Tappytoon Terms of Service


Effective Date: 2026/05/26

Table of Contents
  1. Acceptance of the Terms of Service
  2. Change to the Terms of Service
  3. Limitations on Use
  4. Limited License to Content
  5. User Content
  6. User Content Standards
  7. Content Moderation and Removal
  8. Termination of Account and Service
  9. Intellectual Property and Other Rights
  10. Purchases, Fees and Payment
  11. Fees from Third Parties
  12. Advertisements
  13. Updates to the Service
  14. Warranty Disclaimer
  15. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
  16. Privacy Policy
  17. Dispute Resolution
  18. Miscellaneous
  19. Contact Information

1. Acceptance of the Terms of Service

The company that operates as Tappytoon and provides the Service is Contents First, Inc (the “Company”). We may also refer to the Company by words such as “we,” “us,” or “our.” As used here, the term “App” means our applications for mobile and tablet devices, and the term “Site” means the Tappytoon website (www.tappytoon.com). The Site and App enable browsing, purchasing licenses to, and reading the comics, novels, webtoons, media and any related content available through the Site or the App (“Content”), and User Content (as defined in Section 5). The term “Service” means each of and any combination of the Site, the App, the Content, User Content features, and related Tappytoon services. By using the Service, you agree that you have read and understand, and agree to be bound by, (1) these Terms of Service, (2) the Privacy Policy, found at https://www.tappytoon.com/terms/privacy-policy.html, and (3) the Community Guidelines, found at https://www.tappytoon.com/terms/community-guidelines.html (collectively the “Agreement”) and incorporated herein by reference. The Agreement constitutes the entire agreement by and between the Company and you. If you do not want to agree to the Agreement, you must not access or use the Services. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.

By using User Content features of the Service, you acknowledge that you have additionally reviewed and agree to the terms set forth in Sections 5 (User Content), 6 (User Content Standards), and 7 (Content Moderation and Removal) of this Agreement. Your first use of any User Content feature constitutes your affirmative acceptance of these provisions.

2. Change to the Terms of Service

The Company may at any time amend this Agreement by publishing amended versions on the Site and/or the App. You accept that by doing this, the Company has provided you with sufficient notice of the amendment. Although we will do our best to notify you of any major changes to the Agreement, you should also periodically review the most up-to-date version of the Agreement on the Site and/or App. The current version of this Agreement is effective as of the “Effective Date” above.

3. Limitations on Use

A. If you are prohibited under applicable law from using the Service you may not use it.

B. The Service is intended for users who are 16 years of age or older. By using the Service, you represent and warrant that you are at least 16 years of age. If we learn that personal information of persons under the age of 16 has been collected on or through our Service, we will take appropriate steps to delete such information, including the termination of the applicable account.

C. Use of the Service for a commercial purpose is unauthorized and unlicensed.

D. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Service, or publish or otherwise make the Service available to others. You may not, and may not encourage, authorize, or assist others to, (a) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service, (b) modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Content, (c) attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent, (d) attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse, (e) attempt to disguise the origin of any message or transmittal that you send to or through the Service, including by forging headers or otherwise manipulating identifiers, (f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity, (g) intercept any system data, personal information, or other data relating to the Service, (h) remove any proprietary notices or labels on the Content or other components of the Service, (i) access or use the Service for any unlawful purpose, (j) take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure, or (k) use or launch any automated system, including any “deeplink”, “page-scrape”, “robot,” “spider,” “offline readers,” or other method or system that accesses, acquires, copies, or monitors any part of the Service, the Company’s servers or other infrastructure.

E. The Company reserves the right to revoke your license to the Content if you violate the terms of this Agreement, or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Content or if the Company or the owner or licensor of the Content no longer has the legal rights necessary to authorize distribution of that Content. The Company may modify or discontinue the offering of any Content at any time. Any unauthorized use by you of the Content automatically terminates the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.

4. Limited License to Content

A. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement and any applicable Supplemental Terms (including, without limitation, payment of any applicable fees, including fees for Content you license), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Content for your personal, non-commercial use. Such license does not confer on you any ownership interest in such Content. Words such as “purchase” or “sale” (and similar terms, including all tenses), as applied to Content (including any Content the Company makes available for free), refer to the grant to you of a limited license as described herein.

B. In our sole discretion, we may limit the number of compatible internet-connected devices (collectively “Devices”, including but not limited to media players, computers, smartphones, tablets or other similar devices) to which you can download and store cached content. Such content is Content for purposes of this Agreement, are provided solely for your personal, non-commercial use, may not be transferred to others, and are subject to all of the terms of this Agreement.

5. User Content

A. Definition. “User Content” means content or materials that you upload, post, submit, or otherwise contribute to the the Service. For the avoidance of doubt, User Content is all information, materials and other content that is added, created, uploaded, submitted, posted or distributed to the Service by you or other users, and such is distinct from the Content provided by the Company, its licensors, and content partners.

B. Ownership. You retain ownership of your User Content. Nothing in this Agreement transfers ownership of your User Content to the Company.

C. License Grant. In order for us to make your User Content available on the Service and to provide you with certain features and functions, we require a limited license from you to that User Content. By uploading, posting, or otherwise making available any User Content through the Service, you grant the Company a non-exclusive, royalty-free, fully paid, irrevocable, sublicensable, transferable worldwide license to use, reproduce, make available, display, translate, modify, adapt, publish, distribute, monetize (by placing advertisements or charging for access), and otherwise exploit such User Content in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the maintenance, improvement or marketing of the Service. This license continues for so long as your User Content remains on the Service and for a commercially reasonable period after removal or account deletion, to the extent necessary for backup, archival, caching, or legal compliance purposes.

D. Representations and Warranties. You represent and warrant that: (i) you own or have obtained all necessary rights, licenses, consents, and permissions to post your User Content and to grant the license set forth above; (ii) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of privacy, rights of publicity, or any other proprietary or legal rights; (iii) your User Content does not violate any applicable law, rule, or regulation; (iv) your User Content does not contain any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable; and (v) your User Content does not imply any affiliation with or endorsement of you or your User Content by Tappytoon or any individual or entity without prior express written consent from Tappytoon or such individual or entity.

E. No Obligation. The Company is under no obligation to host, display, or distribute any User Content, and may refuse to accept or transmit User Content for any reason. The Company may remove User Content at any time, for any reason or for no reason, with or without notice.

By posting or sharing User Content on the Service, that content will be publicly accessible, and may be used and re-shared by others on the Service and/or the web, so please exercise caution. You are solely responsible for all User Content that you post. You should not include any personal information in your User Content that you do not wish to be publicly accessible.

6. User Content Standards

Any User Content that you upload, post or otherwise make available through the service must adhere to the Community Guidelines, found at https://www.tappytoon.com/terms/community-guidelines.html. Additionally, you agree that you will not upload, post, or otherwise make available through the Service any User Content that:

(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(b) constitutes hate speech, or promotes discrimination, bigotry, racism, hatred, or harm against any individual or group;
(c) promotes or depicts violence, self-harm, or cruelty;
(d) is sexually explicit or pornographic in nature;
(e) involves the exploitation or endangerment of minors in any way, including but not limited to content that sexualizes minors;
(f) constitutes unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation;
(g) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(h) infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
(i) contains or transmits software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(j) discloses the personal information of another person without that person’s consent, including but not limited to addresses, phone numbers, email addresses, or any other private or identifying information (“doxxing”);
(k) harasses, bullies, intimidates, or threatens any other user of the Service;
(l) manipulates identifiers or other data in order to disguise the origin of User Content;
(m) interferes with or disrupts the Service, or the servers or networks connected to the Service; or
(n) violates any applicable local, state, national, or international law or regulation.

The Company reserves the right, in its sole discretion, to determine whether any User Content violates these User Content Standards. Violation of these User Content Standards may result in the removal of User Content and/or the suspension or termination of your account.

7. Content Moderation and Removal

A. The Company reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content, in whole or in part, at its sole discretion and at any time, with or without notice, for any reason or no reason. The Company reserves the right, but has no obligation, to pre-screen User Content and does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content.

B. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, inaccurate, or otherwise objectionable. Under no circumstances will the Company be liable in any way for any User Content, including but not limited to any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of your exposure to or use of any User Content.

C. If you become aware of any User Content that you believe violates these Terms of Service, you may report such content using the reporting tools provided within the Service or by contacting the Company at the contact information provided in Section 19.

D. The Company is not a party to, and has no responsibility or liability with respect to, any disputes, communications, transactions, or interactions between users of the Service. You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to become involved in any way with disputes between users.

E. No Endorsement. The display of User Content on the Service does not constitute endorsement, sponsorship, recommendation, or approval of such User Content by the Company, its affiliates, its content licensors, or any of their respective officers, directors, employees, or agents. The views and opinions expressed in User Content are those of the individual users and do not reflect the views or opinions of the Company or its content partners. User Content does not constitute professional advice of any kind, including but not limited to medical, legal, financial, or psychological advice, and should not be relied upon as such.

8. Termination of Account and Service

A. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND ACTIVITY IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, LICENSES AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

B. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICE AND CONTENT, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY OR THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF INTELLECTUAL PROPERTY RIGHTS.

Except in cases involving severe violations of these Terms of Service (including but not limited to content that endangers minors, illegal activity, repeated intellectual property infringement, or activity that poses an imminent risk to the safety of users or the integrity of the Service), the Company will make reasonable efforts to provide notice to the affected user prior to termination of their account. Such notice may be provided via the email address associated with the account or through the Service itself. The Company’s failure to provide notice shall not affect the validity of the termination.

The Company reserves the right to stop offering and/or supporting the Service, or any User Content feature thereof, at any time, at which point your license to use the Service or such feature will be automatically terminated. User Content features are offered at the Company’s discretion and are subject to modification, suspension, or discontinuation at any time without liability. In such event, the Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service or feature.

You may terminate your Account at any time and for any reason by following the process described on our support page located at https://www.tappytoon.com/faq, or informing the Company that you wish to terminate your Account. Upon termination whether by you or the Company, the Company is under no obligation to return, forward, grant you further license to, or provide copies of any Content or User Content to you. The license you granted to the Company under Section 5 shall survive termination of your account to the extent necessary for the purposes described therein.

9. Intellectual Property and Other Rights

The Service is owned and operated by the Company. The Content (including but not limited to the comics, novels, chapters, episodes, artwork, text), software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “Tappytoon Materials”), are protected by the laws of the United States, the Republic of Korea (South Korea) and other jurisdictions relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Tappytoon Materials, including intellectual property rights therein and thereto, are the property of the Company 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 the Tappytoon Materials except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest in or to the Tappytoon Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement. For the avoidance of doubt, User Content is not included within the definition of Tappytoon Materials.

10. Purchases, Fees and Payment

Certain features of the Service, such as purchasing a license to view certain Content, require the payment of fees. All such fees must be paid in advance. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds.

A. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual Currency”, including but not limited to Points, for use solely in the Service. You are only allowed to purchase Virtual Currency from us or our authorised partners through the Service, and not in any other way. If we suspect a purchase or transaction of Virtual Currency is being or has been initiated fraudulently, suspiciously, without proper authorization, or is otherwise unusual based on prior activity we may refuse, stop, revoke and/or rescind the purchase or transaction. Repeated incidents of such suspect or fraudulent activity from a user may lead to termination of the user account in its sole discretion, with or without notice, as per Section 8 of this Agreement and the Company shall have no liability to that user. The Company reserves the right to manage, regulate, control, modify or eliminate Virtual Currency, prices or fees applicable to future transactions, enact a limit on the maximum balance or number of transactions of Virtual Currency in any account, modify the balance held in an account, at any time for any reason in its sole discretion, with or without notice. The Company shall have no liability to you or any third party in the event that the Company exercises any such rights. The transfer of Virtual Currency to anyone else is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, gift, tradde, redeem or otherwise transfer Virtual Currency to any person or entity or attempt any of the aforesaid, including but not limited to the Company, another user or any third party. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY HAS NO MONETARY VALUE, IS NOT REDEEMABLE FOR CASH, AND DOES NOT CONSTITUTE A STORED-VALUE ACCOUNT, ELECTRONIC MONEY, OR ANY FORM OF PROPERTY INTEREST UNDER ANY APPLICABLE LAW. VIRTUAL CURRENCY IS A LIMITED LICENSE RIGHT GOVERNED SOLELY BY THE TERMS OF THIS AGREEMENT.

B. Payment of Fees
You agree to pay, in advance, all fees and applicable taxes incurred by you or anyone using an Account registered to you. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds. The Company may revise the pricing for the content and services offered through the Service at any time. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS SUSPENDED OR TERMINATED, WHETHER SUCH SUSPENSION OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.

11. Fees from Third Parties

The use and operation of your mobile or other device and your use of mobile or fixed network services in connection with your use of the Service may be subject to separate third party terms of service and fees (such as roaming, data, and other applicable fees charged by your mobile network operator). You are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.

12. Advertisements

The Service may provide advertisements from the Service or from third parties, including but not limited to, on the Tappytoon App and/or Site. These advertisements may publicize a third-party advertiser’s products or services and may direct you to an external link, app, or website. You acknowledge the use of any such linked third-party or external service is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party, and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding any such third-party or external service or any link thereto, should be directed to the particular third-party or external service.

13. Updates to the Service

You understand that the Service is an evolving one. The Service may vary by device and medium, and functionalities and features may also differ between devices. The Company may require that you accept updates to the Service, the App or Site you have installed on or access via your device or computer. You acknowledge that the use of the Service may require third party software that is subject to third party licenses.

14. Warranty Disclaimer

The Service is provided “as is” and without warranty or condition, and may not be uninterrupted or error-free. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE COMPANY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to indemnify, defend and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of (a) your use of the Service, (b) your User Content, including any claim that your User Content infringes, misappropriates, or violates any third party’s intellectual property rights, rights of privacy, rights of publicity, or other proprietary rights, (c) your interactions with other users of the Service, or (d) any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. Notwithstanding anything to the contrary in this Agreement, nothing in this Section 15 shall limit the Company’s liability for damages resulting from the Company’s willful misconduct or gross negligence to the extent such limitation is prohibited by applicable law. The Service is controlled and offered by the Company through its infrastructure and equipment in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

16. Privacy Policy

The Company has established certain policies and procedures relating to the collection and use of your personal information in relation to your use of the Service. You can view our full privacy policy on our website: https://www.tappytoon.com/terms/privacy-policy.html. By using the Service you are also agreeing to the terms of our Privacy Policy as updated from time to time.

You acknowledge and agree that certain User Content other publicly posted materials, will be visible to other users of the Service and may be visible to the general public. You should not include any personal information in your User Content that you do not wish to be publicly accessible. The Company collects and processes certain information in connection with User Content, including metadata such as IP addresses, timestamps, and device information, as described in the Privacy Policy. You acknowledge and agree that such metadata may be retained by the Company even after the associated User Content has been deleted, for a period necessary to comply with legal obligations, respond to legal process or law enforcement requests, enforce these Terms of Service, and support the Company’s copyright infringement and repeat infringer policies.

17. Dispute Resolution

A. Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at support[@]tappytoon.com and attempt to resolve the Claim informally for a period of at least sixty (60) days. The notice must include your name, account information, a description of the Claim, and the specific relief sought. The Company and you agree to negotiate in good faith to resolve the Claim during this period. If the Claim is not resolved within sixty (60) days of receipt of the notice, either party may proceed to arbitration as set forth below.

B. Agreement to Arbitrate. Any dispute, controversy, or claim (collectively “Claim”) relating to this Agreement, or relating in any way to your use of the Service, including any Claim relating to User Content, interactions between users, the Company’s moderation or removal of User Content, or the existence, scope, or validity of this agreement to arbitrate, shall be finally resolved by binding arbitration in Seoul, Korea in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board (“KCAB”) and under the laws of the Republic of Korea. The parties agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitral proceeding shall continue notwithstanding any judicial review of the arbitrator’s jurisdictional determination, to the fullest extent permitted by applicable law.

C. Sole Arbitrator. Unless the parties agree otherwise or the amount in controversy exceeds one hundred thousand United States dollars (US$100,000), the dispute shall be resolved by a sole arbitrator appointed in accordance with the KCAB International Arbitration Rules. For disputes in which the amount in controversy exceeds US$100,000, a three-member tribunal shall be appointed in accordance with such Rules.

D. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY CLAIM MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, PROVIDED THAT THE REMAINDER OF THESE TERMS OF SERVICE SHALL REMAIN IN FULL FORCE AND EFFECT.

E. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL.

F. Injunctive and Interim Relief. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction, or interim measures from the arbitral tribunal pursuant to Article 18 of the Korean Arbitration Act, to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s intellectual property rights, data security, Tappytoon Materials, or these Terms of Service, without the requirement of posting a bond or proving actual damages. The Company may also request provisional relief from a court of competent jurisdiction before or during arbitral proceedings in accordance with applicable law, and any such court-ordered measures shall remain in force following the constitution of the arbitral tribunal. For the avoidance of doubt, this Section does not limit the Company’s right to seek removal of infringing User Content or to suspend or terminate accounts pursuant to Sections 7, 8, and 9 of these Terms of Service.

G. Time Limitation on Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. IF A CLAIM IS NOT FILED WITHIN THIS TIME PERIOD, IT IS PERMANENTLY BARRED. This one-year limitations period applies regardless of when you became aware of the events giving rise to the Claim.

H. Governing Law; Copyright Claims. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. Notwithstanding the foregoing, claims arising under the Company’s Copyright Policy shall be governed by the applicable provisions of the United States Copyright Act (17 U.S.C. § 512 et seq.) to the extent such claims involve the DMCA notice and takedown procedures set forth therein.

I. Confidentiality of Proceedings. All arbitration proceedings, including all filings, submissions, evidence, and awards, shall be kept strictly confidential by both parties and all participants in the proceeding. Neither party shall disclose the existence, content, or results of any arbitration proceedings without the prior written consent of the other party, except as may be required by applicable law, regulatory authority, or to enforce or challenge the arbitration award in a court of competent jurisdiction. The obligations of confidentiality set forth in this Section shall survive the conclusion of the arbitration proceeding. Any breach of this confidentiality obligation may itself constitute grounds for a claim for damages.

J. Fees and Costs. The parties agree that legal fees and attorneys’ fees shall be included within the scope of costs that the arbitral tribunal may allocate between the parties. If the arbitrator determines that a Claim or defense was frivolous or brought in bad faith, the arbitrator may award the prevailing party its reasonable attorneys’ fees, costs, and arbitration fees. Otherwise, each party shall bear its own costs and fees associated with the arbitration, and the parties shall share equally in the arbitration filing and administrative fees.

K. The award rendered by the arbitrator shall be final and binding on the parties concerned.

18. Miscellaneous

A. Unsolicited Materials. The Company does not accept unsolicited materials, pitches, stories or ideas for Tappytoon Content, and is not responsible for the similarity of any of its Content in any media to materials or ideas transmitted to the Company. For the avoidance of doubt, User Content submitted through the Service’s designated features are governed by Section 5.

B. Severability. You and the Company agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

C. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

D. Entire agreement. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy and the Copyright Policy), contain the entire understanding of you and the Company and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

E. No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

F. Amendment. The Company 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. The current version of this Agreement is effective as of the “Effective Date” above.

19. Contact Information

The Service is offered by Contents First, Inc. You can contact us here: support[@]tappytoon.com

Tappytoon / Contents First, Inc.
6F, 211 Teheran-ro,
Yeoksam-dong, Gangnam-gu, Seoul, Korea

© Contents First, Inc., All Rights Reserved.