Our Terms of Use

Welcome to Peda-entertainment, brought to you by Pedastudio, which operates this website as Peda – entertainment, and which will be referred to here as “Peda-entertainment,” the “Company,” or by words such as “us,” “we,” or “our.” As used here, the term “Website” means https://pedaentertainment.com/ and the term “App” means, collectively, applications provided by the Company for mobile, tablet, laptop, desktop, or other devices. The Website and the App will enable you to browse, purchase licenses to, and read, in digital form, the comic books and any related content available through the Website or the App (“Digital Content”). The term “Service” refers to each of, and any combination of, the Website, the App, the Digital Content, and related Peda-entertainment services. These Terms of Use (this “Agreement”) govern your use of the Service and is a legally binding agreement between you and the Company. By using the Service, you agree that you have read and understood, and agree to be bound by, this Agreement. If you do not agree, you may not use the Service.

OTHER APPLICABLE TERMS OF USE

This Agreement is in addition to End User License Agreements (each, a “EULA,” and collectively, the “EULAs”) or other terms (collectively with the EULAs, “Supplemental Terms”) provided in connection with the App, other components of our Service, or in connection with any of the products or features available through the Service. Such Supplemental Terms are incorporated herein and by agreeing to this Agreement you are agreeing to be bound by such Supplemental Terms, as they may be in effect from time to time, to the extent that you use the App, other components of our Service, or such products or features. For some components of our Service, we provide Supplemental Terms, localized for specified foreign countries or regions, that apply to such components or to customers in specified countries or regions. Those localized Supplemental Terms govern the services and the end users specified therein.

PURCHASING WITH US

Upon purchasing any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

COMMUNICATIONS

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

INTELLECTUAL PROPERTY AND OTHER RIGHTS

The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “Peda-entertainment Materials”), are protected by the laws of the United States 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 Peda-entertainment  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 Peda – entertainment 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 Peda – entertainment Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

REPORT AN INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us using the information in section 25 and provide sufficient information for us to investigate the claim further.

If you wish to submit a notification of copyright infringement under the Digital Millennium Copyright Act, please submit a written notice that includes (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) 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, (c) 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 us to locate the material, (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (e) 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 (f) 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.

Our agent to receive notices of claimed copyright infringement is:

Legal Department
Pedaentertainment Office
1707 N hall street Dallas Texas 75204

contactus@pedaentertainment.com (subject: DMCA Notice)

PERSONALIZATION

We personalize content and features as part of the Service provided in this Agreement, including by showing you recommendations on features, content and services which might be of interest to you.

PRIVACY

The Company respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service. Our Privacy Policy is available on the Website and applies to your use of the Service. By using the Service, you are agreeing to the terms of the Privacy Policy as updated from time to time.

FEES AND PAYMENT

Certain features of the Service, such as purchasing a license to view certain Digital 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. The Company reserves the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

THIRD PARTY FEES

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.

CONTENT

A part of our Service may enable you or other end users to post on our Service, or submit to us, content, including text, data, photographs, graphics, images, information, video clips, audio clips, and any combination of these elements (“User Postings,” which shall include the name you use in connection with such postings and any comments or suggestions you make regarding the Service). You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), right, in any media existing now or in the future, to use, copy, reproduce, distribute, publicly display, publicly perform, edit, modify, adapt, translate, exploit, and prepare derivative works based on (collectively, “Use”) your User Postings. By submitting User Postings, you represent and warrant to us that you own all of the rights to such User Postings and that Use (as defined above) of your User Postings does not and will not (i) violate any applicable law or (ii) violate the rights of, or cause physical, financial, or other harm to, any person or entity. You acknowledge that your indemnification obligation as described in Section 16 applies to your User Postings. Your User Postings may be Used with or without the name you use in connection with such postings. You agree that the Company is not responsible for User Postings, whether by you or anyone else.

1. You acknowledge that content similar or identical to your User Postings (“Similar or Identical Content”) may have been or may in the future be submitted to the Company by other persons, or may have been or may in the future be made public by other persons. You agree that you are not entitled to any compensation from the Company, will not assert any claim against the Company, and the Company will not be liable to you, for any matter relating to such Similar or Identical Content, including the reproduction, sale, distribution, public display, public performance, exploitation of, and the making of derivative works based on such Similar or Identical Content. You acknowledge that it would not be feasible for the Company to offer features involving User Postings without your agreement to the terms of this section 10.B.
2. Our Service (including User Postings) may contain links to various third-party websites and services. Those sites and services are not under our control. Those sites and services may have their own terms of service and other policies, which we strongly suggest you review if you visit them or utilize them. We are not responsible for any aspect of those third-party sites or services.

CHANGES TO THIS AGREEMENT

We as a legal entity reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service/

TERMINATION

The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Peda – entertainment Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

LIMITATION OF LIABILITY

In no event shall Peda-entertainment, llc nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Basis of the Bargain and Risk Allocations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.

INDEMNIFICATION

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

Disputes

Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by or through us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company.

LEGAL RESTRICTIONS

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.

CAPTIONS AND TERMINOLOGY

The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms “include,” “includes,” “including,” and “such as” mean “include, without limitation,” “includes, without limitation,” “including, without limitation,” and “such as, but not limited to,” respectively.

ASSIGNMENT

The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.

ENTIRE AGREEMENT

This is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company as described in Section 11, or by a written agreement signed by you and an authorized executive officer of the Company.

SEVERABILITY

If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.

NO WAIVERS

Failure by the Company to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of this Agreement.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Welcome to Peda-entertainment, brought to you by Pedastudio, which operates this website as Peda – entertainment, and which will be referred to here as “Peda-entertainment,” the “Company,” or by words such as “us,” “we,” or “our.” As used here, the term “Website” means https://pedaentertainment.com/ and the term “App” means, collectively, applications provided by the Company for mobile, tablet, laptop, desktop, or other devices. The Website and the App will enable you to browse, purchase licenses to, and read, in digital form, the comic books and any related content available through the Website or the App (“Digital Content”). The term “Service” refers to each of, and any combination of, the Website, the App, the Digital Content, and related Peda-entertainment services. These Terms of Use (this “Agreement”) govern your use of the Service and is a legally binding agreement between you and the Company. By using the Service, you agree that you have read and understood, and agree to be bound by, this Agreement. If you do not agree, you may not use the Service.

OTHER APPLICABLE TERMS OF USE

This Agreement is in addition to End User License Agreements (each, a “EULA,” and collectively, the “EULAs”) or other terms (collectively with the EULAs, “Supplemental Terms”) provided in connection with the App, other components of our Service, or in connection with any of the products or features available through the Service. Such Supplemental Terms are incorporated herein and by agreeing to this Agreement you are agreeing to be bound by such Supplemental Terms, as they may be in effect from time to time, to the extent that you use the App, other components of our Service, or such products or features. For some components of our Service, we provide Supplemental Terms, localized for specified foreign countries or regions, that apply to such components or to customers in specified countries or regions. Those localized Supplemental Terms govern the services and the end users specified therein.

PURCHASING WITH US

Upon purchasing any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

COMMUNICATIONS

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

INTELLECTUAL PROPERTY AND OTHER RIGHTS

The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “Peda-entertainment Materials”), are protected by the laws of the United States 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 Peda-entertainment  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 Peda – entertainment 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 Peda – entertainment Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

REPORT AN INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us using the information in section 25 and provide sufficient information for us to investigate the claim further.

If you wish to submit a notification of copyright infringement under the Digital Millennium Copyright Act, please submit a written notice that includes (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) 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, (c) 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 us to locate the material, (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (e) 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 (f) 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.

Our agent to receive notices of claimed copyright infringement is:

Legal Department
Pedaentertainment Office
1707 N hall street Dallas Texas 75204

contactus@pedaentertainment.com (subject: DMCA Notice)

PERSONALIZATION

We personalize content and features as part of the Service provided in this Agreement, including by showing you recommendations on features, content and services which might be of interest to you.

PRIVACY

The Company respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service. Our Privacy Policy is available on the Website and applies to your use of the Service. By using the Service, you are agreeing to the terms of the Privacy Policy as updated from time to time.

FEES AND PAYMENT

Certain features of the Service, such as purchasing a license to view certain Digital 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. The Company reserves the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

THIRD PARTY FEES

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.

CONTENT

A part of our Service may enable you or other end users to post on our Service, or submit to us, content, including text, data, photographs, graphics, images, information, video clips, audio clips, and any combination of these elements (“User Postings,” which shall include the name you use in connection with such postings and any comments or suggestions you make regarding the Service). You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), right, in any media existing now or in the future, to use, copy, reproduce, distribute, publicly display, publicly perform, edit, modify, adapt, translate, exploit, and prepare derivative works based on (collectively, “Use”) your User Postings. By submitting User Postings, you represent and warrant to us that you own all of the rights to such User Postings and that Use (as defined above) of your User Postings does not and will not (i) violate any applicable law or (ii) violate the rights of, or cause physical, financial, or other harm to, any person or entity. You acknowledge that your indemnification obligation as described in Section 16 applies to your User Postings. Your User Postings may be Used with or without the name you use in connection with such postings. You agree that the Company is not responsible for User Postings, whether by you or anyone else.

1. You acknowledge that content similar or identical to your User Postings (“Similar or Identical Content”) may have been or may in the future be submitted to the Company by other persons, or may have been or may in the future be made public by other persons. You agree that you are not entitled to any compensation from the Company, will not assert any claim against the Company, and the Company will not be liable to you, for any matter relating to such Similar or Identical Content, including the reproduction, sale, distribution, public display, public performance, exploitation of, and the making of derivative works based on such Similar or Identical Content. You acknowledge that it would not be feasible for the Company to offer features involving User Postings without your agreement to the terms of this section 10.B.
2. Our Service (including User Postings) may contain links to various third-party websites and services. Those sites and services are not under our control. Those sites and services may have their own terms of service and other policies, which we strongly suggest you review if you visit them or utilize them. We are not responsible for any aspect of those third-party sites or services.

CHANGES TO THIS AGREEMENT

We as a legal entity reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service/

TERMINATION

The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Peda – entertainment Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

LIMITATION OF LIABILITY

In no event shall Peda-entertainment, llc nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Basis of the Bargain and Risk Allocations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.

INDEMNIFICATION

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

Disputes

Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by or through us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company.

LEGAL RESTRICTIONS

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.

CAPTIONS AND TERMINOLOGY

The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms “include,” “includes,” “including,” and “such as” mean “include, without limitation,” “includes, without limitation,” “including, without limitation,” and “such as, but not limited to,” respectively.

ASSIGNMENT

The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.

ENTIRE AGREEMENT

This is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company as described in Section 11, or by a written agreement signed by you and an authorized executive officer of the Company.

SEVERABILITY

If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.

NO WAIVERS

Failure by the Company to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of this Agreement.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Welcome to Peda-entertainment, brought to you by Pedastudio, which operates this website as Peda – entertainment, and which will be referred to here as “Peda-entertainment,” the “Company,” or by words such as “us,” “we,” or “our.” As used here, the term “Website” means https://pedaentertainment.com/ and the term “App” means, collectively, applications provided by the Company for mobile, tablet, laptop, desktop, or other devices. The Website and the App will enable you to browse, purchase licenses to, and read, in digital form, the comic books and any related content available through the Website or the App (“Digital Content”). The term “Service” refers to each of, and any combination of, the Website, the App, the Digital Content, and related Peda-entertainment services. These Terms of Use (this “Agreement”) govern your use of the Service and is a legally binding agreement between you and the Company. By using the Service, you agree that you have read and understood, and agree to be bound by, this Agreement. If you do not agree, you may not use the Service.

OTHER APPLICABLE TERMS OF USE

This Agreement is in addition to End User License Agreements (each, a “EULA,” and collectively, the “EULAs”) or other terms (collectively with the EULAs, “Supplemental Terms”) provided in connection with the App, other components of our Service, or in connection with any of the products or features available through the Service. Such Supplemental Terms are incorporated herein and by agreeing to this Agreement you are agreeing to be bound by such Supplemental Terms, as they may be in effect from time to time, to the extent that you use the App, other components of our Service, or such products or features. For some components of our Service, we provide Supplemental Terms, localized for specified foreign countries or regions, that apply to such components or to customers in specified countries or regions. Those localized Supplemental Terms govern the services and the end users specified therein.

PURCHASING WITH US

Upon purchasing any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

COMMUNICATIONS

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

INTELLECTUAL PROPERTY AND OTHER RIGHTS

The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “Peda-entertainment Materials”), are protected by the laws of the United States 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 Peda-entertainment  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 Peda – entertainment 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 Peda – entertainment Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

REPORT AN INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us using the information in section 25 and provide sufficient information for us to investigate the claim further.

If you wish to submit a notification of copyright infringement under the Digital Millennium Copyright Act, please submit a written notice that includes (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) 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, (c) 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 us to locate the material, (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (e) 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 (f) 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.

Our agent to receive notices of claimed copyright infringement is:

Legal Department
Pedaentertainment Office
1707 N hall street Dallas Texas 75204

contactus@pedaentertainment.com (subject: DMCA Notice)

PERSONALIZATION

We personalize content and features as part of the Service provided in this Agreement, including by showing you recommendations on features, content and services which might be of interest to you.

PRIVACY

The Company respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service. Our Privacy Policy is available on the Website and applies to your use of the Service. By using the Service, you are agreeing to the terms of the Privacy Policy as updated from time to time.

FEES AND PAYMENT

Certain features of the Service, such as purchasing a license to view certain Digital 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. The Company reserves the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

THIRD PARTY FEES

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.

CONTENT

A part of our Service may enable you or other end users to post on our Service, or submit to us, content, including text, data, photographs, graphics, images, information, video clips, audio clips, and any combination of these elements (“User Postings,” which shall include the name you use in connection with such postings and any comments or suggestions you make regarding the Service). You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), right, in any media existing now or in the future, to use, copy, reproduce, distribute, publicly display, publicly perform, edit, modify, adapt, translate, exploit, and prepare derivative works based on (collectively, “Use”) your User Postings. By submitting User Postings, you represent and warrant to us that you own all of the rights to such User Postings and that Use (as defined above) of your User Postings does not and will not (i) violate any applicable law or (ii) violate the rights of, or cause physical, financial, or other harm to, any person or entity. You acknowledge that your indemnification obligation as described in Section 16 applies to your User Postings. Your User Postings may be Used with or without the name you use in connection with such postings. You agree that the Company is not responsible for User Postings, whether by you or anyone else.

1. You acknowledge that content similar or identical to your User Postings (“Similar or Identical Content”) may have been or may in the future be submitted to the Company by other persons, or may have been or may in the future be made public by other persons. You agree that you are not entitled to any compensation from the Company, will not assert any claim against the Company, and the Company will not be liable to you, for any matter relating to such Similar or Identical Content, including the reproduction, sale, distribution, public display, public performance, exploitation of, and the making of derivative works based on such Similar or Identical Content. You acknowledge that it would not be feasible for the Company to offer features involving User Postings without your agreement to the terms of this section 10.B.
2. Our Service (including User Postings) may contain links to various third-party websites and services. Those sites and services are not under our control. Those sites and services may have their own terms of service and other policies, which we strongly suggest you review if you visit them or utilize them. We are not responsible for any aspect of those third-party sites or services.

CHANGES TO THIS AGREEMENT

We as a legal entity reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service/

TERMINATION

The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Peda – entertainment Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

LIMITATION OF LIABILITY

In no event shall Peda-entertainment, llc nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Basis of the Bargain and Risk Allocations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.

INDEMNIFICATION

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

Disputes

Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by or through us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company.

LEGAL RESTRICTIONS

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.

CAPTIONS AND TERMINOLOGY

The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms “include,” “includes,” “including,” and “such as” mean “include, without limitation,” “includes, without limitation,” “including, without limitation,” and “such as, but not limited to,” respectively.

ASSIGNMENT

The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.

ENTIRE AGREEMENT

This is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company as described in Section 11, or by a written agreement signed by you and an authorized executive officer of the Company.

SEVERABILITY

If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.

NO WAIVERS

Failure by the Company to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of this Agreement.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.