Terms and Conditions of Use
Term of Use
Welcome to the Romance Comics site (formerly ”Balloons & Chapters site”, and presently “Romance Comics Site”), a website owned and operated by SB Creative Corp.
- I. LICENSES AND RESTRICTIONS
- II. TRADEMARKS
- III. CONTENT
- IV. PRICES
- V. RISK OF LOSS
- VI. PRODUCT DESCRIPTIONS
- VII. AGE OF USERS
- VIII. TERMINATION OF USAGE
- IX. INDEMNITY
- X. PASSWORD AND ACCOUNT SECURITY
- XI. DIGITAL CONTENT
- XII. NOTICES
- XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
- XIV. SEVERABILITY
- XV. APPLICABLE LAW; JURISDICTION
- XVI. DISPUTE RESOLUTION
- XVII. DIGITAL MILLENIUM COPYRIGHT ACT
- XVIII. ADDITIONAL TERMS AND CONDITIONS
- XIX. ACKNOWLEDGMENT
- XX. MODIFICATION
I. LICENSES AND RESTRICTIONS
SB Creative Corp. grants the User a limited, non-exclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with SB Creative Corp.) of the contents of the Romance Comics Site, which includes the Digital Content, as defined in Section XI, ("Content"). eReader Software, as those terms are defined in Section XII below, and User Created Content, as that term is defined in Section XIII below. SB Creative Corp. further grants the User a limited, non-exclusive and revocable right to create a hyperlink to the Romance Comics Site so long as the link does not portray Romance Comics, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
modify, download (other than page caching, or with respect to Digital Content as set out in Section XII below), reproduce, copy, or resell the Romance Comics Site, the Content or any portion or derivative thereof;
commercially use the Romance Comics Site, the Content or any portion derivative thereof (unless User has a business relationship with SB Creative Corp.);
copy or download any User's account or profile information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Romance Comics Site or its systems, the Content or any portion or derivative thereof;
use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Romance Comics Site or its systems, the Content or any portion or derivative thereof for any purpose;
interfere or attempt to interfere with the proper working of the Romance Comics Site;
bypass any Romance Comics measures used to prevent or restrict access to any portion of the Romance Comics Site, the Content or any portion or derivative thereof;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Romance Comics;
use Romance Comics name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the Romance Comics Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require SB Creative Corp.'s express written consent (which may include a written agreement signed by an authorized representative of SB Creative Corp.). Any unauthorized use of the Romance Comics Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by SB Creative Corp.
SB Creative Corp., or their respective parents, subsidiaries, or affiliates, or third parties from whom SB Creative Corp. has permission, own the trademarks or service marks that are used on the Romance Comics Site and in connection with SB Creative Corp. ‘s eReader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Romance Comics and its licensors may not be used without prior written consent of SB Creative Corp. or its licensor, as the case may be. Without limiting the foregoing, no Romance Comics trademark or trade dress may be used in connection with any product or service that is not SB Creative Corp.’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Romance Comics.
User acknowledges that the Romance Comics Site contains Content, including Digital Content, as that term is defined in Section XI below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and SB Creative Corp. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Romance Comics Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the SBCr eReader Software, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, including Digital Content and the SBCr eReader Software, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
SB Creative Corp. is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. SB Creative Corp. has no editorial control over such Content. SB Creative Corp. is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of SBCr or any SBCr’s Provider, unless expressly stated otherwise. Neither SB Creative Corp. nor any SBCr’s Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the Romance Comics Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either SB Creative Corp. or any SBCr’s Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Romance Comics Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Romance Comics Site.
The price for an item on the Romance Comics Site may differ from the price shown in a User's shopping cart", it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Romance Comics Site. If the price for the item on the Romance Comics Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of SB Creative Corp., SBCr may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
In addition to independent sale mentioned above, SBCr also offers Monthly Subscription Plan for Harlequin Comics (Harlequin Subscription) which makes it available for purchasers to browse up to i)15 titles ,ii)20, iii)21 titles ,ⅳ)42 titles v) ,81 titles, or vi)162 titles of Harlequin Comics designated by SBCr within each month you purchase.
The Prices of Harlequin Subscription are i) US$9.99 per month, ii) US$39.99 per month, iii) US$4.99, iv) US$9.99, v) US$19.99 or vi) US$39.99 per month and once you purchase Harlequin Subscription, you can NOT cancel such purchase within the month you purchase.
The contract term of Harlequin Subscription is basically 1 month, and shall be extended and renewed for 1 month automatically unless the purchaser goes through the discontinuation procedure on the Romance Comics Site by the midnight time of the end of each month, in the basis of Pacific Standard Time(UTC-8) or if it is applicable to the Daylight Saving Time, in the basis of Pacific Daylight Time (UTC-7).
On the 1st day of every month, The content(s) of Harlequin Subscription will be changed to other i)15 titles of 15 titles, ii)10 titles of 20 titles, iii) 7 titles of 21 titles, iv) 14 titles of 42 titles ,v) 27 titles of 81 titles, vi)54 titles of 162 titles. The total number of titles to be browsed by purchasers remains unchanged as i)15 titles ,ii)20, iii)21 titles ,ⅳ)42 titles v) ,81 titles, or vi)162 titles per month.
In addition to English language version, SBCr offer the other language(s) version as mentioned below (aggregately “Other Languages Subscription”);
i) Indonasian language version(PROGRAM BULANAN): 18 titles per month (to be renewed by whole 18 titles on the 1st day of every month) for US$7.99
The above mentioned Other Languages Subscription(s) is (are) available to browse as same terms and conditions as English language version, unless otherwise provided herein.
Please note that the purchasers of Harlequin Subscription will NOT be provided with the Points as stated below. Provided, however that, SBCr may grant Points in accordance with campaigns made by SBCr, time by time. For instance, SBCr offers 4 months-sequence campaigns in the subscription services stated as below;.
i). Romance Theme COURSE (US$9.99) 399 points
ii). PREMIUM COURSE (US$39.99) 1,599 points
iii). MONTHLY COURSE (US$4.99) 199 points
iv). MONTHLY COURSE (US$9.99) 399 points
v). MONTHLY COURSE (US$19.99) 799 points
vi). MONTHLY COURSE (US$39.99) 1,599 points
vii). PROGRAM BULANAN(US$7.99) 319pt
The above-mentioned campaign points will be granted automatically by the midnight time of 15th day of 4th month after 4 months-sequence applicable service(s) subscribed and paid, in the basis of Pacific Standard Time(UTC-8) or if it is applicable to the Daylight Saving Time, in the basis of Pacific Daylight Time (UTC-7). Such points shall be only valid and in effect until such purchaser quits “Romance Comics Site” User or “Romance Comics Site” service(s) is terminated.
Note that the terms and conditions of above-mentioned campaigns will be changed at any time on SB Creative’s own discretion.
SB Creative Corp. provides purchasers of Digital Content with “Points” as stated below, which can be used only for purchasing “3-days rental” service of Digital Content in the Romance Comics Site, and can’t be exchanged to any money/credit card refund/checks nor other monetary equivalent items.
Such “Points” shall be effective and usable within 1 year after relevant purchasing and it shall be invalid when the earlier timing of (i) after 1 year or (ii) the User cease using and leave the Romance Comics Site.
US$0.00～US$0.99:1pt for each US$0.1 purchase amount
US$1.00～US$1.99:10pt+1pt for each US$0.1 purchase amount exceeds US$1
US$2.00～US$2.99:20pt+1pt for each US$0.1 purchase amount exceeds US$2
US$3.00～US$3.99:30pt+1pt for each US$0.1 purchase amount exceeds US$3
US$4.00～US$4.99:40pt+1pt for each US$0.1 purchase amount exceeds US$4
US$5.00～US$5.99:50pt+1pt for each US$0.1 purchase amount exceeds US$5
US$6.00～US$6.99:60pt+1pt for each US$0.1 purchase amount exceeds US$6
US$7.00～US$7.99:70pt+1pt for each US$0.1 purchase amount exceeds US$7
US$8.00～US$8.99:80pt+1pt for each US$0.1 purchase amount exceeds US$8
US$9.00～US$9.99:90pt+1pt for each US$0.1 purchase amount exceeds US$9
US$10.00～US$10.99:100pt+1pt for each US$0.1 purchase amount exceeds US$10
above 11US$:110pt+1pt for each US$0.1 purchase amount exceeds US$11
(NOTE:Purchase amount of less US$0.1 shall not be counted.)
SB Creative Corp. may change point exchange rates stated above on its own discretion at any time, without any prior notice to the Users.
Please note that this policy regarding prices applies only to items sold and shipped by Romance Comics. Any purchases of Digital Content, as that Term is defined in Section XII below, or from any third-party sellers on the Romance Comics Site, may be subject to different policies in the event of an incorrectly priced item.
V. RISK OF LOSS
With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the Romance Comics Site pass to the User upon delivery of the item to the carrier.
VI. PRODUCT DESCRIPTION
The items offered for sale on the Romance Comics Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. SB Creative Corp. does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM ROMANCE COMICS THAT IS NOT AS DESCRIBED ON THE ROMANCE COMICS SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Romance Comics Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Romance Comics Site, we will remove that information as soon as possible.
VIII. TERMINATION OF USAGE
In certain cases, in SBCr's sole discretion, SB Creative Corp. may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Romance Comics Site has been terminated including the right to use, access or create any account thereon; (ii) that Romance Comics refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
X. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Romance Comics Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Romance Comics account using an old e-mail address, such User will not receive messages from Romance Comics about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's Romance Comics account or within the Romance Comics Site.
XI. DIGITAL CONTENT
Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must open and use its PayPal account, or (for respective purchase, not monthly subscription) resister User’s own credit card designated by SBCr otherwise. At the time of confirmation made by PayPal or credit card, SB Creative Corp. grants User a non-exclusive, revocable license to download and make personal, non-commercial use of the SBCr eReader Software. SBCr eReader Software is solely for the purpose of streaming, reading and using Digital Content.
Digital Content is only available for purchase on US$ basis by Users with a PayPal or credit card.
SB Creative Corp. reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the SBCr eReader Software or Digital Content; (ii) create derivative works from or of the SBCr eReader Software or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the SBCr eReader Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.
You may post reviews or comments to Digital Content. In that case, SB Creative Corp. reserves the right (but not the obligation) to remove or edit such reviews or comments.
If you post reviews or comments to Digital Content, you grant SB Creative Corp. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such reviews or comments throughout the world in any media. You grant SB Creative Corp. and sublicensees the right to use the name that you submit in connection with such reviews or comments. You represent and warrant that you own or otherwise control all of the rights to the reviews or comments that you post; that the reviews or comments is accurate; that use of the reviews or comments you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SB Creative Corp. for all claims resulting from reviews or comments you supply. SB Creative Corp. has the right but not the obligation to monitor and edit or remove any reviews or comments. SB Creative Corp. takes no responsibility and assumes no liability for any reviews nor comments posted by you or any third party.
User consents to receive electronic communications from SB Creative Corp., whether addressed to the e-mail address associated with such User's Romance Comics account or posted on the Romance Comics Site. User acknowledges and agrees that any communication via e-mail or by postings on this Romance Comics Site satisfies any legal requirement that such communications be made in writing.
Users also agrees to allow SB Creative Corp. to collect, hold and use User’s personal information including nick-name, gender, state of residence, date of birth and e-mail address.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
SB Creative Corp. is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Romance Comics Site or through the Romance Comics Services, whether caused by Users of the Romance Comics Site or the Romance Comics Services or by any of the equipment or programming associated with or utilized in the Romance Comics Site or the Romance Comics Services, including the SBCr eReader Software. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Romance Comics. Profiles and third party applications created and posted by Users on the Romance Comics Site may contain links to other websites. Romance Comics is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Romance Comics. Inclusion of any linked website on the Romance Comics Services does not imply approval or endorsement of the linked website by Romance Comics. When you access these third party sites, you do so at your own risk. Romance Comics takes no responsibility for third party advertisements or third party applications that are posted on or through the Romance Comics Site or the Romance Comics Services, nor does it take any responsibility for the goods or services provided by its advertisers. Romance Comics is not responsible for the conduct, whether online or offline, of any User of the Romance Comics Site or the Romance Comics Services. Romance Comics assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Romance Comics is not responsible for any problems or technical malfunction of the SBCr eReader Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Romance Comics Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or streaming materials in connection with the Romance Comics Site or Services. Under no circumstances shall Romance Comics be responsible for any loss or damage, including personal injury or death, resulting from use of the Romance Comics Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the Romance Comics Services, from the SBCr eReader Software, or from the conduct of any Users of the Romance Comics Site or Romance Comics Services, whether online or offline.
The Romance Comics Site and the SBCr eReader Software are provided by Romance Comics on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Romance Comics provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Romance Comics nor any Romance Comics Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Romance Comics Site, or the information, Content, including Digital Content and User Created Content, the SBCr eReader Software, and materials or products included thereon; (ii) that the Romance Comics Site or the SBCr eReader Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the SBCr eReader Software, or merchandise provided through the Romance Comics Site; or (iv) that the Romance Comics Site, its servers, the SBCr eReader Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of SB Creative Corp. are free of viruses, scripts, trojan horses, worms or other harmful components.
SB Creative Corp. does not guarantee the continuous, uninterrupted or secure access to the Romance Comics Site, the SBCr eReader Software, or any related services. The operation of the Romance Comics Site and the SBCr eReader Software may be interfered with by numerous factors outside the control of Romance Comics.
Under no circumstances shall SB Creative Corp. or any SBCr’s Provider be liable for any damages that result from the use of or inability to use the Romance Comics Site, including but not limited to reliance by a User on any information obtained from the Romance Comics Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Romance Comics' records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the SBCr eReader Software, merchandise, and services available through the Romance Comics Site.
Neither SB Creative Corp. nor any SBCr’s Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Romance Comics Site, the SBCr eReader Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if SB Creative Corp. or any SBCr’s Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XV. APPLICABLE LAW; JURISDICTION
Each of SB Creative Corp. and User agrees to submit to the non-exclusive personal jurisdiction of the courts located within Tokyo, Japan and waives any objection to the laying of venue of any litigation in said courts.
XVI. DISPUTE RESOLUTION
Alternatively, at SBCr's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Tokyo, Japan.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Romance Comics reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVII. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Romance Comics, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Romance Comics a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Romance Comics to locate the material on the Romance Comics Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Romance Comics a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
XVIII. ADDITIONAL TERMS AND CONDITIONS