TERMS & CONDITIONS

Last Modified: Jan 30, 2020

INTRODUCTION

Access to, and use of Mad Tomy’s website located at www.madtomy.com (the “Site”) and other Mad Tomy services (together with access to, and use of the Site, the “Service”) are subject to the following Terms of Service (these “Terms”) and subject to our Privacy Policy. Please read these Terms carefully. Creating an account with Mad Tomy or otherwise accessing or using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Mad Tomy (“Mad Tomy” or “we” or “our”). If you do not agree to these Terms, you may not use the Site or the Service.

THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF MAD TOMY. PLEASE READ THESE TERMS IN THEIR ENTIRETY.

DESCRIPTION OF SERVICE

The Service is operated by Mad Tomy, and includes the Site through which you order, and receive various digital comics.

YOUR ACCOUNT

The Service is only available to persons over the age of 18. By registering with Mad Tomy, you certify that you are at least 18 years of age. The Service may contain material which is deemed unsuitable for minors and which may be perceived by others as obscene or disturbing. The Service is not intended to be used by children without the involvement, supervision and consent of parents or guardians. Parents or guardians who allow children to use the Service shall bear sole responsibility for determining whether the content of the Service is suitable for such child. 

USER CONDUCT

Subject to these Terms, by using the Service, Mad Tomy is granting you a limited, non-exclusive, personal, non-transferable license to retrieve and display the applicable Publication(s) for personal, non-commercial use and for no other purpose. You may not in any way make any Publications available, through any medium: (i) to any person or entity which causes the redistribution of the Publication(s) without the prior written permission of Mad Tomy, (ii) for use in print, television or radio news media (including websites affiliated with or supporting entities engaged in such news distribution) without the prior written permission of Mad Tomy, (iii) to any person or entity which links the Publication(s) to a website, or otherwise distributes or makes available material, which is pornographic, obscene, defamatory, harassing, grossly offensive, malicious in nature, or which infringes, or potentially infringes, any intellectual or other property rights (including copyright, patent, trademark and trade secret rights) of any person, or (iv) to any person or entity which uses or permits the use of the Publication(s) in any way that compromises the integrity thereof or which infringes any copyrights or proprietary interests of any third-party content provider. In addition, you may only use the Service for lawful purposes and in accordance with these Terms, any operating rules established by Mad Tomy from time to. Mad Tomy reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.

INTELLECTUAL PROPERTY

All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used on the Site, is the property of Mad Tomy or its suppliers or licensors, and is protected by Greek law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content.
Each third-party content provider owns the copyright in and to all content original to it, including without limitation the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication’s lawful owner, you acknowledge that you do not acquire any ownership rights in a Publication by downloading a Publication accessed through the Service.
Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Site, the Publications, or any portion of them without the express permission of Mad Tomy and the owner of such content.
We do not grant you any licenses, express or implied, to the intellectual property of Mad Tomy or our licensors except as expressly authorized by these Terms. 

MODIFICATIONS TO SERVICE

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) if there are reasonable circumstances justifying it, including the removal of Publications, with or without notice. Your continued use of the Service shall serve as your consent to any such modifications to the Service. To the maximum extent permitted by applicable law, you agree that Mad Tomy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAD TOMY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MAD TOMY MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. MAD TOMY IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAD TOMY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAD TOMY NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MAD TOMY FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO MAD TOMY FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mad Tomy, and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney’s fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.

MONITORING

Mad Tomy may monitor the Service to determine compliance with these Terms and any operating rules established by Mad Tomy, to ensure accurate and proper delivery and functionality of the Services, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Mad Tomy may retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Mad Tomy’s or its licensors’ obligations.

TERMINATION

Mad Tomy may terminate the Service at any time. Without limiting the foregoing, Mad Tomy may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if Mad Tomy reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may involve that Mad Tomy may immediately deactivate or delete your account and all related information and/or bar any further access to the Service.

PRICING AND TAX

All pricing featured on the Site is inclusive of VAT, sales and indirect tax. Purchase transactions will include VAT, sales or indirect tax based on your billing address and the tax rates in effect at the time your transaction is completed. No customers are eligible for tax exemptions for transactions made on the Service.

MISCELLANEOUS

These Terms and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Mad Tomy and you with respect to your use of the Site and Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the Greece, without regard to the conflicts of laws principles thereof, except where you are a EU-resident consumer and therefore local imperative law may apply. Except where you are a EU-resident consumer and local law apply recognizing your right to submit the conflicts before the courts of the country where you reside or to alternative conflict resolution systems, Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Mad Tomy may assign any contractual relationship arising from these Terms and your use of the Site and/or Services, without prior notice or your consent, to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity.

TRANSLATIONS

These Terms have been prepared in the English language and, for convenience purposes, may be translated into other languages. In the event of any inconsistencies between one or more translations of these Terms and the original English version, the English version of these Terms shall control.

NOTIFICATION OF CHANGES

From time to time, Mad Tomy may revise these Terms and our Privacy Policy to keep them up to date with Mad Tomy’s products and services. Please refer to the Site periodically for any changes. The Effective Date first written above is used to alert you to recent modifications. Your access or use of the Site or the Service subsequent to such an update will signify your consent to be bound by such changes.