Updated: Nov/27/2023

TERMS OF USE

 

These Terms of Use (“Terms”) govern your use of the “Read Me Manga” mobile application (the “App”), owned and offered by Trilogy, LLC (“we” or “our” or “us”) to registered users who have accepted these Terms (“you” or “your” or “user”). You and we may be referred to in these Terms as the “Parties.”

PLEASE READ THESE TERMS CAREFULLY. BY CHECKING THE “I AGREE” BOX, YOU ARE GIVING YOUR AFFIRMATIVE CONSENT TO THESE TERMS AND YOU ARE ATTESTING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. UPON GIVING YOUR AFFIRMATIVE CONSENT, YOU ARE CREATING A BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CONTINUE THE REGISTRATION PROCESS AND YOU MAY NOT USE THE APP.

WE MAY, IN OUR SOLE DISCRETION, UPDATE THESE TERMS FROM TIME TO TIME. THE DATE ABOVE REFLECTS THE MOST CURRENT TERMS. BY USING THE APP, YOU ARE AFFIRMATIVELY CONSENTING TO THE MOST RECENT TERMS AND ANY OTHER TERMS AND CONDITIONS THAT MAY ACCOMPANY NEW VERSIONS OF THE APP. 

THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY.

What the App Does 

Read Me Manga uses artificial intelligence and runs with ChatGPT to enable you to upload, read, and listen to your Manga and to create your own story lines and original content for and from your Manga (“User Content”).  

Manga and User Content Disclaimer

We do not own, control, review, or vet any original Manga content, nor do we own, control, review, or vet any User Content. You understand and agree that the new visual and auditory versions of your Manga that are “brought to life” through our App, and any User Content subsequently created from your Manga, has been partially generated by artificial intelligence. Your use of the App to generate new versions of your Manga, and your creation and use of User Content is at your sole risk and discretion. 

Right to Use Manga and License to User Content

By agreeing to these Terms you grant to us a non-exclusive, worldwide, perpetual license to upload, use, and share with other users the Manga content that you download through our App, the version of Manga that is created through and generated from our App, and any and all User Content that you create and upload through our App. You represent and warrant to us that you have all necessary rights to use Manga and to grant to us the foregoing licenses. You further agree to the “ChatGPT Terms” below.

User Registration Process

You may access the App through your Android®, iPhone®, iPad® or other mobile device by downloading the App from your carrier’s app store. In order to complete your download of the App you will be required to affirmatively consent to these Terms and any and all other terms and conditions that may be required by your carrier. After you have completed the App download and have affirmatively consented to these Terms and any other required documents, you will be asked to provide your email, your name, cell number. Using this information, we will send you authentication codes which you will use to verify your credentials using a multi-step authentication process. The information we collect from you during registration and thereafter is more particularly described in and subject to the terms of our Privacy Notice which is incorporated into these Terms. Please review our Privacy Notice to understand your rights. 

License to App

Subject to your completion of the foregoing registration process, and your affirmative consent to and continued compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the App from your Android®, iPhone®, iPad® or other mobile device for the following permitted purposes: to download your Manga, generate new visual and auditory versions of your Manga, create and share User Content, and access other users’ User Content. New versions of Manga generated and displayed through the App and new User Content are collectively referred to as “Output.” This license is solely for your personal use and subject to the restrictions below. No other rights are granted, whether express or implied.

License Restrictions

The App is provided to you solely for your personal, non-commercial use. You may not use the App within or to benefit any organization, and you may not share your personal login or profile with any other individual, but you may run the App on one or more of your own personal devices, subject to payment of applicable fees.  

You may not: (a) copy, decompile, reverse engineer, disassemble, alter, translate, or attempt to derive the App source code; (b) modify, or create any derivative works of the App; (c) use the App outside of the scope of the license; (d) sell, assign, license, disclose, distribute or otherwise transfer or make available the App or any copies of the App in any form to any third parties, including without limitation, by sharing your username, password or other login credentials; (e) remove or alter any proprietary notices or marks on the App or Manga; (f) circumvent or disable any technological features or measures in the App; (g) develop a product that is similar to the App, or use the App to operate a service bureau; or (h) combine the App with any other software programs or create any combination products using the App. 

You may not use the App or any portion thereof or any Output for any of the following restricted purposes: (a) any illegal activity; (b) to exploit or harm children; (c) to generate hateful, harassing, or violent content; (d) any activity that has a high risk of physical harm (including content that promotes, encourages, or depicts self-harm); (e) fraudulent or deceptive activity, including plagiarism; or (f) adult content.

Any actions taken in violation of these license restrictions are a violation of Our IP and/or Third Party IP (as defined below) for which you may be subject to prosecution and/or damages.

ChatGPT Terms

You acknowledge and agree that the App uses artificial intelligence, including ChatGPT. As a condition of using the App, you agree to the following additional terms and conditions: 

Restrictions: You may not: (a) use the App in any manner that infringes, misappropriates, or violates any person’s rights; or (b) represent that any Output was human-generated.

Requirements: You agree that: (a) you are responsible for your User Content; (b) You will ensure that your User Content does not violate any applicable laws or the ChatGPT Terms of Use available at https://openai.com/policies/terms-of-use; and (c) you represent and warrant that you have all rights, licenses, and permissions needed to input Manga into the App and to use ChatGPT.

Remote Hosting

You acknowledge and agree that that the App may operate on or with a hosted application platform operated by a third party, and that we are not responsible for the operation, availability, security, or performance of any third party technology or servers, nor the availability (including but not limited to available API governance) or operation of the App on or with any third party technology or servers.

Fees

Certain App features may be subject to a monthly subscription fee. When you register as a user, all App features and offerings will be displayed, and you will have the option of choosing the features that best meet your needs. If the App features you select are subject to a monthly subscription fee, the corresponding fee will be shown and you will be asked to purchase a subscription pursuant to the payment terms provided.

Ownership and Intellectual Property Rights

The App is comprised of our proprietary technology, methodologies, functionality, content, third party data, intellectual property, and trade secrets. The App may also contain certain intellectual property of our licensors (“Third Party IP”). Excluding Third Party IP, all right, title and interest and all intellectual property rights in and to the App, the name “Read Me Manga”, associated logos, trademarks, service marks, and our company name (collectively, “Our IP”) vest solely and exclusively in us, and are protected by United States Copyright Law and International Treaty provisions. You may not use, share, or copy Our IP with any product or service that is not provided by us or in any manner that is likely to cause confusion among users, or that might disparage or discredit us. You may not remove any copyright, trademark, or other proprietary legends in the App. Any unauthorized use of the App or Our IP may violate such laws and these Terms. 

Warranty Disclaimers

We do not warrant or guarantee the content or quality of, nor do we endorse Manga or any User Content. We do not represent, warranty, or guarantee the quality of any Output generated or displayed through the App, or the accuracy, or visual or auditory quality of the Output. We expressly disclaim all responsibility and liability for any and all representations, warranties, and/or guarantees that may be offered to you by Manga or any third party. 

You release us and our affiliates for all responsibility and all liability for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Manga or any Outputs.

 EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY OUTPUTS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT REPRESENT OR WARRANT THAT OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE APP WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT FOR USE. WE ARE NOT OBLIGATED TO PROVIDE MAINTENANCE OR SUPPORT FOR THE APP OR OUTPUTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA, YOUR USE OR INABILITY TO USE THE APP, MANGA, OR OUTPUTS, INTERRUPTION, LOSS OR INACCURACY OR CORRUPTION OF YOUR MANGA OR USER CONTENT, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR ANY OTHER DAMAGES OR LOSSES IN ANY WAY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so this limitation may not apply to you. You acknowledge and agree that this limitation of liability is a fundamental aspect of these Terms, and that in its absence, the economic terms set forth in these Terms would be substantially different. 

Termination

These Terms are effective until terminated by you or by us. We reserve the right to immediately terminate these Terms and your license to the App upon written notice to you at the email or cell number last provided to us if you breach of these Terms or fail to pay the Fees on time. You may terminate these Terms and your license to the App at any time by providing us with thirty (30) days’ prior written notice at the email shown in the “Contact Us” section below. Fees are nonrefundable. On the termination date, we will deactivate your user account and your access to the App will terminate. Termination by you or by us will not limit any of our other rights or remedies at law or in equity. Those sections intended to survive termination will survive regardless of the reason for termination. 

Access 

We do not guarantee that the App will be available in all geographic locations or on all mobile devices. You agree to utilize reasonable safety precautions to prevent unauthorized use of the App from your mobile device. You acknowledge that when you use the App on a mobile device, your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with your carrier to see if such fees apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE APP FROM YOUR MOBILE DEVICE. 

Indemnity 

You agree to indemnify, defend and hold us, our affiliates, and our respective officers, employees, and agents harmless from and against any actions, claims, proceedings, demands, or allegations of any kind (“Claims”) brought against us that arise from or relate to (a) your use of the App in contravention of the terms and conditions of these Terms, or (b) your use of Manga or any Outputs, and you will pay all related damages, costs and expenses (including reasonable court costs and attorneys’ fees) arising from such Claims. 

Dispute Resolution

Governing Law

These Terms shall be governed by federal law and the Federal Arbitration Act (“FAA”) as to arbitration issues and the law of the State of Nevada for all other issues without regard to principles of conflicts of laws. The Parties irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Nevada. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to these Terms.

Mandatory Arbitration 

The Parties agree that any and all controversies, claims, or disputes arising out of these Terms shall be subject to binding arbitration under the FAA. If any part of these Terms is deemed unenforceable, the Parties agree that it may be severed without affecting any other provisions, including the requirement to arbitrate all disputes, except that we may pursue all legal and equitable damages and remedies in any court of competent jurisdiction for any alleged or actual violation of Our IP or Third Party IP.

Procedure

The Parties agree that any arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and that any disputes related to or arising out of the scope of our agreement to arbitrate or the ability to enforce this provision shall be decided, in the first instance, by the arbitrator. Within seven (7) calendar days after appointment the arbitrator shall set the hearing date, which shall be within ninety (90) days after the filing date of the demand for arbitration unless a later date is required for good cause.

Forum

The arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, with venue 3277 E Warm Springs RD ste 200 Las Vegas, Nevada. Judgment upon any award rendered may be entered in any Nevada court having jurisdiction thereof..

Remedies/Injunctive Relief

Sole Remedy. Except as provided by applicable law or these Terms, arbitration shall be the sole, exclusive, and final remedy for any dispute between the Parties and the arbitrator shall have the power to award any remedies available under applicable law. The Parties hereby explicitly waive any right to appeal the award. 

Prevailing Party. The arbitrator shall award reasonable legal fees and costs to the prevailing party. Should a party prevail on some but not all of its claims, the arbitrator shall determine what percentage, if any, of the prevailing party’s fees should be awarded. 

Availability of Injunctive Relief. You agree that as an exception to the arbitration obligation above, we may petition any state or federal court of competent jurisdiction for all legal and equitable damages and remedies, including restraining orders, preliminary injunctive relief, or other relief for any alleged or actual violation of Our IP or Third Party IP. Any such actions or lawsuits brought by us shall not be considered in violation of the provisions of these Terms. In the event we seek injunctive relief and prevail, we shall  be entitled to recover our reasonable costs and legal fees in addition to any other relief to which we may be awarded or entitled.

Waiver of Jury Trial

Except as specified above, the Parties waive their constitutional and statutory rights to file a claim against each other in court and to have a trial in front of a judge or a jury, instead electing that except for the above exclusion, all claims and disputes shall be resolved by arbitration.

Class Action Waiver 

You agree to arbitrate any dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding. You may not bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without our prior written consent, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.

General.

(a) We may modify these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, including if we make material changes, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).  

(b) If any part of these Terms is found void or unenforceable it will not affect the validity of the balance of these Terms which shall remain valid and enforceable as written.

(c) Any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver by us of that right or provision.

(d) We may transfer, assign, or delegate some or all of our rights and obligations hereunder at any time. You may not assign, sub-license, or otherwise transfer your rights or obligations under these Terms without our prior written consent, and any attempt by you to so assign, sub-license, or transfer without our prior written consent shall be null and void. Subject to the foregoing, these Terms will be binding upon our respective successors and assigns.

(e) These Terms represent the entire understanding between us regarding the subject matter herein and supersede all prior agreements, written, oral, or implied.

Contact Us

You may notify us at: Contact@readmemanga.com