Last Updated: 2025/01/29
This smartphone application “NOVELOUS” is operated by SHOGAKUKAN Inc. (“Company”, “we”, “us”, or “our”). These Terms of Use (these “Terms”) apply to this smartphone application and website “NOVELOUS” (https://novelous.net/) (collectively as the “Service”). Please read these Terms carefully. We set out legally binding terms regarding your use of the Service and our products and services on the Service. Your access to and use of the Service reflects your consent to be bound by these Terms.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO THESE TERMS, AND THAT YOU DO AGREE TO THESE TERMS. THESE TERMS INCLUDE PROVISIONS RELATING TO BINDING ARBITRATION, WARRANTY DISCLAIMERS, AND CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. If you do not agree to these Terms, or if you are not legally competent to agree to them, then you may not use the Service or any services offered on the Service.
Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms.
Your access to and use of this Service constitutes your agreement with Company to be bound by, and to act in accordance with, these Terms. From time to time, Company may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS OF USE, PLEASE DO NOT USE THE SERVICE OR THE SERVICE.
If you are an individual using the Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Service and to any such Organization.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. If you register an account on the Service (your “Account”), you: must not allow any third party to access the Service or your Account using the username and password (“Login Credentials”) we assigned to you during the registration process; are prohibited from using anyone else’s Login Credentials and password to access the Service or your Account; are responsible for any use of your Account by any third party who accesses the Service or your Account using your Login Credentials and/or password; will notify us immediately if you suspect any unauthorized use of your Account or of your Login Credentials; and are responsible for ensuring that any information that you provide to us as part of the account registration process is truthful, accurate, complete, and is kept up to date at all times, and you will notify us immediately of any changes to this information. We are not responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Service if your failure to keep your account information secure and confidential results in someone else’s use of your Account or account information.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of the Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Service owner's ability to monitor the Service; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Service.
We provide Japanese digital content issued by us and our affiliates (the “Content”) through the Service. You may obtain a non-exclusive right to access the Content (the “Access Rights”) on the Service only, and only as long as the Service remain operational, by using a certain number of “Coins” (for details, please refer to Article 5). However, some Content may be accessed free of charge without the use of Coins. The validity period of the Access Rights is specified for each piece of Content. For details on the valid period, please refer to the description provided for each piece of Content within the application.
In accordance with these Terms, if the Service is suspended or terminated, or if your Account is deregistered, deactivated, or suspended, the Access Rights will become invalid. Under no circumstances will the Access Rights be reactivated by us. Furthermore, the Access Rights represent permission granted by us to view the Content and do not constitute the transfer of ownership or intellectual property rights of the Content.
You can purchase digital credits, or “Coins,” through the Service (purchased Coins are referred to as “Paid Coins”). Please note that since the purchase of Coins is processed on each platform providing the application, Paid Coins cannot be transferred between different platforms (e.g., Coins purchased on the App Store cannot be transferred to an application downloaded from Google Play).
You need an Account to hold, accumulate and exchange Coins. Coins that are issued to you, earned by you, or purchased by you may be exchanged for reading digital content. Coins may not be sold, traded or otherwise transferred outside of the Service. Coins cannot be redeemed for cash unless required by law. Coins are offered at our discretion, and we may, at any time, terminate, change, limit, modify or cancel the Coin program or any rules or conditions of participation by posting modified rules on the Service. We reserve the right to void any Coins held by any person who have wrongfully received the Coins whether through deception, forgery, fraud or violations of our written rules. As a general rule, Coins purchased through the Service are non-refundable and cannot be returned under any circumstances.
You may receive Coins for free (“Free Coins”) in the following situations. However, these are merely examples. The methods for obtaining Free Coins are determined at our discretion. However, Free Coins are subject to an expiration date, and they will become invalid once the expiration date has passed. Under no circumstances will we reactivate expired Free Coins. The expiration date can be checked on the Service.
Other provisions regarding the handling of Coins are as follows:
By paying a designated membership fee, you can use the Coin subscription service (the “Subscription Service”). Through the Subscription Service, you will receive "Paid Coins" corresponding to the membership fee, along with a certain number of "Free Coins" as a bonus.
The Subscription Service will be automatically renewed unless you take steps to cancel it. We will automatically charge the payment method you specified on the calendar date corresponding to the start date of the Subscription Service for each renewal period. Please note that if you cancel the Subscription Service during a renewal period, the membership fee for that period will not be refunded.
For more details about the Subscription Service, please refer to the purchase screen displayed within the application.
When purchasing Coins or a Subscription Service, the price will be clearly displayed during the order process. You agree to pay the price indicated at the time of order, along with any applicable taxes. You also agree to the billing frequency specified at the time of order.
When using Coins to access Content, the number of Coins required will be clearly displayed during the access process. You agree to use the specified number of Coins indicated at the time of the access procedure.
We attempt to be as accurate as possible. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of any Service or product listing is accurate, complete, reliable, current, or error-free.
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), and your billing address. Any payment information entered on the Service information is sent to our third-party payment processor and not to us. By placing an order on the Service, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor.
We accept payment methods through the payment functions of the App Store and Google Play. Payments will be processed using the payment method you have registered on the App Store or Google Play.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED BY YOU IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THE SERVICE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.
All orders, purchases or transactions for the sale of goods made using the Service are subject to the terms and conditions of sale, found at TERMS AND CONDITIONS OF SALE also incorporated into these Terms.
Other than as expressly permitted in the next sentence, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Service or any content, information, software, products or services obtained from the Service without our prior written permission. You may view and display the public portions of the Service (that do not require password access) solely for your own internal, noncommercial, lawful use. You may only use restricted Service content subject to the expressly stated restrictions or limitations relating to specific material on the Service, and such other additional terms and conditions or agreements as we or our licensors or suppliers may require you to agree to as a condition to use such material. If you make other use of the Service and materials available through the Service, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not, directly or indirectly, (a) decompile, disassemble, or reverse engineer the Service or any portion thereof; (b) attempt to gain unauthorized access to the Service, any portion thereof, including content accessible via the Service, or any other system or platform through the Service; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calling or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Service or any content on the Service; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Service to its source. You agree that you will not use the Service in any manner that could damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
You will not use the Service to violate any applicable law, rule or regulation or any of these Terms and you will not encourage or enable others to violate any applicable law, rule or regulation or any of these Terms.
The Service contains valuable trademarks and service marks owned and used by us and our affiliate companies (collectively, “Our Marks”). Any use of Our Marks for any commercial purpose without our express prior written permission is strictly prohibited. The arrangement and layout of the Service, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material on the Service, are the sole and exclusive property of us or our licensors, or other suppliers. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You agree not to use the Service content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors’ or other suppliers’ intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SERVICE OR ANY CONTENT OR MATERIALS ON THE SERVICE FOR COMMERCIAL USES IS STRICTLY PROHIBITED.
From time to time, the Service may permit the submission of content, such as comments, reviews, or other content generated by you and other users (“User Content”). We are under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content (unless advertised to be paid content); or (3) to review, moderate, or respond to any User Content.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Service is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant that you own or have the legal right to use and authorize us to use, copy, or reproduce your User Content as set forth in herein, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content.
Without limiting the foregoing, you warrant and agree that your User Content shall not:
(i) violate, infringe, or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation
(ii) violate our Acceptable Use Policy set forth below in Section 14
(iii) in any manner violate the terms of use of any third-party website that is linked to the Service, including but not limited to, any third-party social media website
(iv) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(v) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms.
(vi) transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(vii) encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
(viii) give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
As between you and us, you will retain all of your ownership rights in and to your User Content. By submitting User Content, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that we (or our successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Service a non-exclusive license to view and access your User Content through the Service, to the extent permitted by the Service under these Terms.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. Please note that Service visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions. We reserve the right but is not obligated to monitor User Content or other content sent to or through the Service. We have the right (but not the obligation) to refuse, remove, edit or delete any User Content and/or to suspend or terminate any user's access to the Service for any reason – at our sole discretion, subject to applicable law. We take no responsibility for User Content.
We also have the right (but not the obligation) to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
By submitting User Content and otherwise using the Service, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant us all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Service to harm any person or entity, including us; (iv) impersonate any person or entity, including but not limited to, a representative of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Service; (vi) e-mail any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Service or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Service without their consent; (x) use the Service (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Service in any manner that could overburden or impair any of the Service or the networks or systems connected to the Service; (xii) use any device, software or instrumentality to interfere with the proper working of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or (xiii) use the Service for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating future litigation or arbitration, including using the Service in order to trigger or induce an alleged violation of any law.
In addition, you agree that you will comply with all applicable laws that relate to your use of or activities in connection with the Service. You also agree that you will not violate or attempt to violate the security of the Service. Violations of system or network security may result in civil or criminal liability. You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
We welcome your feedback, testimonials, comments, ideas and reviews about the services and products offered through this Service (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, such Feedback shall be deemed to be non-confidential, and you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully-paid up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
Your ability to access and use the Service remains in effect until terminated in accordance with these Terms. You agree that we, in our sole discretion, may terminate your Account and/or your use of the Service and if we believe that you have violated or acted inconsistently with these Terms or for any other reason in our sole discretion. We also may in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and you acknowledge and agree that we may bar any further access to the Service. Further, you agree that we will not be liable to you or any third-party for any termination of access to the Service. This sentence of this Section 16 and the provisions of the Intellectual Property, Feedback, Warranty Disclaimers, Indemnification, Limitation of Liability, Applicable Law and Forum sections, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
If you are under age 13, you are not allowed to use the Service. If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian.
The Service may contain links to third-party websites (“Other Services”) that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Services that are accessible by hyperlinks from the Service or link to the Service. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Services or any association with the operators of such Other Services. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party websites.
You agree that Company may send emails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.
Except as explicitly stated otherwise, any notices you send to us shall be sent to: 3-1. HITOTSUBASHI 2-CHOME, CHIYODAKU-, TOKYO, 101-8001 JAPAN. SHOGAKUKAN INC. In the case of notices we send to you, you consent to receive notices and other communications by: (i) posting notices on the Service, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR PARENTS, AFFILIATES, AGENTS AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS OR THIRD PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF THE SERVICE, INCLUDING ANY USER CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, (II) YOUR VIOLATION OF THESE TERMS, OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY OR OTHER SERVICE USER.
Your use of the Service is at your sole risk. THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE OR OUR PARENTS OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES CONTAINED THEREIN ON THE SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ACTUAL DAMAGES IN DISPUTE, NOT TO EXCEED THE TOTAL AMOUNT WHICH YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.
You understand that this Section 23 is an essential aspect of our ability to provide the Service to you, and that we would not be able to do so without these provisions. If you do not intend to honor this provision, do not use the Service.
For all disputes, you must first give Company an opportunity to resolve the dispute by writing us at 3-1. HITOTSUBASHI 2-CHOME, CHIYODAKU-, TOKYO, 101-8001 JAPAN. SHOGAKUKAN INC., and providing the following information: (1) your name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single Dispute between you and Company. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.
Both you and Company agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.
Any claim between you and Company related to these Terms or your use of this Service, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration.
You and Company further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms or your use of the Service, by whatever means, between you and Company, shall be resolved in its entirety on an individual basis (not class wide or collective) through binding arbitration.
Any dispute regarding the scope of this Arbitration Agreement shall be decided by the arbitrator.
You and Company agree that that any arbitration under this Arbitration Agreement will take place on an individual basis, except as otherwise provided below, and that proceedings as a private attorney general are not permitted.
If any dispute between you and Company is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Company may initiate arbitration proceedings. Any controversy or claim arising out of your use of this Service or these Terms shall be settled by binding arbitration before Japan Commercial Arbitration Association(“JCAA”) in Tokyo in accordance with the Commercial Arbitration Rules of Japan Commercial Arbitration Association. The award of such arbitration shall be final and binding upon you and Company, and the judgement upon such award shall be enforceable in any court of competent jurisdiction. The arbitration shall be conducted in [English] language. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
In the event of any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the dispute.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Your use of this Service, these Terms and any disputes arising under or related to these Terms or related to use of this Service (whether for breach of contract, tortious conduct or otherwise) will be governed under the laws of Japan without regard to any conflict of law principles.
These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Service. Neither the course of conduct between us nor trade practice shall act to modify these Terms. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.
The Service is operated in Japan and intended for use in the United States and Canada. We make no representation that the Service, or content or information available via the Service, is appropriate or available for use outside of the United States and Canada, and access to it from jurisdictions where the content is illegal and prohibited. Those who choose to access the Service from outside the United States and Canada do so at their own initiative and risk and are responsible for compliance with all applicable local laws.
We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Service, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon posting of revised Terms on the Service. Your continued use of the Service afterward will be deemed acceptance of the then-current Terms. We may modify or discontinue providing the Service more broadly, in whole or in part, at any time, for any reason, without prior notice.
If you believe that any content on the Service violates these Terms or your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
If you believe that this Service contains any material that infringes your or another party’s rights under the copyright laws, you shall provide notification to the following designated agent:
By Mail:
Online Manager (Legal Matter)
VIZ Media, LLC
1355 Market Street, Suite #200
San Francisco, CA 94103
By Email:
privacypolicy@viz.com
When sending an email to privacypolicy@viz.com, please include "NOVELOUS" in the email subject line.
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have any questions about these Terms or the Service, please feel free to contact us by email at support@novelous.net.