHIN APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF LEZHIN 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 LEZHIN 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 LEZHIN PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH LEZHIN 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 LEZHIN 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 LEZHIN EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.

15. INDEMNIFICATION

You agree to indemnify and hold the LEZHIN 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 LEZHIN 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 LEZHIN are of a unique and irreplaceable nature, the loss of which shall irreparably harm LEZHIN and which cannot be replaced by monetary damages alone. Accordingly, LEZHIN 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 State of California, USA, and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the state or federal courts located in Santa Clara County, California.
  • 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 LEZHIN 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, LEZHIN shall be entitled to recover attorneys' fees and costs up to $2,000, provided that LEZHIN has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. TERM & 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 LEZHIN 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. ASSIGNMENT

You may not assign, delegate any performance, or otherwise transfer by operation of law or otherwise any of the rights or licenses granted to you hereunder without our prior written consent therefor. LEZHIN may assign these Terms, and our obligations thereunder, to any person or entity at our sole discretion.

21. 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.

22. 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 LEZHIN 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.

23. NOTICES

We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to LEZHIN required according to these Terms must be in writing and addressed to help@lezhin.com, unless we have provided a more specific method of notifying us.

24. TECHNICAL & CUSTOMER SUPPORT

Subject to the other provisions of these Terms, LEZHIN 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@lezhin.com.