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Terms & Condition
Acceptance of Terms
The Terms of Service (“Terms”) you are reading are a legal agreement between Banana Comic Sdn Bhd. (“Banana Comic”) and yourself (“you”). By accessing or using any Banana Comic application or game (“Service”) you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Banana Comic reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you violate the Terms, Banana Comic reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the service. You agree that Banana Comic need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion. You agree that Banana Comic may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. The Service is intended for use by those 21 or older for amusement purposes only. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms.
Account Information
During the process of creating an account to access the Service (“Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service that are used to access the Service (for example, account information for a social network service account from when the Service is accessed). You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Banana Comic will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions: In the event, you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Banana Comic and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You agree that it is your own obligation to safeguard your account and password carefully and with full awareness that a failure to keep it secure will enable others to engage in transactions through the website for which you will be legally responsible. Banana Comic shall not assume any legal responsibility on any loss of password or account stolen that will damage the rights of the users/other users. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal. You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, Paypal) by minors, Banana Comic reserves the right to remove or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. When registering for an account, you must choose a name that can be used by Banana Comic’s staff to identify you. You cannot select his/her Account ID as name of another person, or a name which violates any third party’s trademark right, copyright or other proprietary right, or which Banana Comic deems in its discretion to be vulgar or otherwise offensive. You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo. Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and in some cases, payment information, will be held and used in accordance with Banana Comic’s Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. However, it should be done out of good faith and the principle of good faith to ensure that no loss is to be encountered by the user and Banana Comic. Users are obliged to make amendments on any errors or false information of themselves to prevent from any unwanted consequences and Banana Comic will not assume any responsibility for the said consequences.
TalkingData Analysis Service
TalkingData provides data statistics analysis service for mobile application through your integration of TalkingData data SDK and API in application.Your application will collect and transfer relevant data of your terminal users through technical means,and our service will help analyze these data to learn the performance and user’s usage situation of your application on different terminal equipment,platform or application distribution channel.
Your terminal users’data usually include but not limited to,SDK or API version,platform,time stamp,application mark,application version,application distribution channel,iOS IDFV,iOS IDFA,Android advertiser mark,MAC address,IMEI,equipment model,terminal manufacturer,terminal equipment OS version,conversion start/end time,language residence,mobile network/country code,time zone and network situation(WiFi and so on),hardware,CPU and battery usage situation and so on.
In accordance with your mobile application type and your requirement on statistical analysis,your terminal users’data may also include:user’s gender,age,location,equipment information,OS,operator,promotion channel,trigger event,mistake report and volume of page view and so on.
For the purpose of analysis service,TalkingData analysis service will send above data to TalkingData server through your application,and display in convergent data and analysis report.You could check relevant statistics and analysis result through logging in account on our website.
License
Subject to your agreement and compliance with these Terms, Banana Comic grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non commercial entertainment purposes and for no other purpose whatsoever, You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate any of it, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Account Termination
Banana Comic may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Banana Comic’s intellectual property as determined by Banana Comic in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Banana Comic for any damage that may result from the foregoing. If you have more than one account, Banana Comic may terminate all of your accounts. In addition to the foregoing, Banana Comic may selectively remove, revoke or garnishee Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service. You acknowledge that Banana Comic is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account. In the event that Banana Comic terminates your account, you may not participate in any of the Service again without Banana Comic’s express permission. Banana Comic reserves the right to refuse to keep accounts for and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us at: cs@Banana Comic.asia
Refund Policy
Banana Comic’s Purchase Policy. Through GV Points that you purchase with “real world” money, you may redeem “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in Banana Comic’s games; “virtual in-game items” (together with “Virtual Currency”, “Virtual Items”); and other goods or services (“Merchandise”). ALL REDEMPTION OF VIRTUAL CURRENCY, VIRTUAL IN-GAME ITEMS OR VIRTUAL ITEMS THROUGH Banana Comic POINTS ARE NON-REFUNDABLE. You can order Virtual Item by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Banana Comic keeps records of transaction in order to deal with any subsequent queries. Banana Comic will not assume any of the user’s loss due to unavoidable technical failures that will affect the normal operations of Banana Comic Sdn Bhd.When you purchase GV Points from any officially appointed payment channels by Banana Comic, you are agreeing to their respective purchase policy and Banana Comic Sdn Bhd is not a party to the transaction. The provision of Virtual Items for use in Banana Comic Games is a service provided by Banana Comic that commences immediately upon acceptance by Banana Comic of your purchase. By ordering Virtual Items you agree and accept that Gammeview will provide them to you immediately following completion of your purchase. Banana Comic’s Promotion Policy. Banana Comic Sdn Bhd. from time to time may create special promotions to reward only one unique person that maintains only ONE Banana Comic account. It is a violation of our Terms of Service to create multiple Banana Comic accounts coming from one same person that take advantages of Banana Comic’s various promotional activities. Such activity can be easily detected and Banana Comic Sdn Bhd. shall disable your Banana Comic account and others that is associated with it.
User Content
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Banana Comic. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish the said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Banana Comic. You grant Banana Comic the right to act as an agent on your behalf as the Service’s operator. Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user (“User Content”) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Banana Comic. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Banana Comic shall not bear any responsibility for any of the abovementioned content. Banana Comic may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Banana Comic will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the user Content or for any failure to or delay in removing User Content. Banana Comic reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Banana Comic shall at no time be responsible or held liable for the removal ,modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. Banana Comic also holds the rights to intervene immediately and reasonably, if users were to engage in any illegal actions and that Banana Comic could also report the issue to the judicial agencies when necessary.
Personal Data Protection Notice
This Personal Data Protection Notice (“Notice”) is issued by Banana Comic Sdn Bhd (Company No.: 986193-M) (“Banana Comic”) a company incorporated in Malaysia under the Companies Act 1965 with its principal address at No. 2, Level 2, Avenue 1, Avenue Ampang, 68000 Ampang, Selangor, Malaysia to all our valued customers and prospective customers.
Banana Comic respects your privacy with regards to your personal data and information (“Personal Data”) which you have provided to us and we are committed to protecting your privacy and this Notice sets out how we collect, use and protect your Personal Data which you have provided to us in strict compliance with the Personal Data Protection Act 2010 (“PDPA”).
You hereby consent to the processing of your Personal Data by Banana Comic and all persons necessary for us to enable us to enter into commercial transactions with you or to deliver the necessary communications, services, and/or products in connection with Banana Comic, by using our website at http://www.Banana Comic.asia/ (“the Website”) or by communicating with Banana Comic (collectively, the “Services”).
1. Personal Data
1.1. The Personal Data that you provide or have provided to Banana Comic may include but not limited to information such as your name, address, telephone number, national registration identity card number, passport number, email address, nationality, race, religion, occupation or profession, business or employer’s information, work history, compensation currently and historically, particulars of your spouse or family members and bank account and credit card information.
1.2. In respect of personal data of third parties such as your spouse or family members, you warrant that you have obtained their consent allowing us to process their personal data and you will extend a copy of this Notice to them.
1.3. In addition to the Personal Data that you have provided to Banana Comic directly (whether when engaging us to provide our products or services or during any communication with Banana Comic), your Personal Data may also be collected from variety of sources, including but not limited to, directly or indirectly from your legal representatives, agents and/or employer when you, your legal representatives, agents and/or employers send us completed enquiry, application and/or registration forms via various means, including online and physical hardcopies at public venues or in any of our premises. Also, when accessing the Website, cookies will be collected by us as well. However, should you wish for your Personal Data to not be collected via cookies you may deactivate cookies via your internet browser’s settings page.
2. Purposes for the Collection of Personal Data
2.1. By engaging Banana Comic for any matter arising from or in connection with the Services, you hereby agree and consent to Banana Comic using and processing your Personal Data provided to Banana Comic, in the manner and for the purposes described below:-
2.1.1. for the provision of the Services;
2.1.2. the delivery of notices, services or products and the marketing of such services or products whether present or future, to you;
2.1.3. to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our Services with our customer relations teams;
2.1.4. for Banana Comic to communicate with you;
2.1.5. for the operation, administration, management and record-keeping;
2.1.6. those purposes specifically provided for in any particular service or product offered by us or our partners;
2.1.7. marketing and client profiling activities;
2.1.8. credit assessments, financial and background investigation as and when deemed necessary for the provision of the Services;
2.1.9. to process your payment transactions;
2.1.10. for security and fraud prevention purposes;
2.1.11. for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on us;
2.1.12. to provide information to regulatory and governmental authorities in order to comply with statutory and government requirements; and
2.1.13. enable us to send you information by e-mail, regular postal mail, telecommunications means (telephone calls, SMS messages or social chat applications) or internet social media about products and services offered by selected third parties that we think may interest you but doing so we maintain control over your Personal Data and we will not disclose your Personal Data to such third parties without your prior written consent.
2.2. Banana Comic may also use and process your Personal Data for other purposes such as:-
2.2.1. to send you materials such as season greeting cards, newsletters, articles, write-ups and other updates, distribute information of events, conferences, talks and seminars which may be of interest to you; and
2.2.2. potential referees to editors/researchers, publications, reports and journals, potential clients and business partners who request for referees of past work in our credential statements, tenders and submissions,
if any, by way of mail and/or electronic mail.
In the event you do not agree or consent to Banana Comic processing your Personal Data for the purposes set out in this paragraph 2.2, please notify Banana Comic by contacting Banana Comic via the contact details set out in paragraph 5 below.
3. Failure to Provide Personal Data
3.1. The provision of your Personal Data is voluntary. However, if you do not wish to provide your Personal Data or insufficient Personal Data is supplied, Banana Comic will not be able to provide you with the Services you require or to communicate with you effectively. Further, you agree that we shall not be held liable for any of the consequences arising the non-provision of your Personal Data.
4. Disclosure of Personal Data
4.1. Personal Data provided to us will generally be kept confidential but you hereby consent to us disclosing your Personal Data to other companies, service providers or individuals to perform functions on our behalf, and consequently may provide access or disclose to your Personal Data to the third parties, including but not limited to, such as those listed below:-
4.1.1. data entry service providers;
4.1.2. storage facility providers;
4.1.3. banks and financial institutions;
4.1.4. professional advisors and external auditors;
4.1.5. insurance companies;
4.1.6. information technology (IT) service providers;
4.1.7. government agencies, statutory authorities, regulatory bodies;
4.1.8. any person to whom we are compelled or required to do so under the law;
4.1.9. our business associates and other parties for purposes that are related to the purpose of collecting and using your personal data; and
4.1.10. such other party as Banana Comic deems necessary for the purposes mentioned in paragraph 2 above.
4.2. Banana Comic may utilize information technology facilities and servers located outside if Malaysia and your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. You hereby understand and consent to the transfer of your Personal Data out of Malaysia.
5. Right of Access and Correction
5.1. You may at any time hereafter request for access to, or request for rectification or correction of your Personal Data, or limit the processing of your Personal Data by Banana Comic, as the case may be, however, subject to the exceptions and restrictions as may be contained under the laws of Malaysia. If you wish to do so, please contact:-
Customer Service Officer
Banana Comic Sdn Bhd
No. 2, Level 2, Avenue 1, Avenue Ampang, 68000 Ampang, Selangor, Malaysia
Email: cs@Banana Comic.my
Tel (MY): +603-4296 0833
You may also contact the above for any inquiries or complaints in respect of your Personal Data.
5.2. Please note that with respect to your right of access and/or correction of your Personal Data, Banana Comic has the right to refuse your requests to access and/or make any correction to your Personal Data for the reasons permitted under the laws of Malaysia, such as where the expense of providing access to you is disproportionate to the risks of your privacy.
5.3. In the event of any change in your personal data, you are obliged to promptly contact and notify Banana Comic.
6. General
6.1. We reserve the right to amend or modify this Notice from time to time, as the case may be, and the updated version shall apply and supercede any and all previous versions, including but not limited to, leaflets or hard copy versions. Please check the Website for information on our most up-to-date practices.
6.2. This Notice is issued in English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between this English version and the Bahasa Malaysia version, this English version shall prevail.
Communication Channels
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Banana Comic is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with our without notice for any reason, at its sole discretion. Banana Comic may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Banana Comic, and these communications should not be considered reviewed or approved by Banana Comic. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Banana Comic be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channel are public, and you have no expectation of privacy regarding your use of the Communication Channels. Banana Comic is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Virtual Currencies and Goods
The Service may include an opportunity to purchase virtual, in-game currency (“Points”) that may require you to pay a fee using real money to obtain the Points. Points can never be redeemed for real money, goods, or any other item of monetary value from Banana Comic or any other party. You understand that you have no right or title in the virtual in-game items, pins or points or Points. Your purchase of Points is final and is not refundable, transferable or exchangeable, except in Banana Comic’s sole discretion. You may not purchase, sell or exchange Points outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Banana Comic retains the right to manage, control, modify and/or eliminate Points or any other form of virtual currency at its sole discretion. Prices and availability of Points are subject to change without notice. Points may only be held by legal residents of countries where access to and use of the Service are permitted. Points may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Points for any reason. When you purchase Points, they will reside in your account (“Game Account”) until discharged through use of the Service. When purchasing Points or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Points and/or other content are final. If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, Banana Comic or other users, and that you shall not act in bad faith in your use of the Service. If Banana Comic determines that you do act in bad faith in violation of these Terms, or if Banana Comic determines that your actions fall outside of reasonable community standards, Banana Comic may, at its sole discretion, terminate your account and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: Create an account with or access the Service if you are under the age of 13; Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable; Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service; Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone; Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed; Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information; Upload or transmit (or attempt to upload or to transmit), without Banana Comic’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as”spyware”, “passive collection mechanisms” or “pcms”); Improperly use support channels or complaint buttons to make false reports to Banana Comic; Develop, distribute, use or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications; Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; Deal with Points in a manner that violates these Terms, including transferring Points to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services; Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Banana Comic’s written permission; Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Banana Comic’s written permission; Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms; Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service; Attempt to use the Service on or through any service that is not authorized by Banana Comic. Any such use is at your own risk and may subject you to additional or different terms. Banana Comic take no responsibility for your use of the Service through any service that is not authorized by it; Post or communicate any person’s real-world personal information using the Service; Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Intellectual Property (IP) Ownership
Banana Comic retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by application copyright, trade dress, patent and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Banana Comic’s explicit, prior written permission. The forgoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Banana Comic. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service Account as well as severe civil and criminal penalties. Banana Comic and/or its licensors and affiliates own all right, title and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Banana Comic, it’s officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Banana Comic makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) Errors, mistakes or inaccuracies of conent; (ii) Personal injury or property damage, or any nature whatsoever, resulting from your access to and use of the Service; (iii) Any unauthorized access to or use of Banana Comic’s secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Service; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. In no event will Banana Comic, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other material on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Banana Comic has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Banana Comic shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Banana Comic, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) Your use of the access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that a user submissions made by you has caused damage to a third party; or (v) Any User Content you post or share on or through the Service.
General
By using or visiting the Service, you agree that the laws of the State of Malaysia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Banana Comic. Any claim or dispute between you and Banana Comic that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Kuala Lumpur, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Kuala Lumpur. Banana Comic reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Banana Comic reserves the right to replace, modify, upgrade the services at all times and the rights to replace, modify or to upgrade the fee charges. Banana Comic too reserves the right to suspend or to terminate our services without prior notice. YOU AND Banana Comic AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.”