MANGA Plus by SHUEISHA Terms of Use
These terms of use set forth terms and conditions applying when you use the contents distribution services named as “MANGA Plus by SHUEISHA” provided by Shueisha Inc.
Article 1: Definition
In these terms of use, the following words shall have the following meanings:
- (1) “The Terms of Use” shall mean these terms of use applicable for MANGA Plus by SHUEISHA;
- (2) “Our Company” shall mean Shueisha Inc.;
- (3) “The App” shall mean “MANGA Plus by SHUEISHA,” an application service for electronic device provided by Our Company
- (4) "The Services” shall mean services that allow Users to view Contents using the App for a fee or free of charge.
- (5) “User(s)” shall mean customer(s) who use the Services (“use” shall include downloading and installing the App, unless clearly excluded by the context, and the same shall apply hereinafter.) as well as those who intend to become User(s).
- (6) “Monthly Subscription” shall mean the services included in the Services, defined in Article 6 hereunder.
- (7) “Contents” shall mean contents provided by the Services including texts, sentences, information, news, software, application, video, music, sound and image including manga. Contents also include links to other services than the webpages of the Services. Contents include those sold or provided with compensation (hereinafter referred to as “Paid Contents”) and those provided without compensation (hereinafter referred to as “Free Contents”).
Article 2: Scope of Application
- 1. The Terms of Use shall apply to any activity in relation to use of the Services, provided that the provisions concerning Monthly Subscription shall be applied to Users of Monthly Subscription. By using the App and the Services, Users have deemed agreed to the Terms of Use. Should you cannot agree to the Terms of Use, you cannot use the Application nor the Services.
- 2. If User is a minor, User shall obtain consent from his/her legal representative such as parent before using the Application and the Services.
- 3. If there are terms and conditions ancillary or in relation to the Terms of Use, such terms of use shall form a part of the Terms of Use (hereinafter, the “Terms of Use” shall include such terms and conditions.);
- 4. If there is a conflict between the Terms of Use and such terms of use stated in the preceding paragraph, the latter shall prevail.
- 5. In the event that any part of the Terms of Use is held by a court of competent jurisdiction to be illegal or invalid, the remaining terms and provisions shall survive, remain in full force and effect and continue to be binding.
Article 3: Indication and Change of the Terms of Use
- 1. The Terms of Use shall be showed to Users on the App or by other means that Our Company reasonably deems appropriate.
- 2. Our Company may change any terms and conditions of the Terms of Use from time to time. Our Company changes the Terms of Use when Our Company deems that change may be beneficial to Users or change may not be against the purpose of the Terms of Use and that change is reasonable taking into consideration relevant factors including necessity, reasonableness of the changed terms. Users shall agree in advance that, in such cases, individual agreements of Users are not necessary for change of the Terms of Use and changed Terms of Use shall apply to use of the App and the Services.
- 3. If Our Company deems that a change of contents stated in the preceding paragraph is important, Our Company gives advance notice for a period Our Company deems reasonable and indicates on the App the fact of change, contents of changed terms and effective date of the change.
Article 4: Use by Users
- 1. Users may download and install the App on their electronic device at no charge, and then use the Services with the App. The User may view Contents for free or with a paid Monthly Subscription. The User shall use the Services after carefully reading, understanding, and agreeing to all of the Terms of Use. The User may use the Services within the scope determined by Our Company according to the User's age, usage environment, and other conditions.
- 2. Users use the Services at its own responsibility. Users shall, at their responsibility, prepare and maintain equipment including mobile devices necessary to access and use the Services and take security measures including anti-computer virus, anti-unauthorized access and precaution of data breach appropriate for their own computer environment. All the costs relating to the uses of the Services including data transfer cost shall be borne by Users.
- 3. In no event shall Our Company be responsible nor liable for any damages Users may incur in relation to or arising out of use of the App.
Article 5: Purchase of Contents
- 1. Users can purchase Paid Contents included in the Services, or view Free Contents included in the Services at no cost. Further, in certain exceptional cases, Users who have not purchased Paid Contents included in the Services may obtain part of Paid Contents without compensation in accordance with the terms and conditions prescribed by Our Company.
- 2. When purchasing Paid Contents, Users will pay the price determined by Our Company, through payment method available through the App Store or Google Play.
- 3. Refunds, returns, or replaces will not be available to Users once Contents purchase procedure is completed, unless there is any defect in Contents.
- 4. Users acknowledge and agree that, in the event of any of the subsections below, they may not be able to continue using Contents, whether free or paid.
- (1) If the Users have deleted or uninstalled the App.
- (2) If the electronic device, to which the App was installed, undergoes a restoration procedure for any reason.
- (3) If an iOS or an Android is subject to version up and temporarily unavailable.
- (4) If Apple, Inc. discontinues sales or support of iOS devices.
- (5) If manufacturers of Android smartphones discontinue sales or support of Android devices.
- (6) In addition to any of the events listed above, any reasons attributable to Apple, Inc., Google Inc., or manufactures of Android smartphones or the Users.
- 5. In no event shall Our Company be responsible or liable for any damages caused by Users and/or third parties arising out or in relation to unavailability of the App and/or the Services due to the reasons prescribed in the preceding paragraph.
Article 6: Subscription Use
- 1. Users may choose monthly subscription course, under which User can download a certain number of contents from Paid Contents during a certain period of time in accordance with the terms and conditions prescribed by Our Company (the “Monthly Subscription”).
- 2. Unless User takes necessary procedure not to renew the Monthly Subscription at App Store or Google Play, as applicable, the Monthly Subscription will be automatically renewed and billed ("Automatic Renewal") repeatedly for the same length of period originally selected by the User. Details of the Monthly Subscription including Automatic Renewal, suspension and cancellation will be indicated on the App.
Article 7: Advertisement and Third Party Service
- 1. Our Company shall be entitled to place advertisement of Our Company and/or any third party at the App.
- 2. It is understood that any transaction and/or agreement between User and any third party whose advertisement is placed at the App shall be entered and performed between said parties. In no event shall Our Company be responsible or liable for any damages caused in relation to or arising out of the advertisement placed at the App.
- 3. A link to a third party website or application may appear in the Services. When the User uses such third party website or application, the User shall do so at its own responsibility, complying with the applicable terms of use and privacy policy provided by such a third party. A relevant third party may be responsible for such third-party website, application and other products and services, and act or omission of such third party. In no event shall Our Company be responsible or liable relating thereto.
- 4. A third party website may provide a link to the Services regardless of whether or not Our Company has approved to do so. In no event shall Our Company be responsible or liable any damages the User incur in relation to or arising out of such third party website.
Article 8: Contents
- 1. The User acknowledges and agrees that the Contents provided by the Services are not necessarily the same as the contents of those issued in paper medium.
- 2. The User acknowledges and agrees that Our Company may, at its discretion, change (including correction, erasure, addition of information etc.) the Contents at any time, e.g., after User’s browsing of the Contents.
- 3. In no event shall Our Company warrant that the Contents are safe, accurate, useful or non-infringing third-party rights etc.
Article 9: Prohibited Matters
- 1. The Users shall not be engaged in any activities falling under or likely to falling under any of the followings: In the event that such activity is recognized, Our Company, at its discretion, may take measures Our Company deems appropriate including suspension of whole or part of provision of the Services without prior notice to the User.
- (1) Use of this website for public transmission (including making transmittable to the public), grant of license to a third party, assignment, publication, use for business purpose, translation and duplication (including screen shot) for other purpose than the User’s private use, distribution, alteration of this website and Contents;
- (2) Erasing copyright credit of this website;
- (3) Segregating a program or part of a program from this website;
- (4) Reverse engineering, decompilation or disassemble;
- (5) Unauthorized access to and/or manipulation or elimination of the Application/the website;
- (6) Using this website and/or the Services by way of identity fraud;
- (7) Transmitting and/or making a third party receivable information containing harmful program;
- (8) Unauthorized access to, use of and/or interference of operation of facility or equipment of a third party for the Application of the Services (including telecommunication facility, computer, equipment and software Our Company prepared in order to provide the Contents or the Services);
- (9) Posting or other activity infringing rights of Our Company and/or any third party including legal rights such as copyright and trademark etc.;
- (10) By posting or by other activity, blaming, insulting, slandering or defaming, discrediting or invading privacy etc. of Our Company and/or any third party;
- (11) Posting discriminatory expression based on race, nationality, belief or sex etc., excessive violent expression, unpleasant obscene expression, expression aiding and abetting criminal activity and expression including anti-social contents or the like;
- (12) Posting for commercial purpose including sales, promotion and/or advertisement;
- (13) Posting for the purpose of dating with a person not acquainted with;
- (14) Posting personally identifiable information including name, address, telephone number, email address of his/her own or other person; or posting for the purpose of collecting personal information of another person;
- (15) Posting words, phrases, languages, texts ordinary users cannot read or understand;
- (16) Posting same contents excessively repeatedly: and
- (17) Other posting or activity against public policy or violating laws including copyright law or criminal law and/or posting or activity Our Company deems inappropriate.
- 2. Should any posting or activity falling under (9) through (17) in the preceding paragraph be recognized, Our Company may, at its discretion, eliminate the applicable posting without prior notice to the User; or Our Company may arrange that the User posting the applicable contents or other Users cannot browse the applicable contents.
- 3. In the event that Our Company deems necessary to protect rights and assets of Our Company including the Services; or to protect life, body or property of a third party, Our Company shall be entitled to disclose or provide contents posted by User or personally identifiable information of the User to a court or administrative agency including police.
Article 10 Copyright etc.
- 1. Intellectual property right including copyright (including copyright stipulated in Articles 27 and 28 of Japan’s Copyright Law; the same shall apply hereinafter) concerning this website, the Services and any and all information relating thereto shall belong to Our Company or the right holder who has granted license to Our Company. The User understands and agrees that he/she cannot use those beyond the scope prescribed in the Terms of Uses as stated herein and by Copyright Law. The User agrees that in no event shall he/she be engaged in any activity that infringes or likely to infringe rights of Our Company or any third party concerning this website and/or the Services.
- 2. The User agrees that while copyright of the contents of posting by the User belongs to him/her, Our Company shall have the exclusive license to use such contents by the User with or without alteration, free of charge, and that the User shall not exercise any moral right against such use by Our Company or a third party designated by Our Company.
- 3. The User shall obtain all the necessary approval from applicable author and/or right holder of the comment and/or portrait used at the post, if applicable, for such posting by the User and use of the same by Our Company or a third party designated by Our Company pursuant to the preceding paragraph.
Article 11: On Privacy
- 1. Our Company’s “Privacy Guideline” shall apply in relation to handling of privacy matter of the User.
- 2. The User preapproves that when the User uses the Services, depending upon what services the User actually uses, Our Company may collect user information (including information available from the device the User uses, e.g., IP address, identification information generated using cookie technology, activity history), provided that, in the case of EEA and UK Users, Our Company may collect those in accordance with their consents.
- 3. The User preapproves that Our Company shall be entitled to use data the User generated in relation to the Services (e.g., comment and nickname etc.) for Our Company’s promotion and advertisement purpose perpetually and free of charge. The User agrees that he/she makes any objection or otherwise making any claim against Our Company in relation to the use stated herein, provided that, in the case of EEA and UK Users, Our Company shall use those data in accordance with their consents.
Article 12: System Requirement for the Services
- 1. In order to use the Services, the User shall meet the system requirements that Our Company separately designate in relation to device, OS and browser software (hereinafter referred to as “Designated Requirements”). It is understood that under the circumstances not satisfying the Designated Requirements, the User may not use the Services properly.
- 2. The User understands and agrees that no warrantee is made by our Company as to the normal use of the Services even under the Designated Requirements.
- 3. Our Company reserves the right to change the Designated Requirements without prior notice. In no event shall Our Company be responsible or liable even when the User cannot use the Services or Contents normally due to change of the Designated Requirements. Further, in no event shall Our Company be responsible or liable when the User cannot use the Services normally because of change of circumstances due to change of device or update of OS or browser software.
Article 13: Purchase of Contents
In addition to provision of Monthly Subscription, Our Company may introduce purchase of the Contents through other services provided by Our Company or by other company. For the detail of the purchase, the User may refer to description of such other services provided by Our Company or by other company for details of purchase method and payment method etc.
Article 14: Suspension of the Services
- 1. Our Company may suspend provision of whole or part of the Services for the purpose of system maintenance from time to time. In such a case, Our Company notify the Users in advance; provided that in any of the following events, Our Company may suspend provision of whole or part of the Services without prior notice to the Users:
- (1) In case of maintenance of facility etc. of the Services for an urgent need;
- (2) Occurrence of operational or technical trouble including system trouble and interruption of communication line that is beyond control of Our Company;
- (3) Inability of provision of the Services due to fire, failure of electric power supply etc.;
- (4) Difficulty of provision of the Services due to natural disaster including earthquake, flood and tidal wave.
In the event that Our Company deems suspension is necessary for environmental, operational or technical reason.
- 2. While Our Company makes effort to provide the Services continuously, Our Company shall not owe any further obligation. Accordingly, the Users understand and agree that in no event shall Our Company be responsible or liable for any damages the User or any third party may incur in relation to or arising out of delay or suspension of provision of the Services due to the reasons listed in the preceding paragraph or otherwise.
Article 15: Suspension or Loss of Qualification to Use
- 1. Our Company may suspend or restrict to use the Services for a certain User in the event that Our Company deems such User falls under any of the followings:
- (1) The User is engaged in an act violating or likely to violate the Terms of Use;
- (2) The Services are not used for a long time by the User, e.g., no log-in for a long time;
- (3) Our Company deems it inappropriate for the User to continue to use the Services.
- 2. In the event that Our Company deems that the event stated in the preceding paragraph is solved or ceases, Our Company may, at its discretion, release the suspension temporarily.
Article 16: Prohibition of Assignment
The Users cannot assign, transfer, license, pledge or otherwise setting security on whole or part of User eligibility or right or obligation of the User.
Article 17: Dispute with a Third Party
- 1. Should dispute arises between the User and a third party in relation to the Services, the User shall resolve the dispute at its own responsibility and cost. The User shall indemnify and hold Our Company, other Users and a third party harmless from damages arising out of or in relation to such dispute.
- 2. The User shall indemnify and hold Our Company harmless from any claim, demand and damage (including reasonable attorney’s fee) arising out of or in relation to infringement of rights of third party.
Article 18: Cessation of the Services
- 1. Our Company may, at its discretion, cease whole or part of the Services at any time by giving prior notice to the Users.
- 2. A notice to the User will be given by posting at the Application or other method that Our Company deems reasonable.
- 3. Should the User incur any damages due to cessation of the Services, in no event shall Our Company be responsible nor liable.
Article 19: Limitation of Liability
- 1. Should the User cause damages to Our Company or any third party in violation of the Terms of Use or arising out of User activities, the User shall be liable for any and all of such damages.
- 2. In the event that the Terms of Uses are regarded as consumer contracts as defined in Article 2, Paragraph 3 of Japan’s Consumer Contract Law (Law number 61, 2000), the provision of the Terms of Use exempting Our Company completely from compensating a consumer for damages shall not apply. IN THAT EVENT, OUR COMPANY SHALL BE LIABLE ONLY FOR DIRECT DAMAGES THE USER INCURS ARISING OUT OF BREACH OF THE TERMS OF USE OR TORT BY OUR COMPANY (IN NO EVENT SHALL OUR COMPANY BE LIABLE FOR ANY SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFIT, ATTORNEY’S FEES NOR ANY DAMAGES SIMILAR THERETO), IN NO EVENT SHALL OUR COMPANY’S LIABILITY EXCEED THE TOTAL AMOUNT OF MONTHLY SUBSCRIPTION THE USER PAID (UP TO A MAXIMUM PERIOD OF TWELVE (12) MONTHS.). NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT OUR COMPANY IS FOUND GROSS NEGLIGENCE OR INTENTIONAL, SUCH LIMITATIONS SHALL NOT APPLY. LIKEWISE, IF THERE ARE MANDATORY LAWS AND REGULATIONS OF OTHER COUNTRIES APPLICABLE TO THE USER, THE CONTENT OF SUCH LAWS AND REGULATIONS SHALL APPLY.
Article 20: Language, Governing Law and Jurisdiction
The Terms of Use are made in Japanese and Japanese text is authentic. Any translation of the Terms of Uses into any other language shall be reference purpose only and in the event of any inconsistency with Japanese version, such portion of non-Japanese version shall not bind Our Company and the User. The Terms of Use are governed by and construed in accordance with the laws of Japan, without giving effect to any conflict of law principles. Any disputes regarding these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for the first instance.
History of the revisions:
Dated: January 21, 2019
Revised: October 4, 2023