Last Modified: September 24, 2013
For the purposes of this Agreement:
“Digital Content” means Digital Graphic Novel, including single issues and trade publications, games, video, audio and other digital content provided hereunder.
“Man Born Again Apps” means, collectively, Man Born Again’s digital comics 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.
“Subscription-based Content” means Digital Content made available to you on a subscription basis, such as the Man Born Again service.
1. Digital Graphic Novel and other Digital Content
Digital Content. You understand and agree that the Man Born Again Apps and Digital Content you receive through the Man Born Again Apps is owned by Man Born Again and is protected by the international trademark laws and the copyright laws of Italy [ref. Legge 22 aprile 1941 n. 633], as well as other intellectual property laws and treaties. Man Born Again does not transfer any title, right or interest to or in the Man Born Again Apps and/or Digital Content to you.
Use of Digital Content. Upon your download and/or streaming and/or use of Digital Content and payment of any applicable fees (including applicable taxes), Man Born Again grants you a non-exclusive and non-assignable license to access, view, download, use and display such Digital Content only on the number and type(s) (if so limited) of devices specified in the Man Born Again Apps or in the third party store in which the app was obtained (e.g., the iTunes app store), and solely for your personal, non-commercial use consistent with the terms of this Agreement. Digital Content is licensed to you by Man Born Again; not sold, transferred or assigned to you. Man Born Again may post additional terms for Digital Content in the Man Born Again Apps. Those terms will also apply, but in the event of a conflict between those terms and the terms of this Agreement, this Agreement will govern.
Limitations. Unless otherwise stated in writing by Man Born Again, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to *burning*) the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your set of personal devices that are registered for access to your own personal account with Man Born Again’s service), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
Offline Subscription-based Content. Man Born Again may, from time to time, permit you to download certain Subscription-based Content for offline use. Man Born Again may place limitations on such use, including, without limitation, the number of issues available offline at any given time and the length of offline availability. Man Born Again reserves the right, in its sole discretion, to change the terms of such offline use from time to time, without prior notice to you. Man Born Again further reserves the right, in its sole discretion, to terminate the ability to download and access offline content at any time, without prior notice to you.
2. Man Born Again Apps
Use of the Man Born Again Apps. You may use the Man Born Again Apps, 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.
App Updates. In order to keep your Man Born Again Apps up-to-date, Man Born Again may make available updates/upgrades to the app. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the app.
No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the Man Born Again Apps 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 the Man Born Again Apps, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Man Born Again Apps; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.
Compliance with Law and Reservation of Rights. You must use the Man Born Again Apps and the 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 Man Born Again.
Export Regulations. You must comply with all applicable export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of, the Digital Content, or Man Born Again Apps to a prohibited country or otherwise in violation of any such restrictions or regulations.
Patents/Copyrights. The Man Born Again Apps, and/or methods used in connection with the app, may be covered by copyright and one or more patents or pending patent applications and as trade secrets, and the Digital Content is protected by copyright, trademarks and other applicable law.
Suspension of Access. We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Man Born Again Apps and Digital Content, and Man Born Again reserves the right to immediately revoke your access to the Man Born Again Apps or to Digital Content without refund of any fees. Man Born Again’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of Man Born Again’s rights or remedies.
Disclaimer of Warranties. USE OF THE MAN BORN AGAIN APPS AND DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAN BORN AGAIN OR AN AUTHORIZED REPRESENTATIVE OF MAN BORN AGAIN CREATES A WARRANTY, AND THE MAN BORN AGAIN APPS AND DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MAN BORN AGAIN AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT ONT 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 . THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, MAN BORN AGAIN 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 THE MAN BORN AGAIN APPS AND DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE MAN BORN AGAIN APPS AND DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, EVEN IF MAN BORN AGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MAN BORN AGAIN’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Disputes. The Italian laws, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Man Born Again. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in Italy. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Italian Territory.
Complete Agreement and Severability. This is the entire agreement between us and you regarding the Man Born Again Apps and Digital Content 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.
Amendment. We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Man Born Again Apps and/or the Man Born Again website. Your continued use of the Man Born Again Apps and Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
Contact Information. For help with any Man Born Again Apps and/or Digital Content, please contact Customer Service by email, by using the “Contact Us” button in the Man Born Again app.
For communications concerning this Agreement, please contact Man Born Again by email, by using the “Contact Us” button in the Man Born Again app.