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KOMODO HAWAII LLC, a Hawaii limited liability company, its subsidiaries and affiliates (collectively, “Komodo” or “we”), has issued this End User License Agreement (this “Agreement”). This Agreement is a legal document that explains the terms of use for the NIUHI platform (“NIUHI” or the “Platform”). NIUHI allows users to enjoy reading of, and facilitate language learning through, electronic copies of comic books and other literature. In addition, users may assist other users and work together to translate materials. This Agreement governs your rights and responsibilities as a NIUHI user. Please read it carefully.
By using NIUHI, you hereby consent to this Agreement and agree to be bound to its terms and conditions. If you do not or cannot agree to the terms and conditions of this Agreement, please do not use NIUHI. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING AND/OR ACCESSING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL OR ACCESS THE SOFTWARE.
The effective term of this Agreement (the “Term”) shall begin on the date you consent to this Agreement or first access NIUHI, whichever shall occur first, and shall continue in effect until otherwise terminated in accordance with Section 15 of this Agreement.
Unless otherwise indicated, for any interaction on NIUHI, your contractual relationship is with Komodo. All transactions for goods or services purchased using the Platform are being made with Komodo.
To use NIUHI, you must create a NIUHI account (“Account”). Except as otherwise detailed within this Agreement, your Account is for your own personal use only. You may not sell or otherwise transfer your account, nor may you charge others for the right to use your Account. You are responsible for the confidentiality of your Account’s user information and password and for the security of your device. Komodo is not responsible for the use of your password and Account. Further, Komodo is not responsible for actions performed with your Account by you or any person to whom you may have intentionally or by negligence disclosed your user information and/or password. Unless resulting from Komodo’s gross negligence or intentional misconduct, Komodo is not responsible for the unlawful use of your Account by a person who may fraudulently use your user information and password without your permission.
To understand the privacy protections provided by Komodo, please review our Privacy Policy, which applies to all of our products and services, including NIUHI. A copy of our Privacy Policy is available on our website. The privacy protections under our Privacy Policy are in addition to, and complement, those described in this Agreement. In addition, the privacy protections provided by Komodo may differ according to your specific jurisdiction. Komodo reserves the right to update its Privacy Policy from time to time, and by accessing NIUHI or other services provided by Komodo (including Komodo’s website), you hereby consent to the latest amended version of Komodo’s Privacy Policy.
Generally. If you believe that your Account was wrongfully suspended, restricted, or terminated, you may appeal our decision by writing to us at the address provided under Section 20 within thirty (30) days’ of the action taken against your Account. All decisions by Komodo regarding your Account following our consideration of your appeal are final.
ALL TITLES AND OTHER CONTENT PROVIDED BY KOMODO ARE OFFED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, KOMODO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TITLES AND OTHER CONTENT, AND YOUR USE OF NIUHI IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY LAW, KOMODO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOMODO EXPRESSLY MAKES NO WARRANTIES THAT NIUHI WILL OPERATE AS INTENDED, WILL OPERATE UNINTERRUPTED, WILL BE FREE FROM DEFECTS OR VIRUSES, OR THAT YOUR DATA WILL BE SECURE FROM LOSS, DAMAGE, OR THEFT. UNLESS CAUSED BY KOMODO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL KOMODO, ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, OR OTHER AFFILIATES BE LIABLE FOR ANY REASON FOR ANY DAMAGES ARISING FROM YOUR USE OF NIUHI UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR EXEMPLARY PUNITIVE, INDIRECT, SPECIAL, LOST PROFITS, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED UNDER THIS AGREEMENT. IN NO EVENT SHALL ANY LEGAL LIABILITY EXCEED ANY PURCHASE PRICE PAID BY YOU FOR ACCESS TO NIUHI. BY AGREEING TO THIS AGREEMENT, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THIS SECTION 17 AND FULLY UNDERSTAND THE LIMITATIONS PLACED UPON YOUR POTENTIAL LEGAL REMEDIES.
You hereby agree to indemnify, defend with counsel of Komodo’s choosing, and hold harmless Komodo, its directors, managers, officers, employees, agents and/or other affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court fees, resulting from any violation of this Agreement or any activity related to your Account (including negligent or wrongful conduct) by you or any other person who you may permit to use your Account. To the maximum extent permitted by law, the indemnity provisions detailed in this Section 19 will survive the termination of this Agreement.
If you have any questions or concerns related to your Account, your use of NIUHI, or the terms and conditions of this Agreement, you may contact us by writing to Attn: NIUHI Customer Support, 220 South King Street, Suite 1530, Honolulu, Hawaii, USA 96813, or by sending an email to [email protected].
Subject to applicable law, we reserve the right to amend this Agreement at any time and for any reason. We will do our best to inform you of any changes to this Agreement and will provide the most recent version of this Agreement on our website at least thirty (30) days prior to the amended Agreement’s planned date of implementation. By accessing NIUHI or agreeing to this Agreement following its amendment, you shall be deemed to have understood and consented to any and all amended terms of this Agreement.
Version: December 10, 2024
KOMODO HAWAII LLC, a Hawaii limited liability company, and its affiliates (collectively, “we” or “Komodo”) have issued this Privacy Policy (the “Policy”). Komodo respects your privacy and is committed to protecting it.
This Policy covers your “Personal Data”, which we define to mean any information that can be used to directly or indirectly identify you as an individual. “Anonymous Data”, which may or may not be aggregated, is data that cannot readily be used to identify the user who generated the data. This Policy does not apply to Anonymous Data, and Komodo reserves the right to share Anonymous Data with third parties in accordance with applicable laws and regulations. Aggregated Personal Data that cannot be used to identify you shall be considered Anonymous Data for the purposes of this Policy.
This Policy shall apply to all products and services provided by Komodo, including but not limited to, access to its website and use of the NIUHI platform (“NIUHI”).
Agreeing to the terms of this Policy and consenting to Komodo’s collection of your Personal Data is required to access any service or program operated or developed by Komodo. By agreeing to this Policy, you hereby accept and acknowledge that the ongoing collection of Personal Data is necessary for Komodo’s provision of certain products and services to you, and that Komodo shall not require any additional consent or authorization to collect or process your Personal Data through your use of Komodo’s products or services. Further, by agreeing to this Policy, you hereby consent to Komodo’s use of your Personal Data for the purposes detailed in Section 6 below. You may withdraw your consent to this Policy at any time by written request, but if you withdraw your consent to this Policy then you will be unable to access any of Komodo’s products or services.
The Personal Data we collect may include, without limitation, your full name, birth date, age, gender, address, telephone number, e-mail address, payment information, IP address, application usage data, location data, device information, and other data collected through automated electronic interactions. We may collect Personal Data directly from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. For example, when registering for NIUHI, we will ask you for your Personal Data. We may also collect application user information from your Internet browser, computer, mobile device, or similar equipment.
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology to help us provide functionality that is useful to you. You can set your browser not to accept cookies. However, by disabling cookies, some of our website features may not properly function. Information gathered from cookies may be provided to third party services such as Google Analytics to help us better engage with our site’s users.
We may use your Personal Data for the following uses: to facilitate the teaching and learning of languages, to provide products and services to you (or to someone else on your behalf), to improve our products and services, to process payments you make to us, and to communicate with you about our products and services. We will not sell nor otherwise handle Personal Data in our possession beyond the extent necessary for fulfilling its intended purpose of usage, except in the following cases:
Before using Personal Data for any purpose other than those listed above, we will notify you to request your consent, and will not use your Personal Data for such other purpose unless you give your consent.
NIUHI allows users to submit their own translations and other comments in order to facilitate the teaching and learning of languages as well as spread the enjoyment of comics to more people. Komodo also uses this data to improve our services and teaching features. Other NIUHI users may view these translations and other comments. By agreeing to this Policy, you hereby agree and accept that it is your responsibility to not upload any confidential personal information that you do not want viewed by other users. If you recognize any confidential personal information in a translation or comment that is publicly viewable on NIUHI, please contact Komodo using the contact information provided in Section 13 of the Policy to request its removal.
We take measures to prevent leakage, loss or damage and other necessary and appropriate measures to safely manage Personal Data. We use a combination of security technologies, procedures, and safeguards to protect against unauthorized access, use, and/or disclosure of Personal Data. We train our employees on privacy practices and on Komodo’s privacy and information security policies. We work hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. We are not responsible for the privacy practices of third parties, even if our website links to those third parties’ websites.
We will retain your Personal Data as long as reasonably necessary to fulfill the purposes stated in this Policy, and in accordance with applicable law. However, we do not represent or warrant that your Personal Data will be protected from loss, damage, or deletion without notice.
By agreeing to this Policy, you agree to not hold Komodo liable in tort or contract for any direct or indirect damages you may experience because of a data leak of your Personal Data by third parties, unless the data leak was caused by the gross negligence or intentional misconduct of Komodo.
By agreeing to this Policy, you hereby consent to Komodo sharing your Personal Data with certain third parties (including other companies affiliated with Komodo) as permitted by law. Komodo’s provision of your Personal Data is solely for those purposes identified in Section 6 above. For example, we may use third party services such as Google Analytics to help us understand user engagement and better interact with our users.
You have the right to withdraw your consent to this Policy. You have the right to request copies of your Personal Data. We may charge you a reasonable fee for this service. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete. You have the right to request that we erase your Personal Data, under certain conditions. You have the right to request that we restrict the processing of your Personal Data, under certain conditions. You have the right to object to our processing of your Personal Data, under certain conditions. You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. To access your Personal Data in our possession, to correct any inaccuracies, or to make any of the other requests described above, please submit your request to us in writing using the mailing address specified in Section 13. Please note that the erasure of your Personal Data, or a withdrawal of your consent to this Policy, may prevent you from further accessing our products and services.
This Privacy Policy was last updated on December 10, 2024.
We reserve the right to revise this Policy from time to time and will keep an updated copy on our website at all times. Please review this Policy regularly to be aware of any recent changes we may have made. If you have an account with Komodo, we will contact you using the email address associated with your account to inform you of any changes in our use of your Personal Data or other modifications to this Policy.
Komodo is the data controller of your data for the purposes of the General Data Protection Regulation (also known as “GDPR”) and any relevant local laws and regulations. Mr. Nicolas Dufer is the Personal Information Protection Manager for Komodo. If you wish to contact us regarding our use of your Personal Data, or if you wish to exercise the rights provided to you under this Policy, you may write to us at:
Or, you may email us at: [email protected]
In the event that we are involved in a merger, acquisition, reorganization, bankruptcy proceeding, or sale of assets, your Personal Data may be transferred to a new entity. The privacy protections provided under this Policy will continue even after the transition to a new entity.
For users in some jurisdictions, local laws and regulations may supplement the terms of this Policy. For users in those jurisdictions, local laws and regulations will take precedence over this Policy to the extent that a conflict may exist.
This Policy shall be interpreted in accordance with the terms and provisions of the Act on the Protection of Personal Information (“APPI”). For purposes of the APPI, “Personal Data” as defined in Section 1 of this Policy may include Pseudonymized Data. “Pseudonymized Data” is Personal Data that has been processed so as to make the individual user indirectly identifiable only through the use of other information. Under this Policy, your Pseudonymized Data benefits from the same protections as your Personal Data, except that your right to Access and Correction of data under Section 11 may be more limited with regard to Pseudonymized Data.
Komodo has offices in the U.S. state of Hawaii, and may transfer your Personal Data to its servers outside of Japan. In addition, Komodo may transfer your Personal Data to third parties outside of Japan, including third parties in the United States. The United States has different privacy laws than Japan. Under federal law, companies in the United States do not have to ask for your consent prior to providing your Personal Data to third parties. However, regardless of where your data is stored, we will take steps in accordance with the terms and conditions of this Policy to protect your privacy rights. By agreeing to this Policy, you hereby knowingly acknowledge and consent to the potential provision of your Personal Data to third parties outside Japan.
You have a right to report a complaint to us using the mailing address provided in Section 13. If you feel that our response to your complaint was inadequate, you may contact the Hawaii Department of Commerce and Consumer Affairs, Office of Consumer Protection, at 235 South Beretania Street, 8th Floor, Honolulu, Hawaii 96813, or by calling +1 (808) 586-2630.
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