1. Before Accepting The Terms

You affirm that: you know how to read; you are over 18 years old, or at least 13 years old and possess legal parental or guardian consent, or do not have any available parent or guardian to worry about; and you are fully and legally able to enter into the terms, conditions, obligations, affirmations, representations, and warranties as set below in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 13 years old, then please do not use the MahShelf Website. There are many other great web sites for you. Contact your parents or your guardians about what sites are appropriate for you. Another solution is to go to the nearest library or bookshop in your area to find books that you can read.

2. Your Acceptance

By accessing or/and using this website “MahShelf.com” (collectively, including all content and functionality available through the MahShelf.com domain or any other .net, .org… domain name of “MahShelf.com”, the “MahShelf Website”, or “Website”), you expressly and unconditionally signify your agreement to (1) these terms and conditions (the “Terms of Service”, or “Terms”), (2) MahShelf privacy notice, found at Privacy Policy and incorporated herein by reference, and (3) MahShelf Community Guidelines, found at Community Guidelines and also incorporated herein by reference. These Terms of Service, any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MahShelf without restriction. If you do not agree to any of these terms, the MahShelf privacy notice, or the Community Guidelines, then please do not use the MahShelf Website.

Although we may attempt to notify you when major changes are made to these Terms, you should sometimes review the updated version at Terms of Use). MahShelf may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

3. Description of The Website

These Terms of Service apply to all users of the MahShelf Website, including users who are also contributors of content, information, and other materials or services on the Website. MahShelf.com is an innovative website that provides free social networking and online sharing service for digital comics, manga and other graphic books, allowing users to create profiles, find, read, upload, comment and share their books online. However, since the Website is not designed to back up book data, you are responsible for taking all necessary precautions in that regard. The MahShelf Website includes all aspects of MahShelf, including but not limited to all products, software and services offered via the website such as the MahShelf “(book) shelves”, the MahShelf “Embeddable (book) Reader,” the MahShelf “(book) Uploader” and other applications.

4. MahShelf Accounts

You will have to create a MahShelf account in order to access some features of the Website. You may never use the accounts of other users without permission. Upon creating your account, you should provide completely accurate information of yourself. You are solely responsible for the activity that occurs on your account, and you must keep your account password as secure as possible. If any unauthorized use happens to your account, you must notify MahShelf immediately.

While MahShelf will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MahShelf or others due to such unauthorized use.

5. General Use of the Website

MahShelf hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

• your use of the Website as permitted is solely for your personal, non-commercial use. Commercial uses are prohibited;
• you will not copy or distribute any part of the Website in any medium without MahShelf’ prior written authorization
• you will not alter or modify any part of the Website, including but not limited to MahShelf’ Embeddable (book) Reader or any of its related technologies; and
• you will otherwise follow the terms and conditions of these Terms of Use, MahShelf Community Guidelines, and all applicable local, national, and international laws and regulations.

Prohibited commercial uses do not include:

• uploading an original book to MahShelf, or maintaining an original “Shelf” (profile page) on MahShelf, to promote your business or artistic enterprise;
• using the Embeddable (book) Reader to show MahShelf books on an ad-enabled blog or website, provided the primary purpose of using the Embeddable (book) Reader is not to gain advertising revenue or compete with MahShelf;
• any use that MahShelf expressly authorizes in writing.

Also, you agree never to use or launch any automated system, including but without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the MahShelf servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MahShelf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MahShelf reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. MahShelf reserves the right to discontinue any aspect of the MahShelf Website at any time.

6. Your Use of Content

All of the content on the MahShelf Website, other than the User Submissions (as defined below) displayed on the Website or otherwise made available via the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to MahShelf, subject to trademark, copyright and other intellectual property rights under international conventions, Finland and foreign laws. MahShelf Content, and User Submissions made available on or via the Site, are provided to you AS IS for your information and personal use, as intended through the normal functionality of the MahShelf Service, and for Streaming.

“Streaming” means a contemporaneous digital transmission of a multimedia work via the Internet from the MahShelf Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Books for any purpose or in any manner other than Streaming is expressly prohibited. User Books are also made available “as is.”

MahShelf Content, and User Submissions may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MahShelf or the respective owners of such Submissions. MahShelf reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of MahShelf Content or User Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of any MahShelf Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any MahShelf Content or Submissions, or enforce limitations on use of the Site or the MahShelf Content or Submissions displayed or made available therein.

You understand that when using the MahShelf Website, you will be exposed to User Submissions from various sources, and that MahShelf is not responsible for the usefulness, accuracy, safety, or intellectual property rights of or relating to such User Submissions. Furthermore, you understand and acknowledge that you may be exposed to User Submissions that are offensive, inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MahShelf with respect thereto, and agree to indemnify and hold MahShelf, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. User Submissions

The MahShelf Website may now or in the future permit the submission of book or other communications submitted by you and other users (”User Submissions”) and the uploading, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MahShelf does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MahShelf to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MahShelf, you hereby grant MahShelf a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MahShelf Website and MahShelf’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the MahShelf Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MahShelf Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the MahShelf Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MahShelf all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MahShelf or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MahShelf does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MahShelf expressly disclaims any and all liability in connection with User Submissions. MahShelf does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MahShelf will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. MahShelf reserves the right to remove Content and User Submissions without prior notice. MahShelf will also terminate a User’s access to its Website, if they are determined to be a repeat infringer - who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. MahShelf also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. MahShelf may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MahShelf’ designated Copyright Agent to receive notifications of claimed infringement is: copyright@MahShelf.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MahShelf customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid.

8. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE MAHSHELF WEBSITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAHSHELF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MAHSHELF MAKES NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 MAHSHELF WEBSITE. MAHSHELF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAHSHELF WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAHSHELF 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: “YOUR KNOWLEDGE”.

9. Limitation of Liability
IN NO EVENT SHALL THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OF MAHSHELF 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, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAHSHELF WEBSITE, 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACCEPT THAT MAHSHELF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. Indemnity

You agree to defend, indemnify and hold harmless MahShelf, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, liabilities, losses, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to the MahShelf Website;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the MahShelf Website.

11. In General

You agree that the MahShelf Website shall be deemed to be a passive website that is solely based in Finland; and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than Finland. These Terms of Service shall be governed by the internal substantive laws of Finland, without respect to its conflict of laws principles. Any claim or dispute between you and MahShelf that arises in whole or in part from the MahShelf Website shall be decided exclusively by a court of competent jurisdiction located in Helsinki, Finland. These Terms of Service, together with the Privacy Notice and any other legal notices published by MahShelf on the Website, shall constitute the entire agreement between you and MahShelf concerning the MahShelf Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MahShelf’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MahShelf 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 MahShelf Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MAHSHELF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAHSHELF WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED