Terms of Service

Effective August 23, 2024

MPORTANT NOTICE: AS DESCRIBED BELOW, DISPUTES BETWEEN YOU AND POPO MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS UNLESS AN EXCEPTION APPLIES.

POPO provides a personalized subscription service that allows our members to access comics and videos(collectively, "POPO Content" or “Content”). Please read these Terms of Service and our Privacy Policy before using the Service (described below). These Terms of Service set out the terms and conditions that govern your use of the Service. When you use our Service, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, you must not use our Service.

Our Privacy Policy (“POPO Privacy Policy”) describes how we collect, store, use, and disclose, and otherwise process your personal information when providing our Service to you, and your rights and choices concerning your information. When you use our Service, you acknowledge that POPO Privacy Policy applies. If you do not want us to collect, store, use, or share your information in the ways described in POPO Privacy Policy, you must not use our Service.

“POPO,” or “the Company”, “we,” “our,” or “us” in these Terms of Service means POPO MANFA. In all cases, “POPO,” “the Company”, “we,” “our,” or “us” includes POPO’s agents, consultants, employees, officers, and directors.

1. DEFINITIONS

“Account” means an account you create when you access the Service.

“Our Service” or the “Service” means the personalized service provided by POPO for discovering and watching POPO Content, including all features and functionalities, the website, application, and user interfaces, as well as all content and software associated with our service.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through the Service.

2. CHANGES TO THESE TERMS

The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting/publishing the amended versions on our application via which you may use the Service (“POPO App”). We may do our best to notify you of any material changes by providing additional notice, such as an e-mail message or messaging within the Service. Unless we state otherwise, changes are effective when posted. New versions of the Terms, and any other policies, codes, or rules will be accessible at POPO Website or POPO App. If you continue to use the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Service.

If the Terms or POPO Privacy Policy have any provisions or information that conflicts with POPO’s other terms or policies, these Terms and POPO Privacy Policy as applicable shall prevail.

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Service, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your e-mail address, and, in some cases, payment information. This information will be held and used in accordance with POPO Privacy Policy. You will supply us with accurate, complete, and up-to-date information, particularly your email address.

You are responsible for maintaining the security of your Account. Do not share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument, and you understand you may be held liable for losses incurred by us or any other user of the Service caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, immediately inform us.

4. USE OF OUR SERVICE

Who can use our Service: We appreciate your use of our Service, but you may not use our Service if you cannot enter a binding contract with us. You must be at least seventeen (17) years old. The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Service.

If you are between 13 and 17 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by these Terms.

You represent to us that (1) you are at least of Minimum Age and (2) if you are a Minor, you may only use the Service under the consent and supervision of a Representative who agrees to be bound by these Terms, and the use of the Service is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Service if it comes to our attention that any of your representations to us is not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms and Privacy Policy before you start to use the Service. We advise Representatives who permit their represented Minors to use an interactive service to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors.

Compliance with Law and Reservation of Rights.

You must use the Service in compliance with all applicable laws and regulations. All licenses granted to you are non-exclusive, and all rights not expressly granted in these Terms are reserved exclusively to us.

Service Changes and Limitations:

We may require that you accept updates to the Service as well as to the Terms and the POPO Privacy Policy. From time to time, we may require you to update your software to continue to use our Service. We may perform these updates remotely, including to the software for your use of the Service residing on your computer or mobile device, without notifying you.

We reserve the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your right to use the Service or any part of them will be automatically suspended or terminated. If that happens, unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Service.

WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF THEM; PROHIBIT ACCESS TO POPO WEBSITE, AND POPO CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY RELATED OR RESULTING LOSSES OR CONSEQUENCES.

Deleting your Account:

You may stop using our Service at any time and may request that we delete your Account at any time by following the instructions in POPO Privacy Policy. Unless applicable laws require otherwise, we are not required to provide refunds, benefits, or other compensation if you request that we delete your Account.

5. OWNERSHIP; DIGITAL CONTENT AND LIMITED LICENSE

POPO Content.

You understand and agree that the POPO website and the POPO App are owned by us. POPO Content provided on the Service is owned by us or licensed by the copyright owner to us.

If you abide by these Terms, you may use the Service subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Service for any other purpose and agree that we will have no liability to you for any damage or loss arising from unauthorized uses.

If you breach these Terms, any of our other terms that apply to your use of the Service, or any applicable laws, including but not limited to infringement of our intellectual property rights, we reserve rights to take any necessary measures against you including but not limited to terminating your account. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SERVICE, IS A BREACH OF OUR POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

POPO Content: If you post, publish, transmit, or upload User Content on the Service, you agree that it will be:

• (a) accurate;
• (b) not confidential;
• (c) not in violation of law;
• (d) not in violation of contractual restrictions or any other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
• (e) free of viruses, adware, spyware, worms, or other malicious code;

Your User Content will be processed by us in accordance with POPO Privacy Policy. You are solely responsible for securing and backing up your content.

We have the right to remove any of your User Content if, in our sole opinion, it fails to comply with these Terms. We also have the right to disclose your identity to any third party claiming that any of your User Content constitutes a breach of its intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

When you post, publish, or transmit your observations and comments on the Service, such as in forums, blogs, and chat features, we cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it. WE ARE NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.

6. PAYMENT TERMS

Purchase of Diamonds

* Special warning: Diamonds may be purchased without logging into an account. However, if you choose to purchase and/or use Gems without logging into your account, the purchased Gems and unlocked content (“Purchased Items”) will only be stored on your device. This means you will not be able to transfer Purchased Items to another device, and in the event you delete the POPO App from your device, all Purchased Items will be deleted permanently and cannot be restored even if the POPO App is reinstalled.

We offer some Services to you for free and some services for cost to be paid with a certain internal payment method(“Diamonds”).

You may access the contents which require you to pay the corresponding cost by purchasing Diamonds; provided, however, you do not own such Diamonds regardless of whether you have purchased them.

Diamonds you purchased, recharged or earned do not hold, and are not redeemable for, any real world monetary value, thus, cannot be refunded with any real world cash unless required by applicable laws or we elect, in our sole discretion, to rescind your purchase of Diamonds. Diamonds do not constitute a personal property right under any law, and by purchasing Diamonds you are only granted a limited, non-transferable, revocable, non-exclusive license for the personal use of the Diamonds solely to access certain content in our Services. Details regarding the payment methods, units, and all other conditions regarding Diamonds will be decided by us; Diamonds cannot be exchanged or be used for any other purpose other than to access certain content offered in our Services.

Specific conditions related to the use of Diamonds are as follows:

Prevention of Fraudulent Access: During your Diamonds purchase process, if we suspect a transaction is being initiated without authorization, fraudulently, suspiciously or is otherwise unusual based on prior transaction activity(“Fraudulent Access”), we may refuse such purchase and may conduct other means to prevent such Fraudulent Access.

Limitation on value of Diamonds to purchase: The purchase value of Gems associated with your account shall not exceed $2,000 (or the equivalent in your local currency) at any given time. Subject to the foregoing, and in any case, your Diamonds purchases in total across any and all accounts you hold in our Services also may not exceed $2,000 (or the equivalent in your local currency) per day. We may amend, modify or limit the maximum balance of Diamonds held in your account and maximum value of Diamonds you can purchase at any time and to any amount in our sole discretion.

Non-transferrable: Diamonds may only be used by the account that purchased and/or earned them. In other words, Diamonds cannot be transferred or used across different account. You are not allowed to transfer Diamonds outside of the Services, nor sublicense, trade, sell, or attempt to sell Diamonds for real money, or exchange Diamonds for value of any kind outside of the Services(including any kind of attempt to transfer, sublicense, trade or sell your account) in any way, or assist any other user in doing so. Any such transfer is prohibited and void and might be deemed as a Fraudulent Access.

Grant of free Diamonds: We may grant promotional, cost-free Diamonds that you do not pay for at our discretion, including any Diamonds we offer you in connection with your download and/or purchase of the POPO App or other products, your use of the Services, or any other promotional activity ("Free Diamonds"). Free Diamonds may expire after a certain period of time, which we shall designate from time to time. When you use Diamonds to purchase content in our Services, any Free Diamonds you have in your account will be applied first, followed by your purchased Diamonds.

Expiration notice: Upon one (1) month prior notice to you, we may, for business or technical purposes, discontinue the usage of Diamonds from our Services. In such event, all unused Diamonds will expire on the specified discontinuance date.

Subscriptions

Our Services require you to first enable a subscription that may require payment (“Subscription”). Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications with you. Subscription offerings may vary by jurisdiction, including in availability, pricing, and enabled features and content. Your Subscription will continue and automatically renew until terminated or as otherwise stated during sign-up or other communications with you. You can cancel your Subscription before it renews as set out below in the “Cancellation” section. You can find specific details regarding your Subscription in the Settings of the Apps.

By signing up for a Subscription, you agree that POPO or its payment processor may charge the fees shown to you during sign up on a periodic basis to the payment method you specify at the time of your initial purchase. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be automatically charged to you on the specific billing date indicated on your Account page. In some cases, your payment date may change, for example if your paid membership began on a day not contained in a particular month.

You acknowledge and agree that POPO may use Apple Pay, Google Pay, or other third-party payment processors to process fees for the Subscription on our behalf, and that we will not be liable for any errors caused by such third-party payment processors. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Please check with your payment method service provider for details.

Cancellation of Subscription

You can cancel your Subscription at any time on the POPO App. Payments are nonrefundable, but you will continue to have access to the Service through the end of your billing period. For clarification, notwithstanding this section, purchase of Diamonds cannot be canceled or refunded unless otherwise described in the section “Purchase of Diamonds”.

Your Subscription will continue on a recurring basis according to its terms unless and until you cancel your Subscription or are otherwise suspended or discontinued pursuant to these terms. You must cancel your Subscription before your next renewal date in order to avoid billing for each renewal period. We or our payment processor will bill the periodic Subscription fee plus any applicable taxes to the active payment method at the time. If you cancel your Subscription, cancellation will be effective at the end of the current billing period -- this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You can cancel your Subscription by logging into your account and following the instructions in the settings of the Apps. If you pay for your Subscription through your account with a third party (e.g. through the Google Play store) and want to cancel your Subscription or manage your billing, you may need to do so through your account with such third party.

Cancellation of Purchased Contents

All sales are final and unlocked contents cannot be returned or refunded unless required by applicable laws.

Updating your Payment Methods

You can update your payment methods via the Account page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee.

Changes to the Price and Subscription Plans

We reserve the right to change our policies regarding purchase of Diamonds, subscription plans, pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use or our relevant notice, any price changes or changes to your subscription plan and/or content in our Services will take effect following notice to you.

7. TRIALS

We may sometimes offer free or discounted trials of our Subscription plans. If we offer you a trial, the duration, pricing (including whether it’s free), and other details of your trial will be stated either in the material describing the particular trial or during your sign-up for the trial. The terms of such trial offers may change and such offers may expire at any time. Trial offers may vary based on region and the specific user. If you cancel or upgrade your Subscription during a trial or while using a promotional code or other credits, your trial may end and the offer may no longer be available.

Some trials will auto-enroll users into normal Subscription fees after the trial period expires. For such plans, you will receive a prompt to accept those terms and the payment processor may charge a small amount to verify that your payment method is valid. Under these plans, once your trial period ends, we will automatically begin billing your payment method for your periodic Subscription fees (plus any applicable taxes), unless you cancel prior to the end of your trial. For that reason, unless otherwise indicated in the trial description, you will be asked to set up a valid payment method when redeeming a trial offer. For existing subscribers who accept a trial, you may be charged a prorated amount at the end of the trial to cover the period between the date the trial ends and the date your next billing period begins. If you don’t want to be charged after your trial period under an auto-enroll trial plan, please cancel your trial Subscription no later than the day before the last day of your free trial period.

8. INTELLECTUAL PROPERTY AND OTHER RIGHTS

The Service is owned and operated by us, and POPO Content is licensed by the copyright owner to us. POPO Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, products, and all other elements of the Service, are protected by the laws of the Republic of Korea relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark acts, as well as laws relating to data protection and security and relevant treaties. All POPO Content and the Service, including intellectual property rights therein and thereto, are the property of POPO or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use POPO Content except as expressly authorized by these Terms or by us under POPO Website or POPO APP. We reserve all rights not expressly granted in the Terms.

9. DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO POPO WEBSITE OR POPO APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 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. USE OF THE SERVICE IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. WE AND OUR AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, the applicable warranty will be the shorter of either 30 days from your first use of the Service or the shortest period required by law.

10. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT WE AND OUR AFFILIATES ARE NOT LIABLE

• (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
• (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF US AND OUR AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID POPO, AND/OR THE POPO AFFILIATE IN THE THIRTY DAYS (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID US, OR ANY OF OUR AFFILIATE ANY AMOUNT IN THE THIRTY DAYS (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US AND OUR AFFILIATES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. If these laws apply to you, some or all of the above exclusions or limitation may not apply to you, and you may have additional rights.

11. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

Agreement to Arbitrate.

By voluntarily accepting these Terms, you and POPO all agree to the fullest extent permitted by law that any controversy or claim arising out of or relating to your use of the Service, these Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association (“AAA”) in accordance with its International Arbitration Rules. The number of arbitrators shall be one and the language of the arbitration shall be English. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.

No Class Actions/ Class Actions Waiver

By voluntarily accepting these Terms, you agree that no one can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action against the Company and the parties can only bring a claim against each other on an individual basis.

12. ENTIRE AGREEMENT AND SEVERABILITY

These Terms are the entire agreement between you and us regarding the Service, and supersedes any and all prior understandings regarding the Service and other matter related to it. If any term or condition of these Terms 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.

13. ASSIGNMENT

We may give our rights, or our obligations, under these Terms to any person or entity at any time even without your consent. However, you may not give your rights or your obligations under these Terms to anyone without first obtaining our written consent, and any attempt to do so without our consent is null and void.

14. NO WAIVER

If we do not enforce our rights under these Terms, we retain our right to do so later and shall not constitute a waiver of such rights. Further, in a specific case we expressly waive a provision of these Terms, such waiver shall not constitute a waiver for all time. If we agree to waive a default or breach by you, we will only do so only in writing, and in case we provide a written waiver of a default or breach, such waiver shall be limited to that particular incident, and shall not constitute an automatic waiver of any other default or breach by you.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Content, your violation of these Terms, or your violation of any applicable laws or regulations.

16. NOTICES

If we must notify you of anything according to the Terms, we may notify you by publishing such item online in the POPO Website or POPO App, sending you an e-mail, or using other ways of communication based on the contact information you provide to us.

If you must notify us of anything according to the Terms, the notice must be sent to us at POPO app, unless we specifically provide you with other means by which you may contact us.

17. FORCE MAJEURE

We are not liable for any changes or problems out of our control including but not limited to changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.