Terms of Use

The following terms and conditions (“Terms of Use”) govern your access to and use of Our “yomoyo” website (currently https://yomoyo.net/) and all subdomains and other internal pages thereof, and any successors of the foregoing (the “Site”) and related products, services, platforms or content provided therein, thereon, or through the Site (collectively, the “Services”). The Site is made available by Beaglee Inc. (“We” or “Our” or “Us”) and may include content, products, technology and services developed or provided by third party service providers.
By using the Services in any way, you accept and agree to these Terms of Use and to abide by all rules, terms, conditions, restrictions and notices in these Terms of Use. If you do not agree to these Terms of Use, you may not access the Site or use the Services in any way.

1. Definitions

  1. "Content" means the digital comics and other content (including digital content) provided on or through the Service.
  2. "Point(s)" means the virtual currency that you may purchase to allow you to access certain Content on the Site.
  3. “User(s)” means an individual or individuals that has/have registered for the Service pursuant to Section 2.

2. Membership Account

In order to use the Service, you must create a membership account on the Site (“User Account”), select a password, select a user name (“User ID”), and provide Us with certain information or data, such as your contact information (“Identity Authentication Information”). You promise to provide Us with accurate and complete Identity Authentication Information, and to update the same promptly if there are changes. You may not register a User ID or create a User Account using another person's Identity Authentication Information, a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
You will not share and transfer of your User Account, User ID or password with anyone. You shall be entirely responsible for maintaining the strict confidentiality of your User Account, User ID or password, and for all activities that are associated with your User Account.

3. Purchasing Points

  1. Users can purchase Points as needed. We reserve the right to change the purchase price for Points at any time. You agree that all Point sales are final and will not be refunded for any reason unless required by applicable laws. If required by applicable law, We will process refunds in accordance with the relevant laws.
  2. Points do not hold any “real world” value and you may not transfer, exchange or sell Points for real money, or exchange Points for value of any kind outside of the Services.
  3. Points may only be used through and by the User Account that purchased them. You may not merge multiple User Accounts and combine Points.
  4. We use a third-party payment processor (the “Payment Processor”) for processing the payment made by you to purchase Points. The processing of payments for the purchase of Points will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. You agree to pay Us, through the Payment Processor, all charges at the prices then in effect for the Points in accordance with the applicable payment terms, and you authorize Us, through the Payment Processor, to charge your chosen payment provider.
  5. Points will be credited to the User Account immediately after purchase. Points will not expire, unless required by applicable law.
  6. If a third party uses your User Account to spend your Points, We will not return or refund any of your Points.

4. Viewing and Accessing Content

In order to view certain Content, you may need to purchase the Content, or access thereto, with Points.
The Content that can be viewed by a User is listed in "My Bookshelf" in the User Account.
Except as set forth herein, or as set forth elsewhere on or through the Services, the Content purchased with Points can be viewed free of charge as many times as you wish.

5. Conditions of Use

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet the foregoing requirement. If you are not at least 18 years old and cannot represent and warrant to the foregoing, you may not use the Services.

6. Intellectual Property Rights

We or Our third party licensors shall own all right title and interest in and to the Site, Service and Content, and all intellectual property rights and other rights therein. You acknowledge that the Content is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
Your use of the Services or Content does not grant you ownership of or any other rights with respect to the Services, any Content or any other content, data, or other materials that you may access on or through the Services. 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 the Services or any Content except as expressly authorized by these Terms of Use. We reserve all rights not expressly granted to you in these Terms of Use.

7. Prohibited Acts

You agree that you are responsible for your own conduct while accessing or using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable laws or regulations. You agree that you will not (and will not allow any third party to) provide or contribute anything to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights, publicity rights, privacy, or any other rights or interests of anyone else (including Us);
  2. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  3. involves copying, reproducing, storing, transferring, selling, displaying, redistributing, modifying, or preparing derivative works based on the Services or Content, in whole or in part, without Our prior written consent;
  4. involves exploiting the Services or Content for any commercial purpose, including the public display of the Content in a commercial establishment without Our consent;
  5. involves removing, circumventing, disabling, or altering the technical protection measures or the rights management information of the Services;
  6. involves removing any copyright, trademark or other proprietary rights notices contained in or on the Services, in whole or in part;
  7. involves evading the obligation to pay for Points charges or obtaining Points by fraudulent or dishonest means;
  8. promotes or encourages illegal activity, or violates any law or regulation, including, without limitation, any applicable privacy laws;
  9. attempts, in any manner, to obtain the User ID and/or password of other Users;
  10. violates the security of, damages, disrupts, or creates an undue burden on any computer network (including on the Services), or cracks any passwords or security encryption codes, including any cyberattack or other malicious attack;
  11. involves interfering with other Users’ enjoyment of the Services;
  12. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

8. Disclaimer of Warranties

WE PROVIDE THE SITE, INCLUDING, FOR CLARITY, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ON AN “AS-IS” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE ACCURACY, VALIDITY, CREDIBILITY, USEFULNESS, OR CONTENT OF INFORMATION, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SITE OR, FOR CLARITY, THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES OR CONTENT, OR THE MATERIALS AND FUNCTIONS RELATED THERETO, OR LOST PROFITS, LOST BUSINESS OR LOST SALES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR SERVICES, EXCEPT FOR OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITE OR SERVICES DURING THE ONE-MONTH PERIOD BEFORE THE OCCURRENCE OF THE ACTIVITY THAT LEAD TO SUCH DAMAGES, LOSSES OR CAUSE OF ACTION.

10. Privacy

In the course of your use of the Site, We may collect or you may be asked to provide certain personalized information to Us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in Our Privacy Policy (https://yomoyo.net/privacy-policy), which is incorporated herein by reference for all purposes.

11. Contact and Notice

For inquiries regarding the Service, please contact Us using the Contact Form (https://yomoyo.net/inquiry).
We will contact or send notices to you regarding the Services through the Site or using the email address provided by you to Us.

12. Suspension, Termination and Account Termination

We may temporarily suspend the Site or Service for any of the following reasons:

  1. Scheduled or emergency maintenance of system of the Service; or
  2. fire, flood, strike, labor trouble, riot, invasion, war, or any other cause beyond Our reasonable control.

We may, at Our sole discretion, change, remove or terminate access to the Content, Site or Services, or any part thereof, at any time for any reason (or no reason).
Notwithstanding the foregoing, We may terminate (or suspend access to) these Terms of Use, your use of the Services or your account for any reason (or no reason) in Our discretion, including your breach of these Terms of Use, including violation of Section 7, and you acknowledge and agree that We will have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to Us, to the fullest extent permitted by applicable law. In the event of such termination, you must cease all use of the Site, Services or Content, and We reserve the right to immediately revoke your access to the Site, Services or Content.
If you wish to cancel your User Account, please log in to your User ID and password and follow the cancellation procedure (https://yomoyo.net/my-page/settings) prescribed by Us. Upon completion of the cancellation procedure, all Points and Content associated with your User Account will be deleted. If the cancellation procedure is properly completed, We cannot restore or recover anything associated with such User Account. If a User Account has not been confirmed to be using the Service for more than three years, We may terminate such User Account.

13. Assignment

You may not assign, delegate or transfer these Terms of Use or any interest or obligation hereunder without Our prior written consent.
We may transfer, assign or delegate these Terms of Use, the Service or Our rights and obligations hereunder to any third party without notice, including as a result of a merger, spin-off or other business transfer.

14. Geographic Restrictions, Governing Law and Arbitration

We provide the Services for use by persons located in the United States. You are not permitted to access the Services outside the United States. We make no claims that the Site or Services are accessible or appropriate outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. Without limiting Our other rights herein, if you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and all liabilities related thereto.
These Terms of Use and the use of the Service shall be governed by and construed in accordance with the laws of New York.
Any disputes arising out of or in connection with these Terms of Use shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat and venue of the arbitration shall be New York City.

15. Amendment

These Terms of Use may be amended, as necessary, at Our sole discretion, provided that, We shall notify Users in advance through the Site or by any other means We deem appropriate.
When a User uses the Service after we post an amended Terms of Use, the User shall be deemed to have agreed to the amended Term of Use.

16. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
For purposes of these Terms of Use: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole; (iii) the word “or” has the inclusive meaning represented by the phrase “and/or”; and (iv) the word “discretion” will be deemed preceded by “sole and absolute.”
These Terms of Use constitute the entire agreement between you and Us, supersede all prior and contemporaneous agreements.
The provisions in these Terms of Use that must survive the expiration or termination of these Terms of Use in order to give effect to their intent and meaning will so survive. In addition, and without limiting the generality of the preceding sentence, the following Sections shall survive the expiration or termination of these Terms of Use: Sections 1, 6, 8-9, and 11-16.

Last Updated May 10, 2023