Terms of Use

Last Updated: April 1, 2025

Please read these Terms of Service (“TOS”) carefully before viewing or using our Service. These TOS govern your use of the website (the “Sites”) and application (the “Apps”) for the digital contents (electronic data of books, manga, magazines, texts, sounds, images and any other works (“Contents”)) sale and distribution services branded as “BOOK☆WALKER” (Global Store) (the “Service”). The Service is provided by M12 Media LLC (“M12”) and includes all services provided through the Apps and Sites.

As used in these TOS, “we”, “us”, or “our” refer to M12.

Under these TOS, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review “Mediation and Binding Arbitration” below.

IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR PROVIDE ANY INFORMATION TO THE APPS OR SITES.

Summary

This summary is provided only for convenience. Please review the TOS below in its entirety for important information and legal conditions that apply to your use of the Service.

• ● These TOS are a legal agreement between you and us that govern whether and how you may use the Service. We may change the TOS at any time. Use of the Service is also subject to our Privacy Policy
  ● The Service is not targeted towards nor intended for use by children under the age of 13. If you are under 13, do not use the Service. If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian.
  ● The Service is owned and distributed by M12. M12 and Book Walker Co., Ltd operate the Apps and Sites together.
  ● You may only use the Service for personal use. You may not sell or transfer the Service, or any content or digital items within the Service, to anyone else.
  ● You may not copy or modify any content from the Service, or any trademarks appearing in the Service, except as we expressly allow in these TOS.
  ● You will be responsible for all charges relating to the Paid Contents (defined below) on the Sites and in the Apps.
  ● You are responsible for maintaining the security of your account information on the Sites and in the App Store provided by Apple Inc.(“Apple”), Google Play provided by Google LLC (“Google”) or other mobile application store used to access the Service on the Apps, in order to avoid unauthorized charges, including by children using your device.
  ● Amounts paid for the Paid Contents, both through the Sites and the Apps, are non-refundable except as required under local law of your jurisdiction. In certain cases, the mobile application store from which you obtained the App to access the Service, such as the Apple App Store or Google Play, may provide refunds.
  ● We may discontinue or change the Service, including any features of the Service, at any time without notice or liability to you.
  ● Our liability to you relating to the Service is limited. You agree that any disputes will be subject to binding arbitration, to be held in San Antonio, Texas, USA.
  

Your Agreement to these TOS and Future Changes

These TOS are a legal agreement between you and us. The Service including Contents sold and distributed in the Service is licensed, not sold, to you by us. We reserve all rights in and to the Service not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores and Sites where the Service is available. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.

Scope of License

Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use the Service through the Sites or Apps on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed the App (if applicable) or other terms and conditions applying to your device.

These TOS do not allow you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service including Contents sold and distributed in the Service and, if you sell your device to a third party, you must remove the App or logout of your account if you are using the Service on Sites before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of us and our licensors. If you breach this restriction, you may be subject to prosecution and damages.

These TOS will govern any upgrades provided by us that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and us, and that we are solely responsible for the Service and the content thereof, except as otherwise provided in these TOS. If you are using the Services through an App and have an Apple or Android device, and these TOS are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern with respect to the use of the App.

Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to the Service or the Contents.

Intellectual Property

In this Service, you may browse digital contents (electronic data of books, manga, magazines, texts, sounds, images and any other works (“Contents”)) via the Sites and Apps.

All content included in the Service, including the Contents, text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software is owned by us or our licensors and protected by applicable copyright laws. The Service may include registered and unregistered trademarks owned by or licensed to us, which may not be copied, imitated or used, without our prior written permission. You agree that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.

For the avoidance of doubt, you shall only have a non-exclusive right to use the Contents included in the Service within the scope of, and pursuant to these TOS, and any reference to “purchase,” “sale,” “provision,” “sell” or “buy” in these TOS or in any Service shall not transfer any ownership rights to the Contents or to any intellectual property rights to you.

Payments

You may purchase certain Contents (“Paid Contents”) by paying fees for browsing the Paid Contents through the payment method you selected. All payments for the Service shall be made using the payment method you selected. You may apply BOOK☆WALKER Global Points (USD), the code to exchange for BOOK☆WALKER Global Points (USD) or Products (“Gift Codes”), to all or part of the payment in accordance with the terms and conditions of use in these TOS.

Reservation for Series Contents

You may reserve a full series of Paid Contents (“Series Contents”) to automatically purchase at the release of such Series Contents (“Series Reservation”). An agreement between you and us for the purchase of the reserved Series Contents shall conclude on the day preceding the date of release of the Series Contents, and payment shall be processed following the conclusion of such agreement, through the payment method you selected at the time of making the Series Reservation.

You may cancel a Series Reservation prospectively by completing the procedures for cancelling a Series Reservation prescribed by the Company at least two (2) days prior to the release date of such Series Contents. (Series Contents for which the agreement between you and the Company has already concluded pursuant to the preceding paragraph cannot be canceled). You understand that unless a Series Reservation is timely cancelled, payments shall automatically be settled on each release date of the Series Product in accordance with the preceding paragraph.

Browsable Period of the Paid Contents

You understand that there may be a browsable period set for some Paid Contents. We may at any time and from time to time remove Paid Contents. We may allow you to use a trial reading of all or part of some Paid Contents for free of charge for a certain period provided, however, that the trial period may be changed or terminated without prior notice to you, and you consent thereto in advance. We may at any time terminate the distribution of free Contents or change free Contents to Paid Contents.

Certain Paid Contents that require you to pay a fee may be removed from the browsing selection. However, once you pay a fee for a Paid Content, you will not lose access to such Paid Content even after the Paid Content is removed from the browsing selection.

BOOK☆WALKER Global Points (USD)

BOOK☆WALKER Global Points (USD) can be used only at the BOOK☆WALKER (Global Store). A BOOK☆WALKER Global Point (USD) can either be purchased from us through the prescribed procedures (“Standard BOOK☆WALKER Global Points (USD)”) or be granted to you as a free gift (“Limited Time BOOK☆WALKER Global Points (USD)”) in exchange for your participation in our projects or Applicable Transaction. You may use Standard BOOK☆WALKER Global Points (USD) or Limited Time BOOK☆WALKER Global Points (USD) in accordance with these TOS and separate terms of service.

You may purchase and use Standard BOOK☆WALKER Global Points (USD) through Services of BOOK☆WALKER (Global Store) . If you use the Services of BOOK☆WALKER (Global Store) from Japan, you cannot purchase BOOK☆WALKER Global Points (USD).

Limited Time BOOK☆WALKER Global Points (USD)

We may decide, at our sole discretion, the number of Limited Time BOOK☆WALKER Global Points (USD) to be granted, the date of grant, the term of Limited Time BOOK☆WALKER Global Points (USD), and any other conditions.

If we determine the invalidation, cancellation or change of an Applicable Transaction, we may decide not to grant Limited Time BOOK☆WALKER Global Points (USD) related to such Applicable Transaction, to cancel any Limited Time BOOK☆WALKER Global Points (USD) already granted or change the number of Limited Time BOOK☆WALKER Global Points (USD) to be granted in accordance with the change.

Standard BOOK☆WALKER Global Points (USD)

You may purchase Standard BOOK☆WALKER Global Points (USD) at the purchase unit and price, and using the payment method indicated on the Standard BOOK☆WALKER Global Points (USD) purchase confirmation screen in the Service. There is no limit on the number of Standard BOOK☆WALKER Global Points (USD) you may purchase or hold. There is no expiration date for Standard BOOK☆WALKER Global Points (USD) unless separately determined by us.

BOOK☆WALKER Global Points (USD) held

BOOK☆WALKER Global Points (USD) with earlier expiration dates will be used first. You can confirm your balance of BOOK☆WALKER Global Points (USD) you hold on the “BOOK☆WALKER Global Points (USD) Information and History” of your “My Account” held in the Service.

Restrictions on BOOK☆WALKER Global Points (USD)

You confirm that BOOK☆WALKER Global Points (USD) do not have any value other than in the Service and that you cannot use BOOK☆WALKER Global Points (USD) other than in the Service. You may not assign your BOOK☆WALKER Global Points (USD) to anyone.

If you hold BOOK☆WALKER Global Points (USD) in multiple accounts, such BOOK☆WALKER Global Points (USD) in separate accounts may not be aggregated.

Cancellation of BOOK☆WALKER Global Points (USD)

• You understand and agree that BOOK☆WALKER Global Points (USD) you hold will be immediately cancelled if any of the following occurs, regardless of the noted expiry date of such BOOK☆WALKER Global Points (USD).
  (1) If your account is deleted for any reason; or
  (2) If the use of BOOK☆WALKER Global Points (USD) in the Service is terminated.
  

  If you are in breach of these TOS, we may temporarily or indefinitely suspend your ability to purchase or use BOOK☆WALKER Global Points (USD). We may also take measures to delete all or part of the BOOK☆WALKER Global Points (USD) you hold.

Changes to or Termination of BOOK☆WALKER Global Points (USD)

We may, without any prior notice, make changes to the terms and conditions of use of the BOOK☆WALKER Global Points (USD). Any changes to material terms and conditions of use of the BOOK☆WALKER Global Points (USD) shall be posted in the Service, and an appropriate notice period will be established taking into account the impact the change will have on the user. If you use BOOK☆WALKER Global Points (USD) after the change in terms and conditions of use referenced in the preceding paragraph, you will be deemed to have consented to the terms and conditions of use as amended.

We may, by providing notice to you in the Service and with a reasonable notice period, terminate the sale of Standard BOOK☆WALKER Global Points (USD) in the Service.

Inquiries

For inquiries about BOOK☆WALKER Global Points (USD), please contact us via the inquiry form in the Service.

Gift Codes

• You may obtain Gift Codes through any of the following methods.
  (1) Complete the purchase procedure, pay the purchase price and we issue a Gift Code to you.
  (2) We issue a Gift Code to you in connection with an Applicable Transaction.
  (3) Receipt of Gift Codes through assignment from another user.
  

Gift Codes shall be valid for 180 days from the date of issue under section (1) or (2) of the preceding paragraph and Gift Codes shall be invalidated after the expiry date; provided, however, that if the expiry date is separately designated by us, it shall be valid until the said expiry date and Gift Codes shall be invalidated after the said expiry date.

Except when required by law, Gift Codes will not be refunded. User shall not resell or pledge Gift Codes.

All amounts paid for the Service including through the purchase of BOOK☆WALKER Global Points (USD) or Gift Codes, are non-refundable, except to the extent required by applicable law or as expressly set forth in these TOS.

Registration; Password

When registering for a BOOK☆WALKER (Global Store) account, you will be asked to provide your email address and password, gender, and date of birth. It is your responsibility to take reasonable steps to keep your password confidential and not knowingly or carelessly disclose your account information. If you think a third party may have obtained your password, you should immediately change your password. We will not be liable for damage caused to you by a third party using your login information regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If the information you registered with us has changed, please update your profile.

Use of your Personal Data

We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, we have the right to immediately and without notice, suspend or terminate your account and refuse any and all current or future use of the Service by you.

We are committed to protecting your privacy. Please review our Privacy Policy , which explains what information we collect from you and how that information is used. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy .

Minor Users

The Service is not intended for children under the age of 13. If you are under 13 years of age, do not use or provide any information to any App or Site.

If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian. We rely upon parents and guardians to determine if the Service is appropriate for the viewing or access by persons under the age of 18.

If you are over the age of 18, you agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

Taxes; Reporting

You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with your use of the Service. You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these TOS.

We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. We may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, we, in our sole discretion, may (d) revoke any rights granted to you by us hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, we may, in addition to the foregoing penalties, terminate your access to the Service.

Third-Party Services

The Service may contain links, login interfaces and other connections to third-party websites and apps. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of service, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.

Prohibited Conduct

You agree not to engage in any of the following conduct through the Service: (a) interfere with or disrupt the Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (b) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (c) use the Service to violate the law; (d) use the Service to harm minors in any way; (e) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead us or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Service for any commercial purpose, (i) use any other user's account for any purpose, including to circumvent a suspension or ban; (j) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications that are designed to modify the Service experience; or (k) submit false refund requests to us or any mobile application store, such as the Apple App Store or Google Play. We reserve the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these TOS or the Service and to take action as a result, which may include termination of your account and exclusion from further participation in the Service.

Changes, Suspension or Termination of the Service

We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance.

You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.

The license is effective until terminated by you or us. Your rights under these TOS will terminate automatically without notice from us if you violate any terms listed in these TOS regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Service and delete all copies of the Service.

You may, as the result of termination, lose your Service account and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these TOS for any reason, whether by you or us. We reserve the right to refuse to keep accounts for or provide access to the Service to anyone.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT THE SERVICE, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY FAILURE OF AN APP TO CONFORM TO ANY APPLICABLE WARRANTY ON A DEVICE PROVIDED BY APPLE, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE.

Indemnification

You are responsible for damages incurred by us and our affiliates as a result of your use of the Service and agree to defend, indemnify and hold harmless us and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Service and any breach of these TOS, the Privacy Policy or any other policies posted on the Service from time to time.

Third-Party Beneficiary

You acknowledge and agree that the mobile application store from which you obtained the App or any Service available via the App, including Apple, Google and its subsidiaries, is a third-party beneficiary of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, such store, including Apple and Google, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.

You acknowledge that, in the event of any user or third-party claim relating to the Service or your possession and use of the Service, the mobile application store from which you obtained the App or any Service available via the App (including Apple App store and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in these TOS limits our liability to you beyond what is permitted by applicable law.

No Support

You agree that we have no obligation to provide support relating to the Service. You further agree that the mobile application store from which you obtained the App or Service available via the App (including Apple App store and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. We may provide limited support to users who contact us via the “Communications” section of these TOS below, however, we may discontinue such support at any time.

You agree that the Apps and Sites may automatically download and install updates, upgrades and additional features that we deem reasonable, beneficial to you and/or reasonably necessary.

Export

You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Contents for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users

The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Communications

You agree that we may send e-mails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.

Disputes

As used in these TOS, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and us concerning the Service and your or our obligations and performance under these TOS, our Privacy Policy or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or our (or any of our licensors’) intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use. You acknowledge that Apple and Google are not responsible for addressing any Disputes.

Mediation and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You may opt out of arbitration within a limited period. Please see “Opt-Out Right” below.

Informal Negotiation. You and we agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and we otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or we provide written notice of the Dispute. You and we agree that neither will commence arbitration before the end of the time for informal negotiation.

Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent us or you from pursuing a claim in small claims court with applicable jurisdiction.

Limitation. You and we agree that any arbitration shall be limited to the Dispute between us and you individually. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.

Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use of the Service by emailing us at support@mail.bookwalker.jp_with your first and last name and the e-mail address associated with your account and stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.

This section survives termination of these TOS.

Governing Law

The laws of the State of Texas, USA, excluding its conflicts of law rules, govern these TOS and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of San Antonio, Texas, USA for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.

All services hereunder are offered by us, which may be reached at 22542 Alabado, San Antonio TX 78261, USA or by physical mail at the same address.

Severability

If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.

Delay in Enforcement

No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.

Complete Agreement

These TOS, the Privacy Policy, and any other policies posted in the Service from time to time, constitute the complete agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and us.