TERMS OF USE

CURRENT VERSION: September 29, 2022

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING TOKYOPOP’S SITES. TOKYOPOP Inc. and TOKYOPOP Media LLC (collectively "TOKYOPOP") provide its web sites, applications and all site-related services (collectively, the "Sites") subject to your compliance with the following terms and conditions (the "Terms of Use"). BY USING THE SITES, YOU CONFIRM YOUR AGREEMENT WITH THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND/OR PRIVACY POLICY, PLEASE DO NOT USE THE SITES. IF YOU ARE A MINOR, PLEASE REQUEST AND RECEIVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SITES INCLUDING THEIR REVIEW AND AGREEMENT WITH THESE TERMS OF USE AND PRIVACY POLICY ON YOUR BEHALF.

1. Modification, Changes or Updates to the Sites and these Terms of Use. TOKYOPOP reserves the right, in its sole discretion, to modify, change or update these Terms of Use at any time. Such modifications, changes or updates shall become effective upon posting of such modifications, changes or updates on the Sites. Please regularly review and be aware of the current Terms of Use. You can determine when the Terms of Use were last updated by referring to the "CURRENT VERSION" date stamp at the top of these Terms of Use. If you have any questions or concerns regarding the meaning or application of these Terms of Use, please direct such questions to: shop@tokyopop.com. In addition, when using the Sites, you agree that you are subject to any additional posted guidelines, rules, or terms and conditions applicable to services made available on the Sites, which are hereby incorporated into these Terms of Use.

We reserve the right, at anytime, to temporarily or permanently modify or discontinue one or more Sites, or any portion thereof, including any products, features, campaigns, promotions, content or other services offered on or through the Sites, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or services offered within. Your continued use of the Sites indicates your acceptance our Sites and the related any products, features, campaigns, promotions, content and/or other services.

2. License. You acknowledge that your use of the Sites creates a legally binding agreement by and between you and TOKYOPOP, and that these Terms of Use are entered into by and between TOKYOPOP and you ⎯ and not with any third party distributor or operator of any platform through which you obtain or access the Sites (a "Third Party Distributor").

The Sites, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, data and meta-data), documentation and all design including fontography, are licensed to you by TOKYOPOP for your own personal, non-commercial use, subject to the following: Neither title nor any intellectual property rights are transferred to you, but rather remain with TOKYOPOP, who owns full and complete title, and TOKYOPOP reserves all rights not expressly granted to you. The rights granted to you are non-transferable, and are limited to TOKYOPOP's intellectual property rights in the Sites and do not include any other patents or intellectual property rights. You may not make the Sites available over a network where it could be used on multiple devices at the same time. These Terms of Use do not grant you any rights to use TOKYOPOP proprietary interfaces or other intellectual property. Any use of the Sites in any manner not allowed under these Terms of Use, including, without limitation, resale, transfer, modification or distribution of the Sites or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Sites is prohibited. These Terms of Use do not entitle you to receive and does not obligate TOKYOPOP to provide documentation, support, telephone or chat-based assistance, or enhancements or updates to the Sites. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Sites. These Terms of Use are effective until terminated.

YOUR RIGHTS UNDER THESE TERMS OF USE WILL TERMINATE AUTOMATICALLY WITHOUT NOTICE FROM TOKYOPOP IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS OF USE. UPON THE TERMINATION OF THESE TERMS OF USE, YOU MUST CEASE ALL USE OF THE SITES.

If you access the Sites through Apple, Inc. ("Apple"), you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and that Apple has the right and is deemed to have accepted the right to enforce these Terms of Use. You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. You further acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms of Use incorporate by reference the Licensed Application End User License agreement (the "LAEULA") published by Apple, third-party beneficiaries of these Terms of Use and that Apple has the right and is deemed to have accepted the right to enforce these Terms of Use. You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. You further acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms of Use incorporate by reference the Licensed Application End User License agreement (the "LAEULA") published by Apple, (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by email at info@tokyopop.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. Proprietary Rights in Materials on the Sites. TOKYOPOP and/or its licensors and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Materials") provided through the Sites. The Materials are derived in whole or in part from material supplied by TOKYOPOP and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices as provided by TOKYOPOP.

The trademarks, logos, and service marks displayed on the Sites (collectively, the "Trademarks") are the trademarks (registered and unregistered) of TOKYOPOP, its licensors and suppliers, and third parties. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of TOKYOPOP, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and TOKYOPOP will enforce its intellectual property rights in such Trademarks.

4. Submitted Content. While using the Sites, you may have the opportunity to post or transmit to the Sites notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Submitted Content"). By sending or transmitting Submitted Content to us, or by posting Submitted Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, make, have made, sell, offer for sale and import such Submitted Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You hereby represent and warrant that you have all rights necessary for you to grant the licenthird-party beneficiaries of these Terms of Use and that Apple has the right and is deemed to have accepted the right to enforce these Terms of Use. You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. You further acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms of Use incorporate by reference the Licensed Application End User License agreement (the "LAEULA") published by Apple, (a) provide accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Sites. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. You will be responsible for the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by email at info@tokyopop.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

5. Proprietary Rights in Materials on the Sites. TOKYOPOP and/or its licensors and suppliers own and retain all proprietary rights in the Sites and in information and materials provided through the Sites, including but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Materials") provided through the Sites. The Materials are derived in whole or in part from material supplied by TOKYOPOP and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices as provided by TOKYOPOP.

The trademarks, logos, and service marks displayed on the Sites (collectively, the "Trademarks") are the trademarks (registered and unregistered) of TOKYOPOP, its licensors and suppliers, and third parties. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of TOKYOPOP, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and TOKYOPOP will enforce its intellectual property rights in such Trademarks.

6. Submitted Content. While using the Sites, you may have the opportunity to post or transmit to the Sites notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Submitted Content"). By sending or transmitting Submitted Content to us, or by posting Submitted Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, ses granted in this section, and that the Submitted Content, and your provision thereof to and through the Sites, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Submitted Content that you may have under any applicable law under any legal theory.

TOKYOPOP reserves the right, but has no obligation, to (a) evaluate Submitted Content before allowing it to be posted on the Sites, and (b) monitor the Submitted Content posted on the Sites. You acknowledge and agree that TOKYOPOP may, in its sole discretion, (c) review, edit, reject, refuse to post and/or delete any Submitted Content; and (d) disclose any Submitted Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect TOKYOPOP and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Sites' users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. Notwithstanding these rights, YOU REMAIN SOLELY RESPONSIBLE FOR THE SUBMITTED CONTENT THAT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES.

We neither endorse nor are responsible for information or content posted in the public areas of the Sites, or for any opinion, advice, information, or other statement made or displayed on the Site by third parties. The opinions expressed in such postings reflect solely the opinions of the participants and may not reflect the opinions of TOKYOPOP. We are not responsible for any errors, omissions or unauthorized content in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable TO YOU for any loss or damage caused by your reliance on such information obtained through the Sites.

7. Creative Submissions/Communications. TOKYOPOP does not accept or consider creative ideas, suggestions or materials other than those TOKYOPOP has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TOKYOPOP or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any unsolicited creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed to be, and shall remain, the property of TOKYOPOP. None of the Information shall be subject to any obligation of confidence on the part of TOKYOPOP, and TOKYOPOP shall not be liable for any use or disclosure of any Information.

8. Rules of Conduct on the Sites. We expect users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section:

links to pirated music files;

contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

solicits personally identifiable information from anyone under 18;

harvests or collects information about Site visitors without their express consent;

provides material that exploits people in a sexual or violent manner;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission, or those of any minor (regardless of whether you have the minor's or his or her legal guardian's consent);

tries to gain unauthorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information from other users for purposes that are commercial, unlawful, or otherwise contrary to these Terms of Use;

engages in commercial activities and/or sales without TOKYOPOP's prior written consent such as contest, sweepstakes, barter, advertising and pyramid schemes;

solicits gambling or engages in any gambling activity;

contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services, such as "hacking" or defacing any portion of the Sites; or

refers or links to any website or URL that, in the sole discretion of TOKYOPOP, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

- You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Sites without TOKYOPOP's prior written consent.

- You must use the Sites and Materials in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of users of the Sites by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted.

- You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. Although TOKYOPOP cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior express consent.

9. Online Purchases. If you wish to purchase digital subscriptions, products or services described on the Sites, you will be asked by TOKYOPOP or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by TOKYOPOP in the manner described in our Privacy Policy, which can be found here. You agree that all information that you provide to TOKYOPOP or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes and shipping charges relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply TOKYOPOP's endorsement of such products or services. TOKYOPOP reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to TOKYOPOP's acceptance of any order. Price and availability of any product(s) is/are subject to change without notice. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. TOKYOPOP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, acts or omissions of such advertisers or third parties on the Sites.

The term "digital product" refers to paid digital products available from TOKYOPOP, including TOKYOPOP digital subscriptions, which may or may not be made available via the Sites. TOKYOPOP reserves the right at its sole discretion to sell, market or promote digital products on the Sites.

When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. All digital product purchases are final and no refunds will be given.

10. Contests and Sweepstakes, and Other Activities. TOKYOPOP may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by TOKYOPOP and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

11. Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by TOKYOPOP or its subsidiaries and affiliates of the opinions or views expressed by these linked sites. TOKYOPOP has no control over these linked sites, and is not responsible for the availability of such sites, and TOKYOPOP does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such linked sites.

YOU AGREE THAT YOUR USE OF ANY LINKED WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY DATA, INFORMATION, CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

TOKYOPOP encourages users to link to our Sites. You may establish a link to the Sites, subject to the following express conditions: (a) the link from your site to the Sites does not state or imply any sponsorship or endorsement of your site by TOKYOPOP, its affiliates, or any company, group or individual affiliated with TOKYOPOP; (b) you may not reproduce or otherwise commercially exploit any Site or any intellectual property contained therein in any manner or medium whatsoever, nor may you allow or authorize others to do so; (c) your site may not include, advertise or be associated with any of the following items: (1) firearms, fireworks, ammunition and other weapons; (2) tobacco products; (3) alcoholic beverages; (4) "adult" or sex related items; (5) legal or illegal gambling; (6) illegal drugs; (7) unlawful, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar or obscene communications; (8) computer worm, virus, hacking or spam; or (9) any unlawful activity; (d) you do not use on your site any Trademarks or Materials appearing on the Sites, including but not limited to any logos or characters, without our prior express written consent or the consent of any third party owner of such Trademarks or Materials; and (e) you may not frame or otherwise incorporate into another website any of the Materials on the Sites without our prior express written consent.

12. Copyrights and Copyright Agent. If you believe in good faith that materials hosted by TOKYOPOP infringe your copyright under U.S. law, please provide TOKYOPOP’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the "DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Notices with respect to the Sites should be sent to:

DMCA Claims
c/o TOKYOPOP
4136 Del Rey Ave, Suite 502
Marina del Rey, CA 90292
+1-323-920-5967

Email: info@tokyopop.com

13. User Disputes. You are solely responsible for your interactions with other users. TOKYOPOP reserves the right, but has no obligation to monitor communications and any disputes between you and other users.

14. Disclaimers and Limitation on Liability. Your use and browsing of the Sites is at your risk. If you are dissatisfied with anything contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.

TOKYOPOP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. TOKYOPOP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Sites. Under no circumstances will TOKYOPOP be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites or any Materials posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. TOKYOPOP cannot guarantee and does not promise any specific results from use of the Sites.

NEITHER TOKYOPOP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF TOKYOPOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT EITHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MAXIMUM LIABILITY TO TOKYOPOP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. U.S. Export Controls. Materials downloaded from the Sites may be subject to United States export controls. No Materials may be downloaded from the Sites or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Materials from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Applicable Law; Disputes. These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Nevada, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Henderson, Nevada shall be the exclusive venue for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction in such courts.

17. Indemnification. You agree to indemnify, defend and hold harmless, TOKYOPOP, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) your use of, or activities in connection with, the Site, or (b) any violation of these Terms of Use by you. TOKYOPOP reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TOKYOPOP in asserting any available defenses.

18. Questions. The Sites are provided by TOKYOPOP. If you have any questions, comments or complaints regarding these Terms of Use or the Sites, please contact:

Digital Marketing Department
c/o TOKYOPOP
4136 Del Rey Ave, Suite 502
Marina del Rey, CA 90292
+1-323-920-5967

Email: info@tokyopop.com

19. Termination. These Terms of Use shall remain effective until terminated in accordance with their provisions. TOKYOPOP reserves the right to immediately terminate these Terms of Use, and/or your access to and use of the Sites or any portion thereof, at any time and for any reason, with or without cause, including without limitation, if TOKYOPOP believes, in its sole discretion, that you have violated or acted inconsistently with these Terms of Use. Upon such termination, your right to use the Sites shall immediately cease, and you shall destroy all Materials obtained from the Sites and all copies thereof, whether made under these Terms of Use or otherwise.

20. Entire Agreement. These Terms of Use contains the entire agreement between you and TOKYOPOP regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision or portion of these Terms of Use is held invalid, the remainder of this agreement and, if applicable, the affected provision shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.