Terms of Service
a. " Site ", means the domains mangacat.io, mangacat.co and yaoi.cat activated, controlled and made available for the use of the Users by the Company.
b. " Manga ", means computerized versions of original Comics conforming to a style developed in Japan in the late 19 th century, made available for the Users on the Site.
c. " Manga Readers ", means any User who chooses to purchase the right to use the Site in order to read a Manga displayed on the Site.
d. " Manga Creators ", means any User who uploads an original Manga to the Site for the use of Manga Readers and/or Manga Translators.
e. " Manga Translators ", means any User who uploads to the Site an original translation of a Manga displayed on the Site, for the use of Manga Readers.
f. " Uploaded Translated Manga ", means a Manga originally translated by a Manga Translator and uploaded to the Site.
g. " Uploaded Manga ", means a Manga uploaded to the Site by a Manga Creator.
h. " Readers Fee " means a fee stipulated by the Company, which shall be paid by the Manga Readers to the Company by Payment Credits, in order to receive a right to view and read a Manga available for the User on the Site.
i. " Translators Fee ", means a fee that shall be paid to the Manga Translators by the Company, which is equal to 20% of the Readers Fee actually received by the Company.
j. " Creators Fee ", means a fee that shall be paid to the Manga Creators by the Company, which is equal to 50% of the Readers Fee actually received by the Company.
k. " Payment Credits ", means credit points of a User, which can be used by any Users to either: (1) pay the Company the Readers Fee; or (2) redeemed for cash (USD) paid by the Company.
l. "Services ", means the platform created and made available to the Users via the Site to upload Manga's and Translated Manga's, and to read Manga's as well as the rendering of related Services.
m. "Software ", means any software (including but not limited to software as a service [SaaS]), utility, tool, or other computer or program code, as well as the related documentation, provided by the Company and made available to the use of a User on the Site.
3. USING THE SITE:
b. The Manga made available for the Users are licensed, not sold to the User. No User is permitted to use any Uploaded Translated Manga and/or an Uploaded Manga other than via the Site. Any use made by a User in regard to a Manga displayed on the Site shall be for the own personal, non-commercial use of the User (except under the circumstances mentioned in Section 5.a.ii herein). The Users may not sell, resell, lease, redistribute, license, sublicense or transfer all or any, or use or store any Uploaded Translated Manga and/or an Uploaded Manga for any purpose other than as specifically authorized herein;
c. The User is solely responsible for securing any Manga downloaded by such User from the Site, and shall solely suffer any loss or damage caused to such Manga.
d. The Manga Creators may upload Manga's to the Site, and The Manga Translators may upload an original translation of a Manga to the Site. By uploading an Uploaded Translated Manga and/or an Uploaded Manga to the Site, the uploading User (as the case maybe) grants the Company a worldwide royalty free, nonexclusive right and license to access, reproduce, display, distribute, store and sell such uploaded material to other Users. All Users must use the Uploaded Translated Manga and/or an Uploaded Manga only via the Site.
e. The Users are prohibited from:
i. Using the Site in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other rights or that is misleading, deceptive or fraudulent.
ii. Using the Site to engage in any activity that violates any applicable laws, regulations or generally accepted industry guidelines. The User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability.
iii. Using the Site in any manner that might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age;
iv. Using the Site to interfere or attempt to interfere in any manner with the functionality or proper working of the Site, or any portion or feature of it.
v. Using any Manga presented on the Site in any method, way or manner other than via the Site. In this regard the Users are also prohibited from contacting any other User regarding the use or purchase of any Uploaded Manga, other than though the Site.
f. The Users may not directly or indirectly edit or modify, adapt, prepare derivative works from, decompile, reverse engineer, disassemble, copy, license, assign or attempt to derive source code from the Site or any Manga displayed on the Site.
a. The Company will make the Site available for the use of Users on their electronic devices as long as it meets the Company's recommendations for the use of the Site, which includes a compatible hardware, software and internet access.
b. The Company will make every effort to ensure that the Site is working properly and continuously. The Company does not warrant or guarantee that the Site will operate without interruption, errors and/or software glitches.
c. The Company will make every effort to protect the Site and its computer systems from intrusion and / or burglary, while implementing reasonable safeguards. The User acknowledges that the Company can't guarantee total immunity of the Site and the Company's computer systems from intrusion and / or hacking of hostile elements, which may disrupt and interfere with the normal activity of the Site.
d. The Company may at any time in its sole and absolute discretion, take any one of the following changes:
i. Close the Site or change the nature of its use.
ii. Modify or discontinue, in whole or in part, any aspect or feature of the Site, including the ability to browse the Site and read content contained on the Site.
iii. Change the access permission to the Site, including hours of operation of the Site or equipment (including hardware and software) needed to use the Site.
5. PURCHASES AND FEES
a. Any User has the right to enter the Site and act as a Manga Reader, Manga Creator and/or a Manga Translators. That being the case:
i. Manga Reader :
A Manga Reader may purchase the right to use the Site in order to read a Manga displayed on the Site. In order to do so, the Manga Readers are required to own Payment Credits, either by purchasing them via the Site at the price published in the Site (which may change from time to time) or either by gaining them as a Manga Translator and/or a Manga Creator as provided herein. The Manga Readers may choose to purchase the right to read an Uploaded Manga or an Uploaded Translated Manga. The Readers Fee of each Manga offered on the Site for the use of the Manga Readers shall be presented nearby the Manga.
Upon choosing the specific Manga a Manga Reader wishes to read, such Manga will be displayed to such Manga Reader for 30 seconds in order for him to verify he is about to purchase the right to view the Manga he actually wishes to read and that the quality of such Manga is satisfying. A specific Manga will be made fully available for use by a Manga Reader only upon payment of the relevant Readers Fee to the Company.
ii. Manga Creator :
A Manga Creator may upload his own Manga (one or more) to the Site. By uploading Manga's to the Site, the Manga Creator represents and warrants that: (a) he owns all intellectual rights necessary to properly make such Uploaded Manga available for use on the Site; (b) he has the right, power and authority to upload such Uploaded Manga to the Site; (c) uploading such Uploaded Manga does not result in the breach of any terms of, or constitute a default under, or conflict with any obligation of such Manga Creator; and (d) Any Manga uploaded to the Site by such Manga Creator is and will remain free of any viruses and malicious codes, content or links to web sites that contain content (or further links to content) which are illegal, defamatory, obscene, or hateful data, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Upon uploading an Uploaded Manga to the Site, such Uploaded Manga will be offered for use by Manga Readers (subject to payment of the Readers Fee) and to Manga Translators for translation of such Uploaded Manga to other languages. The Manga Creator will be eligible to approach the Company and request to receive the Creator Fee upon the Company actually receiving the respectable Readers Fee attached to an Uploaded Manga created by such Manga Creator. The Manga Creator will have the right to redeem his Payment Credits to cash, provided that at least $100 USD of his Payment Credits are redeemed at such time. The Manga Creator may also use his Payment Credits in order to pay the Readers Fee if such Manga Creator wishes to be a Manga Reader. For avoidance of doubt, a Manga Creator may also be eligible to approach the Company and request to receive the relevant Translators Fee resulting from a Readers Fee received by the Company due to purchasing the right to view an Uploaded Translated Manga which was both uploaded and translated by the same Manga Creator. It is further clarified, that in a case where a Manga Reader purchases the right to view an Uploaded Manga in the language it was originally uploaded to the Site by the Manga Creator, such Manga Creator be eligible to approach the Company and request to receive a Creator Fee and the relevant Translators Fee, under the terms mentioned above.
Notwithstanding anything to the contrary herein, a Manga Creator will have the right to purchase all and any translation rights of a specific Uploaded Translated Manga from a Manga Translator (and use them for its own needs including physically print it), provided that: (a) any communication and/or engagement between such Manga Creator and Manga Translator regarding a purchase of the translation rights of an Uploaded Translated Manga will be done solely via the Site and through the Company; and (b) such Manga Creator received the Company's and the Manga Translator's prior written approval to use the translation rights of such Uploaded Translated Manga.
iii. Manga Translator :
A Manga Translator has a right to use the Site in order to translate an Uploaded Manga from Japanese (only) to a language other than Japanese and thereafter upload such translation created (one or more) to the Site. A Manga Translator will not have the right to translate any Uploaded Manga other than from Japanese language. By uploading an Uploaded Translated Manga to the Site, the Manga Translator represents and warrants that: (a) he owns all intellectual rights necessary to properly make the translation of such Uploaded Translated Manga available for use on the Site; (b) he has the right, power and authority to upload his translation to such Uploaded Translated Manga to the Site; (c) uploading his translation to the Uploaded Translated Manga does not result in the breach of any terms of, or constitute a default under, or conflict with any obligation of such Manga Translator; and (d) Any translation uploaded to the Site by such Manga Translator is and will remain free of any viruses and malicious codes, content or links to web sites that contain content (or further links to content) which are illegal, defamatory, obscene, or hateful data, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Upon uploading an Uploaded Translated Manga to the Site, such Uploaded Translated Manga will be offered for use by Manga Readers (subject to payment of the Readers Fee) and to other Manga Translators (for translation of such Uploaded Translated Manga to other languages). The Manga Translator will be eligible to receive the Translator Fee upon the Company actually receiving the respectable Readers Fee attached to an Uploaded Manga created by such Manga Creator. The Manga Translator will have the right to redeem his Payment Credits to cash, provided that at least ___ of his Payment Credits are redeemed at such time. The Manga Translator may also use his Payment Credits in order to pay the Readers Fee if such Manga Translator wishes to be a Manga Reader.
b. Payment Credits are not for sale by any User. Any User that wishes to redeem Payment Credits to USD, must send a written redemption notice to the contact information of the Company provided below, mentioning all of the following:
i. Name of User.
ii. Email address of User.
iii. The number of Payment Credits such User wishes to redeem to cash.
iv. The bank account details of the User.
c. The value of each Payment Credits towards the USD will be linked to the exchange rate of USD and therefore may change from time to time. Therefore the User understands that the USD value of his Payment Credits at the time they are redeemed to USD may be worth a higher or lower amount of USD (as the case may be), then the amount of USD they were worth at the time they were gained/purchased by such User.
d. Notwithstanding the above, the Company may withhold any Creators Fee and/or Translators Fee if one or more reports were received by the Company regarding the quality of a specific Uploaded Manga or Uploaded Translated Manga (as the case may be) which allegedly would grant the relevant Manga Creator and/or Manga Translator to such fee (as describes in Section 12 herein), provided the Company sends a suitable notice to such Manga Creator and/or Manga Translator. Upon receipt of such notice, the Manga Creator and/or Manga Translator may improve such Manga and upload it once again to the Site. If the Company receives additional reports regarding the quality of such Manga (whether the Manga itself or the its translation), the relevant Manga Creator and/or Manga Translator will be prohibited from uploading to the Site such Manga or the translation attached to such Manga (depending on the complaint).
6. INFORMATION COLLECTED AND MONITORING
d. The Company may use "Cookie" technology to collect additional website usage data and to improve the Services provided to each User by the Site. A Cookie is a small data file that is transferred to the User's electronic device's hard disk. Most internet browsers automatically accept Cookies. The User may instruct its browser, by editing its settings, to decline acceptance of cookies, yet such settings may affect the User's possibility to use some of the Site's features.
e. In order to enable the User to use the Site and related Services, the Company may request certain information regarding the User, such as name and email address, while the Company may also collect details regarding the Users IP address. If the User chooses to use the Services on the Site, third parties may collect payment information, though the Company will not keep such information. Information the User provides the Company will be collected in order to improve the User's ability to use the Site as well as its quality and improving the Services provided for the Users on the Site. The information provided by the Users will be used only for (1) contacting the Users; (2) enabling the User's access to the Site and to use the Services; (3) paying and billing the Users for Fees resulting from the Users use of the Site; (4) identifying the content uploaded by the User to the Site; (5) making sure each User connects to his own account and preventing third party from connecting instead of such User; (6) collecting information regarding the Users use of the Site, including the content viewed by the Users using the site, Manga reading habits and time spent by Users on each Manga and any part thereof; and (7) adapting the Site's display to the language commonly spoken in the territory which the Users are located during their use of the Site, which the Company may use automatic decision making in order to do so.
7. INTELLECTUAL PROPERTY:
a. The User acknowledges and agrees that the Site is a proprietary product of the Company, and that all rights, titles, and interests in and to the Site, including associated intellectual property rights, including any patents, patent applications, copyrighted material and trade secrets, and all copies, revisions, modifications, updates and/or upgrades thereto, including all derivative works thereof, and shall remain the sole and exclusive property of the Company.
b. Notwithstanding the above, Mangas displayed on the Site are not owned by the Company, but rather:
i. A Manga Creator that uploaded to the Site an Uploaded Manga shall remain the sole owner of the Intellectual Property Rights attached to such Uploaded Manga.
ii. A Manga Translator that uploaded to the Site an Uploaded Translated Manga shall remain the sole owner of the Intellectual Property Rights attached to his translation of such Uploaded Translated Manga.
8. DISCLAIMER OF WARRANRIES
a. The User acknowledges and understands that the Site and any content on the Site are provided to Users “As Is” without any warranties of any kind whether oral or written, expressed or implied including the warranties concerning the quality of Mangas and/or their translation. The Company expressly disclaims, and the User hereby expressly waives all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, accuracy, reliability and quality of the Site.
b. All Mangas displayed on the Site are owned and created by other Users and are not the property of the Company. The Company merely acts as an agent of such Users, enabling them to sell their Uploaded Translated Manga and/or Uploaded Manga and therefore such content is not under the Company's control. The Company does not warrant that the Site or Mangas offered on it will meet the Users requirements. If the User decides to use the Site, the Customer will take full responsibility for such use.
a. The User acknowledges that the User is solely responsible for any Mangas displayed on the Site. For example, the User will be solely responsible for:
i. Ensuring that the Manga/translation uploaded to the Site by a User do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
ii. Ensuring that the Manga/translation uploaded to the Site by a User are not libelous or otherwise illegal;
iii. Any claims relating to any Manga/translation uploaded to the Site submitted by other Users or other third parties.
10. RELEASE AND INDEMNIFICATION
a. The User hereby irrevocably and unconditionally releases and covenant not to sue or pursue any other claim against the Company for any and all damages, liabilities, causes of action, judgments, and claims which (1) pertaining to the Manga and/or translation uploaded to the Site by such User, or (2) any intellectual property the User develops that is based on, uses, or relates to such Manga or translation; and/or (3) which otherwise may arise in connection with the Users use of, reliance on, or reference to the Site.
11. LIMITATION OF LIABILITY
a. The Company its subsidiaries, affiliates, directors or employees will not liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages (including, without limitation, attorneys’ fees) (collectively, the "Damages"), arising out of the User's use or inability to use the Site. By way of example and not of limitation, the Company is not liable for Damages for: (i) loss of revenue, anticipated profits, business, savings, goodwill or data, and (ii) any failure of performance, error, omission, denial of service attack, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure.
b. Notwithstanding the above, if the Company is found to be liable by a final judicial ruling, the Company's liability to the User or to any third party shall be limited to the sums actually paid by the User to the Company during the past 12 months in connection with the Site.
12. REPORTS AND CONTACT DETAILS
a. Any User may from time to time elect to provide suggestions, comments, improvements, ideas or other feedback to the Company regarding the Site (" Feedback "). If the User elects to provide such Feedback, the User assigns all right, title and interest in and to such Feedback to the Company, and acknowledges that the Company will be entitled to use, implement and exploit any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.
b. Any User unsatisfied with the Uploaded Manga and/or the Uploaded Translated Manga for which the User payed the Readers Fee, may submit to the Company a bad reports regarding the quality of such Uploaded Manga and/or the Uploaded Translated Manga within 7days from paying the Readers Fee, describing the reason of such dissatisfaction (the " Report "). The Company may examine the arguments mentioned in the Report and may repay the Reader the paid Readers Fee. In such event, the Creator and/or the Translator shall not be eligible to receive their resulting Creators Fee and/or Translators Fee (as the case may be).
d. Such Feedbacks or Reports shall be sent to the following e-mail address of the Company firstname.lastname@example.org.
15. GENERAL PROVISIONS