Yen Plus

Online Magazine

Yen Plus Online Terms of Use

Last Modified: July 23, 2010

Introduction

The following terms of use (the "Terms of Use") govern your (for the purposes of these Terms of Use, you, the subscriber, shall be referred to as "you" or "your" or "subscriber") use of the Yen Plus Online service (the "Service") located within the website available at yenpress.com (the "Website"). These Terms of Use apply solely to your use of this Service; for terms and conditions governing your general use of the Website go to http://www.hachettebookgroup.com/terms-of-use.aspx. The Website is made available by Yen Press, a division of Hachette Book Group, Inc. ("Yen Press" or "we" or "us" or "our"). From time to time, Yen Press may change these Terms of Use, without notice to you, by posting such changes on the Website and in Section 3.N. below. You should regularly check Section 3.N. to see if any changes have been made. The "Last Modified" date at the top of these Terms of Use and at Section 3.N. will indicate when the latest changes were made. By continuing to access and use the Service after the Terms of Use have been modified, you are agreeing to such modifications. If you do not agree to the modifications, you should cease using the Service and cancel your subscription in accordance with our Cancellation Policy as described in Section 1.B. below. In addition, when using the Service on the Website, 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 the Terms of Use. BY CLICKING 'I AGREE' AT THE BOTTOM OF THESE TERMS OF USE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICE, WHICH CONSTITUTES AN AGREEMENT BETWEEN YOU AND YEN PRESS. If you do not agree to these Terms of Use, you will be unable to subscribe to the Service and will be restricted from accessing the Service.

Description of the Free Trial

A free trial of Yen Plus Online will be offered between July 23, 2010 and September 6, 2010 ("Free Trial"). If you have registered for the Free Trial, prior to the expiration of the Free Trial period, you will be asked via email (the email address submitted during the registration process) whether you want to subscribe (paid) to the Service. If you decide to subscribe to the Service, you will be directed to PayPal to complete the payment and the following term and conditions will continue to apply in their entirety to your paid subscription. If you decide not to subscribe to the Service, your Free Trial will simply expire at the end of the term and you will not incur any fees (the automatic renewal and payment provisions will not apply, but all other terms and conditions will apply to your use of the Free Trial).

Description of Automatic Renewal Service

Yen Plus Online is an automatically renewing, paid subscription-based service that allows you to access, view and read Yen Press content online. After you have clicked the button labeled "I Agree," you will be allowed to complete your subscription on the Website and then will be directed to PayPal to complete your payment. Once your transaction has been processed by PayPal and communicated to Yen Press, you will be able to enjoy access to the Service.

1. Offer, Payment and Billing Terms and Conditions

A. TERM: The initial subscription term is 30 days. Upon expiration of the initial subscription term, your subscription automatically renews for additional 30-day subscription terms unless cancelled or terminated by you or Yen Press. You are financially responsible for all associated subscription fees until notice of cancellation is received by Yen Press from PayPal. Once you have completed the signup/registration process for the Service, you shall immediately be charged the entire amount for a 30-day subscription term.

B. CANCELLATION POLICY:

  • i. You may cancel your subscription at any time after your initial registration through your PayPal account. If you wish to cancel your subscription or the automatic renewal of your Service, you must do so through your PayPal account by 5 pm EST on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, you will be charged for the next subscription term.
  • ii. Provided you cancel in accordance with this Section 1.B., your account will be terminated effective at the end of the then current billing term. YEN PRESS OFFERS NO REFUNDS EXCEPT WHERE PROHIBITED BY LAW.
  • iii. YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, BUT YOU'LL HAVE MEMBER ACCESS AND BE CHARGED THROUGH THE END OF YOUR SUBSCRIPTION TERM, AND WILL NOT BE BILLED AGAIN. [Cancellation of your subscription to Yen Plus Online will not affect your account on the Website generally.

C. AUTOMATIC RENEWAL TERMS:

  • i. BY SUBSCRIBING TO THE YEN PLUS ONLINE SERVICE, YOU UNDERSTAND AND AGREE THAT THE SUBSCRIPTION WILL AUTOMATICALLY RENEW AFTER THE INITIAL (AND EACH SUBSEQUENT) SUBSCRIPTION TERM ENDS. EACH RENEWAL WILL BE FOR A 30-DAY TERM. YOU HEREBY AUTHORIZE YEN PRESS TO CHARGE YOU FOR EACH RENEWAL TERM AT THE THEN-CURRENT SUBSCRIPTION FEE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION 1.B. ABOVE.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT YEN PRESS IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES INDICATING THAT YOU WILL BE OR HAS BEEN CHARGED.

D. PAYMENT AND BILLING POLICIES:

  • i. PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS THROUGH PAYPAL. BY SUBSCRIBING TO THE YEN PLUS ONLINE SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PAYPAL IS INDEPENDENT OF AGREEMENT HEREUNDER WITH YEN PRESS. YEN PRESS IS NOT RESPONSIBLE FOR ANY TRANSACTION PROCESSING ERRORS OR OMISSIONS, LOSS OR THEFT OF BANK ACCOUNT, CREDIT CARD OR OTHER PERSONALLY IDENTIFIABLE INFORMATION PROVIDED TO PAYPAL, OR FOR ANY OTHER ACTIVITIES, ERRORS OR OMISSIONS OF PAYPAL.
  • ii. In conjunction with the Service, or additional services that may be offered for sale on the Website, you may be asked by Yen Press to supply certain information, including without limitation, your full name, address, and telephone number. You agree to provide Yen Press with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases on the Website. Neither Yen Press nor any of its parents, subsidiaries, affiliates, vendors or agents shall knowingly pass your information to any third party in a manner in which it could be used to identify you without Yen Press first notifying you and obtaining your prior consent. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
  • iii. Yen Press reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms without notice. All charges are billed in U.S. Dollars and are subject to other fees which PayPal may impose.
  • iv. Your right to use the Service is conditional upon Yen Press 's receipt of payment. If payment cannot be collected though your PayPal account, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

2. The Yen Plus Online Browser and Content

The Yen Plus Online Browser (the "Browser") is a web-based application that enables you to view and read Yen Press digital content. In subscribing to the Service, you agree to follow these Terms of Use:

A. ACCESSING CONTENT: Yen Press maintains this Service and the Website as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Yen Press and protected by United States and international intellectual property laws. As a subscriber of the Service, you agree that you shall use the Content solely for your personal, non-commercial use. You agree to all of the Terms of Use set forth herein and will not use the Service until and unless you have agreed to these Terms of Use. You may not use the Content in any manner inconsistent with these Terms of Use or applicable law, and you may not copy, modify or alter the Content without Yen Press's express prior written consent. Yen Press reserves the right to discontinue any aspect of the Website and/or Yen Plus Online subscription at any time. Subject to the user restrictions described below, you may access and view the Content made available via the Browser on your computer or any other Internet compatible device that can run a sufficiently recent version of Java Script.

B. RESTRICTIONS: Notwithstanding the fact that the Browser does not enable downloading or printing of the Content, by agreeing to these Terms of Use, you represent that you will not make copies or prints of any Content accessed via the Browser under any circumstances, including without limitation via downloading and repurposing any screen shots or making use of any form of screen grab applications. The Service and the Browser offered through the Website, and any Content and other materials thereon, are only for your personal, non-commercial use.

In addition, in connection with the Website, you acknowledge and agree that you will not:

  • i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any Content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, Content or services obtained through the Service;
  • ii. access the Service by any means other than through the standard industry-accepted or Yen Press -provided or authorized interfaces;
  • iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another's right of privacy or publicity;
  • iv. impersonate any person or entity, including without limitation, a Yen Press official, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
  • v. post or transmit any material that contains a virus or corrupted data;
  • vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  • vii. use any of the Service features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
  • viii. violate any applicable local, state, provincial, national or international law;
  • ix. upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;
  • x. manipulate or otherwise display the Service by using framing or similar navigational technology;
  • xi. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Yen Press product or service if you are not expressly authorized by such party to do so; or
  • xii. use the Website or the Service for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Service via the Website in any manner that could damage, disable, overburden or impair Yen Press's servers or networks, or interfere with any other user's use and enjoyment of the Service. Furthermore, you may not attempt to gain unauthorized access to any of the Service, other Website services, accounts, computer systems or networks connected to Yen Press through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Yen Press reserves the right to suspend and/or disable user subscriptions at any time, without prior notice and at its sole discretion, for abuse of the Yen Plus Online subscription, violation of applicable laws and/or violations of these Terms and Conditions.

C. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties on the Website made available via the Service, including information providers, are those of the respective third parties, and not Yen Press. Yen Press does not guarantee the accuracy, completeness, or usefulness of any third party Content and any agreements, transactions or other arrangements made between you and any such third party are made solely at your own risk.

3. General Terms and Conditions

A. MINIMUM AGE REQUIREMENTS: While some of the Content available through this Service may be suitable for children, YOU MUST BE 17 YEARS OF AGE OR OLDER TO SUBSCRIBE TO THIS SERVICE.

B. PERSONALLY IDENTIFIABLE INFORMATION:

  • i. The only manner of subscribing to the Service is via sign-up on the Website located here.
  • ii. In subscribing to the Service, you will be asked to provide Yen Press personally identifiable information including but not limited to, your first and last name, your street address (including the city, state/province and zip/postal code) and your email address. This information will be used by Yen Press and its authorized agents for the purpose of managing your subscription to the Service. For information regarding Yen Press 's privacy policy, go to http://www.hachettebookgroup.com/privacy-policy.aspx. You agree that you have read and understand this privacy policy and that you shall be bound by its terms and conditions as part of these Terms of Use.
  • iii. As part of the Service, you shall receive periodic email communications from Yen Press concerning your subscription account and certain promotional opportunities. Except for the promotional offers, to which you may opt-out on the next sign-up page you affirmatively consent to receive those emails from the date on which you agree to these Terms of Use despite any previous request you might have made to opt-out of receiving additional emails from Yen Press. Because email communications are critical to providing you timely notice regarding changes in Service policies or required updates in your account profile, you cannot maintain your subscription to the Service without receiving emails from Yen Press concerning the Service for the duration of your subscription. Therefore, if you use the opt-out mechanism provided by Yen Press in its privacy policy or in any subsequent email sent to you regarding the Service during the subscription period, Yen Press shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of these Terms of Use, shall have no obligation to refund any of your payments. You can opt-out of receiving promotional email from Yen Press regarding other services on the Website or other unrelated offers by using the opt-out mechanism provided in such email or in Yen Press 's privacy policy without jeopardizing your ability to participate in the Service.

C. ACCOUNTS, PASSWORDS and SECURITY: In subscribing to the Service, you must complete the registration process by providing Yen Press with current, complete and accurate information for your account, as prompted by the applicable registration form. In addition, as part of the registration process, you will be asked to select a password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Yen Press immediately of any unauthorized use of your account or any other breach of security. Yen Press will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Yen Press or another party due to someone else using your account or password.

YOUR SUBSCRIPTION TO YEN PLUS ONLINE IS PERSONAL TO YOU AND YOUR PASSWORD MAY NOT BE USED BY OTHER PEOPLE. YEN PRESS RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT IMMEDIATELY WITHOUT NOTICE FOR FAILURE TO COMPLY WITH THIS PROVISION AND YOU WILL NOT BE ISSUED A REFUND. In addition, you acknowledge that by providing any information to Yen Press that is untrue, inaccurate, or incomplete, Yen Press reserves the right to terminate these Terms of Use and your continued access and use of the Service.

D. PROMOTIONS: Yen Press occasionally provides contests, sweepstakes, games and other Yen Press or third party promotions to its subscribers and other registered users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

E. LIMITED LICENSE: Yen Press grants to you a limited personal, non-exclusive and non-transferable right and license to access the Service. Unless otherwise specified in writing, the Service is for your personal and non-commercial use. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Service. Any attempts to sublicense, transfer, sell, or assign the license are void.

F. DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITES AND THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YEN PRESS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, CONSULTANTS, CONTENT PROVIDERS,PARTNERS OR SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SERVICE SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTERS, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK. IF A TERM IS IMPLIED BY LAW INTO THESE TERMS OF USE AND THE LAW PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING LIABILITY UNDER THAT TERM, THEN IT WILL BE INCLUDED IN THESE TERMS OF USE. HOWEVER, OUR LIABILITY FOR BREACH OF SUCH TERM WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED, AT OUR OPTION, TO THE SUPPLY OF THE RELEVANT SERVICE OR THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED TO YOU.

G. RELEASE: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER YEN PRESS, ITS PARENTS, AFFILIATES OR SUBSIDIARIES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SERVICE. NOTWITHSTANDING THE FOREGOING, IF YEN PRESS IS HELD LIABLE UNDER THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR WEBSITE (WHETHER OR NOT ASSOCIATED WITH THIS SERVICE), OUR TOTAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) TO ACCESS THE SERVICE.

H. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER YEN PRESS, ITS PARENTS, AFFILIATES OR SUBSIDIARIES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS PARTNERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICE; (ii) ANY CONTENT MADE AVAILABLE VIA THE SERVICE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE VIA THE SERVICE; (iv) ANY PRODUCT OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT AVAILABLE VIA THE SERVICE, or (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU (IF ANY) TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH THE SERVICE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST (IF ANY) OF THE PRODUCT OR SERVICE PURCHASED . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

I. NOTICES: Yen Press may deliver notice to you under these Terms of Use or any other published policy on the Website by email, a general notice published on the Website or by postal mail to the street address provided by you at the time you become a subscriber. Yen Press will never request any credit card, password or social security information from you via electronic (or postal) mail. If you receive an email (or postal mail) that purports to be from us that requests such information from you, please do not reply to that email or request. You may give notice to us via email, by certified mail or by overnight courier to the following address:

Yen Press, a division of Hachette Book Group
237 Park Avenue
New York 10017
Attn: Publishing Director, Yen Press with a copy to Legal Department

J. GEOGRAPHIC LIMITS OF SERVICE: Access to the Service may be subject to United States export controls. Yen Press reserves the right to restrict access to (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

K. TERMINATION: These Terms of Use shall remain effective until terminated in accordance with its own terms and conditions. You agree that Yen Press, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Service, and remove and discard any Content accessible via the Service, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of these Terms of Use that provide for continuing obligations on your part shall survive indefinitely.

L. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under these Terms of Use without Yen Press 's express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate these Terms of Use and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund. Yen Press may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.

M. MISCELLANEOUS TERMS AND CONDITIONS: These Terms of Use constitute the entire agreement and understanding between you and Yen Press and governs your use of the Service, superseding any prior agreements between you and Yen Press. These Terms of Use and the relationship between you and Yen Press shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions. You and Yen Press irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Yen Press to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by Yen Press of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

N. CHANGES TO TERMS OF USE: These Terms of Use were published on July 23, 2010.