Terms of Usage

Terms of Usage

Written: 27th July  2018

These Terms of Use (the “Terms”) is a binding agreement between the individual or the entity identified in your fablingverse.com account (“You”) and Fablingverse.

These Terms of Use (“Terms”) govern your use of The mobile comic store, digital comics  and story telling service (“Service”). Our website serves as an online library for stories from FABLINGVERSE and affiliates as well as a store for merchandise relating to Fablingverse. FABLINGVERSE includes its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

By using our Service, you agree to  be bound by these Terms, our Privacy Policy, and any other applicable policy, rules or codes of conduct relating to your use of our Service.  Please read the Agreement carefully. If at any point for any reason you do not agree to the then-current versions of the foregoing, your license to use our Service shall immediately terminate and you must stop using our Service.

Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other FABLINGVERSE rules or codes of conduct, policy, or terms, these Terms shall govern.

FABLINGVERSE may at any time amend this Agreement by publishing amended versions on FABLINGVERSE Website and/ or FABLINGVERSE App. You accept that by doing this, FABLINGVERSE has provided you with sufficient notice of the amendment.

1. DEFINITIONS

For the purposes of this Agreement:

“Digital Content” means digitized comic books, graphic novels, short stories, long stories, pictures and audio; including single issues and trade publications and other digital content provided on the Service.

“Merchandise’ means tangible items like clothes, cups, posters, costumes and as many items that are owned and sold by FABLINGVERSE through the website, app or at specific market places.

“FABLINGVERSE Website” means www.fablingverse.com.

“FABLINGVERSE App” means, collectively, FABLINGVERSE’s digital content reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.

“Service” means the service of Digital Content provided by FABLINGVERSE and its affiliates and subsidiaries to the users through FABLINGVERSE Website and FABLINGVERSE App.

“User Postings and content” means certain features of our Service which enables you or other end users to post on our Service, or submit to us, content, including text, data, photographs, graphics, images, information, and any combination of these elements.

2.    APPROPRIATE AGE OF USER

YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE OF LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO A BINDING CONTRACT. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 14. IF YOU ARE 14 OR UNDER, OR HAVE NOT ACQUIRED YOUR GUARDIAN’S PERMISSION TO USE THIS SERVICE, YOU ARE UNAUTHORIZED AND UNLICENSED TO USE THIS SERVICE, HENCE PROHIBITED FROM USING OUR SERVICE..

3.    AMENDMENT TO TERMS & OUR SERVICE

  1. AMENDMENTS

We reserve the right, in our sole discretion, to revise and change these Terms of Use at any time. We will post any such changes on this Website, in his location. For that reason, we encourage you to periodically review these Terms of Use to keep yourself informed of any changes. Although it is your responsibility to review these Terms from time to time, we will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. Revised terms become effective 3 days following its update. If you do not agree to the revised Terms, you must discontinue using our Services. Your continued use of FABLINGVERSE Website, FABLINGVERSE App and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

You agree that FABLINGVERSE retains the unrestricted right to modify any aspect of our Service. You acknowledge that FABLINGVERSE has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.

  1. UPDATES

In order to keep your FABLINGVERSE Website and/or App up-to-date, FABLINGVERSE may make available updates/upgrades to the website and/or app, develop patches, bug fixes, and other modifications to improve the performance of our Service (“Updates”).  If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the website and/or app.

4.    USE OF FABLINGVERSE WEBSITE AND APP

You will need certain equipments and/or resources in order to use FABLINGVERSE website/app, such as Internet access, a mobile device or computer. It is your sole responsibility to procure these equipments and resources. You are responsible for all data charges you incur from using FABLINGVERSE website/app.

You may use FABLINGVERSE Website and FABLINGVERSE App, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.

5.     ACCOUNT

In order to access some features of our Service, you may be required to register an account with us. When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy. Our Privacy Policy is available on FABLINGVERSE Website and/or App and applies to your use of the Service. By using the Service and/or clicking the consent box under the Privacy Policy, you are agreeing to the terms of our Privacy policy as updated from time to time.

Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by  Fablingverse.

You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, FABLINGVERSE has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).

When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by FABLINGVERSE in our sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms.

You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify FABLINGVERSE immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by FABLINGVERSE. You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).

FABLINGVERSE will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by FABLINGVERSE due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make your account available to others.

FABLINGVERSE may deactivate your account without liability to you if you have not logged in to our Service using your account for over 2 year.

6.     VIOLATION OF THESE TERMS

You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in FABLINGVERSE ’s sole judgment).

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND FABLINGVERSE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

You further agree not to:

  • Interfere with our Service.
  • Access our Service by unauthorized means.
  • Use our Service for other than personal, non-commercial purposes.
  • Transmit or post content which consists of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
  • Transmit or post content which is illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable.
  • Post content on our Service which infringes the rights, intellectual property or otherwise, of any third party.
  • Any other violation of this Agreement and/or other policies laid down by FABLINGVERSE.
  • Reverse Engineer, Decompile, Disassembly, Circumvention, modify, reproduce, copy, disassemble, distribute, resell, or otherwise transfer FABLINGVERSE Website and/or App or any aspect of our Service, or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of FABLINGVERSE Website, FABLINGVERSE App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of FABLINGVERSE App; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.

7.    YOUR ACCESS TO OUR SERVICE

FABLINGVERSE Apps, our Service, and their content, features, and functionality are owned by FABLINGVERSE , our licensors, or other suppliers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in FABLINGVERSE Apps or our Service, ownership of which is retained by FABLINGVERSE, our licensors and our suppliers. FABLINGVERSE Apps and any content made available to you by FABLINGVERSE are licensed, not sold, to you for use only under these Terms. FABLINGVERSE reserves all rights not expressly granted to you.

Subject to these Terms and the payment of fees, where applicable, FABLINGVERSE grants you a personal, non-exclusive, non-transferable license, without right of sublicense, to (i) access and use our Service through Web Apps; and (ii) download and install Mobile Apps on devices within your possession and control. Our Service may only be used for your personal entertainment purposes, and not for any commercial purpose or for the benefit of any third party.

Virtual Currency: You understand that while at times you may “purchase” or be “credited” virtual currency for use within our Service (“Virtual Currency”), you do not own the Virtual Currency and the amounts of any Virtual Currency do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use that aspect of our Service, including software programs that occasionally manifest themselves as these items. Any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Currency is not redeemable for any sum of money or monetary value from FABLINGVERSE . Virtual Currency does not constitute a personal property right. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency or access thereto if we suspect, after reasonable investigation, that you have misused Virtual Currency or have otherwise used them to conduct any fraudulent or illegal activity. Unless otherwise specified or contemplated by the functionalities of our Service, Virtual Items are non-transferable to another person or account.

Expiration. Virtual Currency may be subject to expiration, which period will be specified when you make a purchase. No refunds are provided for expired Virtual Currency. Further, we may, for business or technical purposes and upon one month prior notice to you, discontinue the Virtual Currency aspect of our Service. In such case, all unused Virtual Currency will expire immediately on the specified discontinuance date.

Offline Content.  Certain functionalities of our Service may enable you to download content made available by FABLINGVERSE for offline access. FABLINGVERSE may place limitations on downloading and accessing such content, including, without limitation, the number of issues available at any given time and the length of offline availability.

8.    FEE-BASED SERVICES & PURCHASES

Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in Nigerian Naira. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. FABLINGVERSE may, from time to time (and upon notice of required by applicable laws), modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on our Service.

If you decide to access a paid aspect of our Service, or make any purchase, upon your acceptance of these Terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees, plus any applicable taxes we are required to collect, and you authorize us to do so. All posted prices on our Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

You may be directed to a webpage that is hosted by a third party payment service and not by FABLINGVERSE (such page, the “Payment Service Page”). You will be asked to supply certain information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of use and privacy policy of that payment service, rather than these Terms and FABLINGVERSE’s Privacy Policy. FABLINGVERSE has no control over, and shall not be responsible for, any payment service’s use of information collected through the Payment Service Page.

By ordering a license to use Virtual Currency, you agree and accept that the Virtual Currency ordered will be promptly provided to you following completion of your purchase. You may also be required to agree to supplemental terms when making purchases.

You may not request a refund of your purchase of Virtual Currency. Refunds are also not provided if any content you purchase becomes unavailable to you due to your deleting them (and FABLINGVERSE is under no obligation to restore such deleted content), or where FABLINGVERSE  makes such content unavailable for legitimate business reasons. To inquire about refunds, please visit our Customer Support page or email us at help@fablingverse.com. If we determine that a refund is available to you (or unavailable, as the case may be), we will notify you via email that your request has been accepted (or denied, as the case may be). Where a refund request is accepted, it will be processed within 3 business days thereafter.

UNLESS OTHERWISE SPECIFIED IN THESE TERMS OR IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE FABLINGVERSE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST FABLINGVERSE , ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE “VALUE” OF VIRTUAL CURRENCY IF THE FABLINGVERSE DELETES THEM (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT); (II) A CLAIM FOR THE “VALUE” OF VIRTUAL CURRENCY THAT YOU MAY LOSE IF THE FABLINGVERSE STORE DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, POLICIES, RULES OF CONDUCT, AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN OUR SERVICE; AND/OR (III) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL CURRENCY HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT THE FABLINGVERSE HAS MADE OR WILL MAKE TO OUR SERVICE.

9.    USER CONTENT AND UNSOLICITED SUBMISSIONS

Users agree to follow the following guidelines for posting content to the Service:

As a FABLINGVERSE account holder, you may post and submit feedback, questions, pictures, topics, comments or other information. User submitted content are collectively referred to as “Content.” You understand that whether or not such Content is published, fablingverse.com does not guarantee any confidentiality with respect to any Content;

By Posting content, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content you Post throughout the world in any media. You also hereby grant each user of our Service a non-exclusive license to access content you Post, and to use, reproduce, distribute, display and perform such content, each in the manner contemplated by our Service and these Terms.

You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you Post and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of content you Post as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you Post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” (iv) content you Post may be copied by other users of our Service; and (v) if you do not have the right to Post content for such use, it may subject you to liability.

FABLINGVERSE takes no responsibility and assumes no liability for any content Posted by you or any third party. We have no obligation to monitor content Posted on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse to post, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with FABLINGVERSE or other users (including without limitation chat text and voice communications) when you are using our Service.

We are pleased to hear from our readers and customers and welcome their comments regarding our Service. Unfortunately, however, it is our policy to not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the property of FABLINGVERSE . None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of FABLINGVERSE, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

10.  SERVICE LIMITATIONS

FABLINGVERSE makes no uptime guarantee whatsoever regarding our Service. Our Service is intended to be reliable, but is not intended to be reliable or available at all times. Our Service is subject to interruptions, and you agree that FABLINGVERSE will not be responsible or liable for any loss or damage whatsoever resulting from any failure or delay of our Service.

Our Service may be temporarily suspended without notice to you. Suspension of our Service may result from a variety of reasons, including system failure, maintenance, or other circumstances. You agree that you will not be entitled to any refund or compensation for such suspensions.

11.       COPYRIGHT NOTICES & COMPLAINTS

  1. INTELLECTUAL PROPERTY AND OTHER RIGHTS

FABLINGVERSE Website, FABLINGVERSE App and/or Digital Contents and Merchandise are owned and operated by FABLINGVERSE and Digital Contents and Merchandise are licensed by the copyright owner to FABLINGVERSE. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the Federal Republic of Nigeria relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Digital Content, merchandise, and the Service, including intellectual property rights herein and thereto, are the property of FABLINGVERSE or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. FABLINGVERSE reserves all rights not expressly granted in this Agreement.

  1. REPORTING COPY RIGHT INFRINGEMENT

FABLINGVERSE respects the intellectual property of others, and we ask our users to do the same. As part of fablingverse.com’s copyright policy, fablingverse.com may terminate user access to the Service if a user has been determined to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send FABLINGVERSE a mail via — including the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. A statement by you stating that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. Your contact information so that we can get in touch with you (email address is preferred).
  6. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (your address, telephone number, and email address).
  7. In the meantime, the content will be taken off the site until the copyright issue is resolved

* Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Make sure you know whether the content you have seen on fablingverse.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

  1. USER POSTING AND CONTENT

FABLINGVERSE and its affiliates shall have the right (but not the obligation) in their sole discretion to refuse or remove any inappropriate content as stipulated in this Policy, FABLINGVERSE and its affiliates shall have the right to remove any content that violates the Policy, are deemed inappropriate as defined in this Policy or is otherwise objectionable, as well as terminate your access to the Website. You agree that FABLINGVERSE has no liability or responsibility for the storage or deletion of any User Postings or Comments that you submit or post.

Post types that may be refused or removed from Fablingverse

  1. Malicious or Hateful User Postings
    • Hate speech or Content that promotes or encourages violence or has the primary purpose of inciting hate towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc.
    • Revealing an individual’s personal information (e.g. real name, contact information, address, social security numbers etc.)
    • Abusive Comments or Content.
    • Incitement to harass other Creators or Users.
    • Threatening, bullying or abusing to harass, upset, alarm, or embarrass another Creator or User.
  2. Copyright
    • Posting, distributing or transmitting any third party’s copyrighted Content without the copyright holder’s consent.
    • Using a creative work commercially without proper permission.
    • Copying or linking materials from another website or service without permission.
    • Providing free downloads of copyrighted CDs, sharing serial numbers or CD keys, or selling backup CDs of copyrighted material.
    • Advertising freeware or malware sites.
    • Infringing any third party’s intellectual property right including, without limitation, copyright, trademark, design rights, patent rights, etc.
  3. Violent or Graphic User Postings
    • Glorification of self-harm or suicide • Gratuitous violence intending to be shocking, sensational or distasteful
  4. Spam and Advertising
    • Unsolicited or unwanted Content or links
    • Using automated means to increase view counts or perform social interactions
    • Creating multiple accounts to increase view counts or perform social interactions
    • Creating profiles or uploading Content with the primary purpose to drive traffic to external websites
  5. REPORTING INAPPROPRIATE CONTENT

Process for Reporting Inappropriate Content

  • If the same Content is reported repetitively and if we determine that the report is justified, the inappropriate Content may be removed.
  • If the same Content is reported several times, the service may automatically remove the Content until further review.
  • In cases where the infraction is not severe enough to be removed, a Mature notice will be applied.
  • In cases where the Content is found to be excessively inappropriate, the company may terminate a User’s membership and access to the Service and permanently block them from using it.
  • If you find your Content has been removed due to violation of this Policy, you may make revisions to your User Posting and then submit a request to FABLINGVERSE _help@fablingverse.com for a secondary review.
  • We will review your request within 10 business days and reverse the removal of your User Posting or provide you with further instructions.

*A User may report once per Content. If the reason for reporting the item is found unreasonable or unjustified, the reporter will not be allowed to write comments or make a report for 15-30 days. In cases where excessive wrongful reports have been made, FABLINGVERSE may terminate a User’s membership with FABLINGVERSE or block access to the Service without any prior notice.

  1. COUNTER-NOTICE

If you believe that your User Posting that was removed is not infringing, or if you have authorization from the copyright holder, the copyright owner’s agent, or pursuant to law, you may send a counter-notice to our registered email address FABLINGVERSE _help@fablingverse .com with the following information.

1.Your physical or electronic signature;

  1. Identification of the removed Content and the specific URL of the Content on LINE WEBTOON;
  2. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
  3. Your name, address, phone number, and e-mail address;
  4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

* When a valid Counter-notice is received, FABLINGVERSE may forward the notice to the Party who submitted the original copyright infringement notification. The original Notifying Party will then have ten (10) days to file legal action relating to the allegedly infringing material. Unless notice of legal action is received, the removed Content may be replaced in 10 business days or more at FABLINGVERSE ’s sole discretion.

12.     ADVERTISEMENT

FABLINGVERSE may provide its own advertisements or any third parties’ advertisements to You online or offline, including but not limited to, FABLINGVERSE Website and/or FABLINGVERSE App, pursuant to the Privacy Policy.

13.    LINKS

Our Service may contain Adverts and links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.

Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and FABLINGVERSE is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.

14.   THIRD PARTY MARKETPLACES

These Terms are between you and FABLINGVERSE only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps (“Marketplaces”). The Marketplaces are not responsible for Mobile Apps you download or the Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.

15. DISCLAIMERS

USE OF FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FABLINGVERSE OR AN AUTHORIZED REPRESENTATIVE OF FABLINGVERSE CREATES A WARRANTY, AND FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FABLINGVERSE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION . FABLINGVERSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. FABLINGVERSE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

16.   IMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE    USE OF FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FABLINGVERSE OR AN AUTHORIZED REPRESENTATIVE OF FABLINGVERSE CREATES A WARRANTY, AND FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FABLINGVERSE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION . FABLINGVERSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. FABLINGVERSE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR FABLINGVERSE APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN FABLINGVERSE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO ANY AMOUNTS YOU HAVE PAID FABLINGVERSE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. IF YOU HAVE NOT MADE ANY PURCHASES DURING THE 12 MONTH PERIOD PRECEDING YOUR CLAIM, YOUR SOLE REMEDY IS TO STOP USING OUR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF FABLINGVERSE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH FABLINGVERSE PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

FABLINGVERSE PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED FABLINGVERSE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.

TO THE EXTENT NOT PROHIBITED BY LAW, FABLINGVERSE AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF FABLINGVERSE WEBSITE, FABLINGVERSE APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, EVEN IF FABLINGVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

17. INDEMNIFICATION

You agree to indemnify, defend, and hold FABLINGVERSE and its affiliates harmless from any loss, liability, claim, or demand, causes of action, and expenses (including, but not limited to,  reasonable attorneys’ fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) made by any third party due to or arising out of your use of our Service or FABLINGVERSE Apps in violation of these Terms and/or any breach of your representations and warranties set forth herein and/or if content you Post to our Service causes us to be liable to another.

19. EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms to FABLINGVERSE are of a unique and irreplaceable nature, the loss of which shall irreparably harm FABLINGVERSE and which cannot be replaced by monetary damages alone. Accordingly, FABLINGVERSE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).

19. DISPUTES

The laws of the Federal Republic of Nigeria, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and FABLINGVERSE. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the Federal Republic of Nigeria. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Korea.

Any claim or cause of action arising out of or related to these Terms or the use of our Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

All claims you bring against FABLINGVERSE must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, FABLINGVERSE shall be entitled to recover attorneys’ fees and costs up to $2,000, provided that FABLINGVERSE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

20.   TERM & TERMINATION

The term of this Agreement will begin upon your acceptance of it and Terms will remain in full force and effect so long as you continue to use our Service, or until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your Program account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination.  Upon termination, the licenses granted to you by FABLINGVERSE shall cease, you may not be able to access your account, and you will promptly remove any Mobile App related to FABLINGVERSE from any device on which it is installed.in which event we will terminate your account, restrict your access to posting contents, cease selling you Digital contents, and merchandises within 5 business days from the date you provide us notice of termination.

In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Disputes”, and Sections 19 through 23, shall survive such expiration or termination.

Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement.

21. SEVERABILITY

The Agreement is the entire agreement between you and FABLINGVERSE regarding FABLINGVERSE Website, FABLINGVERSE App and/or Digital Content, FABLINGVERSE merchandise, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

22.  ASSIGNMENT

You may not assign, delegate any performance, or otherwise transfer by operation of law or otherwise any of the rights or licenses granted to you hereunder without our prior written consent therefor. FABLINGVERSE may assign these Terms, and our obligations thereunder, to any person or entity at our sole discretion.

23. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

24. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVE

These Terms are deemed accepted upon any use of our Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and FABLINGVERSE regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect.

25.    NOTICES

We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to FABLINGVERSE required according to these Terms must be in writing and addressed to help@fablingverse .com, unless we have provided a more specific method of notifying us.

26.     TECHNICAL & CUSTOMER SUPPORT

Subject to the other provisions of these Terms, FABLINGVERSE will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team; please e-mail us at help@fablingverse .com.

27.     Force Majeure

FABLINGVERSE .com will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labour conditions.

28.     Governing Law

  • This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria. The provisions of these terms of use are severable, and if any one or more provision may be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable.
  • Compliance with Law and Reservation of Rights. You must use FABLINGVERSE Website, FABLINGVERSE App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to FABLINGVERSE .

 

FABLINGVERSE Discover Uploading Policy

Last modified: July 1, 2018

This Discover Uploading Policy (the “Policy”) is an agreement between you and FABLINGVERSE CORP. (with its affiliates and subsidiaries, “FABLINGVERSE ” or “we”). By uploading a User Posting, and/or clicking on a button indicating your consent, you agree to be bound by the Terms of Use and terms of this Policy. FABLINGVERSE may at any time amend this Policy by publishing an amended version on FABLINGVERSE Website and/or FABLINGVERSE App. By agreeing to the Policy, you accept that FABLINGVERSE has provided you with sufficient notice of the amendment. If you do not accept these terms, then you may not upload any User Postings or use FABLINGVERSE Website, FABLINGVERSE App and/or Digital Content.

  1. FABLINGVERSE Discover and User Postings
  2. FABLINGVERSE Discover is a part of FABLINGVERSE Service (“Service”), which provides a platform to any Users of the Service to upload their webcomic content on FABLINGVERSE Service.
  3. Online Postings (“User Posting(s)”) include all the text, graphics, photos, sounds, comments, and other material that you may view on FABLINGVERSE Website and/or FABLINGVERSE App.
  4. FABLINGVERSE content (“Content”) includes the text, graphics, photos, sounds, and other material uploaded by Creators that you may view on FABLINGVERSE Website and/or FABLINGVERSE App.
  5. Written User Postings (“Comments”) include all statements made by Users that you may view on FABLINGVERSE Website and/or FABLINGVERSE App.
  6. You retain all of your ownership rights in and to your User Postings, including but not limited to the copyright to User Postings.
  7. By submitting User Postings, you represent and warrant to us that you own all of the rights to such User Postings and such use of your User Postings does not and will not (i) infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party; (ii) violate any applicable law or (iii) violate the rights of, or cause physical, financial, or other harm to, any person or entity. You acknowledge that your indemnification obligation as described in Terms of Use applies to your User Postings. Your User Postings may be used with or without the name you use in connection with such postings. You agree that FABLINGVERSE is not responsible for User Postings, whether by you or anyone else.
  8. In the case that a third party uploads similar or identical content or otherwise infringes your copyright, you indemnify and hold FABLINGVERSE , together with their respective officers, directors, owners, subsidiaries, affiliates, partners, agents, and employees harmless from and against any and all claims, damages, costs and expenses in any way related to or arising from such User Postings, including, without limitation, violation of any governing copyright laws. Please refer to “5. Copyright Infringement” if you believe a third party has infringed your copyright.
  9. You may delete the User Postings that you have submitted or posted on the Service.
  10. You acknowledge that FABLINGVERSE does not pre-screen any User Postings posted by you or other users, but that FABLINGVERSE and its affiliates shall have the right (but not the obligation) in their sole discretion to refuse or remove any inappropriate content as stipulated in this Policy, FABLINGVERSE and its affiliates shall have the right to remove any content that violates the Policy, are deemed inappropriate as defined in this Policy or is otherwise objectionable, as well as terminate your access to the Website. You agree that FABLINGVERSE has no liability or responsibility for the storage or deletion of any User Postings or Comments that you submit or post.
  11. User Posting Guidelines

① Malicious or Hateful User Postings
• Hate speech or Content that promotes or encourages violence or has the primary purpose of inciting hate towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc.
• Revealing an individual’s personal information (e.g. real name, contact information, address, social security numbers etc.)
• Abusive Comments or Content
• Incitement to harass other Creators or Users
• Threatening, bullying or abusing to harass, upset, alarm, or embarrass another Creator or User

② Copyright
• Posting, distributing or transmitting any third party’s copyrighted Content without the copyright holder’s consent
• Using a creative work commercially without proper permission
• Copying or linking materials from another website or service without permission
• Providing free downloads of copyrighted CDs, sharing serial numbers or CD keys, or selling backup CDs of copyrighted material
• Advertising freeware or malware sites
• Infringing any third party’s intellectual property right including, without limitation, copyright, trademark, design rights, patent rights, etc.

③ Mature or Sexual User Postings
• Any depiction of penetration or graphic intercourse, even if censored
• Full frontal or rear nudity in a sexual context
• Graphic masturbation
• Realistic depictions of genitalia
• Content containing nudity or other sexual Content may be allowed if the primary purpose and context is not gratuitously graphic

④ Violent or Graphic User Postings
• Glorification of self-harm or suicide • Gratuitous violence intending to be shocking, sensational or distasteful

⑤ Spam and Advertising
• Unsolicited or unwanted Content or links
• Using automated means to increase view counts or perform social interactions
• Creating multiple accounts to increase view counts or perform social interactions
• Creating profiles or uploading Content with the primary purpose to drive traffic to external websites