CANVAS Terms of Use
Last Updated: April 30, 2024.
SECTION 14 CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. SECTION 14 AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND WEBTOON WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
THESE CANVAS TERMS OF USE (“CANVAS TERMS”) APPLY TO AND GOVERN YOUR PARTICIPATION IN THE WEBTOON CANVAS PROGRAM (THE “CANVAS PROGRAM”) OPERATED BY WEBTOON ENTERTAINMENT INC. (“WEI”) AND ITS RESPECTIVE AFFILIATES (HEREINAFTER, “WEBTOON,” “US,” OR “WE”). THE CANVAS TERMS FURTHER GOVERN YOUR USE OF THE USER GENERATED PLATFORM OF ENGLISH AND SPANISH LANGUAGE SERVICES OPERATED BY WEI (THE “CANVAS PLATFORM”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THE CANVAS TERMS ARE IN ADDITION TO AND SUPPLEMENT THE WEBTOON TERMS OF USE BETWEEN YOU AND NAVER WEBTOON LTD. (“NWL”) WHICH GOVERN YOUR ACCESS AND USE OF THE WEBTOON APP, WEBTOON WEBSITE, AND ACCESS TO AND USE OF THE WEBPAGES, PLATFORM, SERVICES OR CONTENT THEREIN OR PROVIDED THEREBY. WITH RESPECT TO THE CANVAS PROGRAM, TO THE EXTENT THERE IS A CONFLICT BETWEEN THESE CANVAS TERMS AND THE WEBTOON TERMS OF USE, THESE CANVAS TERMS SHALL CONTROL. DEFINED TERMS USED HEREIN THAT ARE NOT OTHERWISE DEFINED SHALL HAVE THE SAME MEANINGS AS SET FORTH IN THE WEBTOON TERMS OF USE.
1. Acceptance of the CANVAS Terms.
By participating in the CANVAS Program, including your uploading and publishing of your content or User Postings on the CANVAS Platform, and/or clicking on a button on the CANVAS Platform or through the CANVAS Program indicating your consent, you hereby agree to (1) these CANVAS Terms, (2) the Community Policy and Uploading Guidelines, and (3) the WEBTOON Ad Revenue Sharing Program Terms of Service, (4) WEBTOON Super Like Terms of Service (Creators), and other applicable policies and terms of WEBTOON, which are all incorporated herein by reference (collectively the “Agreement”), and you acknowledge that you have read and understand the WEBTOON Privacy Policy. The Agreement constitutes the entire agreement by and between WEBTOON and you. If you do not want to agree to the Agreement, you may not access or participate in the CANVAS Program.
2. Changes to the CANVAS Terms.
WEBTOON may make changes to the Agreement from time to time by publishing amended versions on the WEBTOON Website and/or the WEBTOON App. We will attempt to provide you with notice of any changes to the Agreement that materially affect your rights by notifying you via email, offering a notification within the WEBTOON Website or WEBTOON App, or by updating the date at the top of the Agreement. You should also periodically review the most up-to-date version of the Agreement on the WEBTOON Website and/or WEBTOON App. All modifications to the Agreement that we post on the Services will be effective immediately upon posting, and your continued use of the Services after we post changes to the Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop accessing or participating in the CANVAS Program.
3. Definitions.
a. “Creator Profiles” refers to the Services that allow you to customize your user profile page and make some or all of it public to other users of the Services for feedback and interaction.
b. “Digital Content” means webcomics, and digitized comic books, including single issues and trade publications, and other digital content provided on the CANVAS Program and via the Services.
c. “Services” means the WEBTOON App, WEBTOON Website, and access to and use of the webpages, platform, services or content therein or provided thereby.
d. “WEBTOON Website” means www.webtoon.com.
e. “WEBTOON App” means, collectively, WEBTOON’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (i) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (ii) manage your Digital Content and account settings.
f. “User Postings” means user content, including your Digital Content, any text, data, photographs, graphics, images, information, and any combination of these elements which you and other users may submit to the CANVAS Program and Services, including through comments and other features like Creator Profiles.
4. License to CANVAS Program User Postings.
a. Notwithstanding anything to the contrary in these CANVAS Terms, with respect to your digital comic posted pursuant to the CANVAS Program on the CANVAS Platform, (1) WEBTOON will not sell your digital comic to any unaffiliated third party for any reason, and (ii) the rights to modify or create derivative works (or to sublicense such rights) shall be limited to the sole purpose of marketing and promoting your digital comic, the CANVAS Program, the CANVAS Platform, and the Services.
b. For any User Postings posted or submitted by you through the CANVAS Program or on the CANVAS Platform, whether previously existing or posted or submitted going forward, you grant to WEI, to the maximum extent permitted under applicable laws, for so long as the User Postings are published and distributed on the CANVAS Platform, a nonexclusive, royalty-free, worldwide, transferable, sublicensable (through multiple tiers of sublicensees) license to access, use, perform (including publicly), display (including publicly), publish, distribute, transmit, monetize (e.g., by placing advertisements or charging for access), host, cache, store, reproduce (with respect to Digital Content, for platform purposes), modify (with respect to Digital Content, for platform purposes), create derivative works of (solely for the purpose of marketing and promotions as specified above), and otherwise exploit your User Postings for purposes of operating, administering, maintaining, and improving the CANVAS Platform, the CANVAS Program, and the Services, and promoting the same, in all media now known or hereafter devised. Once the User Postings have been removed from the CANVAS Platform, WEI shall no longer have the right to make any new uses based on the license provided herein; provided, however, WEI shall not be obligated to remove any prior uses made while the User Postings were previously distributed.
c. For the avoidance of doubt, the license in Section 4(a) includes the right to use your User Postings to market, promote, and publicize not only your User Postings (including excerpts of the Digital Content), but the CANVAS Program, the CANVAS Platform, the Services, and the other content published on our Services, in any and all languages, formats and media, whether now known or hereafter created, throughout the world. This means WEBTOON is allowed to, among other things, send emails featuring or displaying your User Postings, in whole or in part, (e.g., a character asset depicted in the body of the email, a feature article using a panel) to other WEBTOON users, or exhibit your User Postings, in whole or in part, on advertisements for the CANVAS Program, the CANVAS Platform, and/or the Services. As noted in Section 4(a) above, WEI’s right to make new uses of the User Postings for marketing and promotional activities shall only be available while the User Postings are published and distributed on the CANVAS Platform; provided, however, WEI shall not be obligated to remove any prior uses made while the User Postings was previously distributed, and you shall not have a right to request removal of such prior uses.
d. Likewise, by uploading your User Postings, you grant other users/readers the right to access, view, and use the User Postings via the CANVAS Platform and the Services, including the functions and/or features of the Services we make available to such users.
e. You represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted to us herein for any User Postings that you post or submit through the CANVAS Program on the CANVAS Platform, and that your User Postings will not contain any content or material that (i) violates the Content Guidelines (as described in the Community Policy and Uploading Guidelines) or (ii) is subject to copyright, publicity, or other proprietary or privacy rights, unless you have the necessary permissions and are otherwise legally entitled to post the material and to grant WEBTOON the license described above.
5. Monetization Programs and Payments.
a. WEBTOON Ad Revenue Sharing Program. The WEBTOON Ad Revenue Sharing Program is operated by NWL and is designed to provide a sustainable revenue stream for CANVAS creators. WEBTOON will place ads in association with your Digital Content and/or User Postings and revenue will be shared with you pursuant to the WEBTOON Ad Revenue Sharing Program Terms of Service, which govern your participation in the program. There are two types of ads that can be displayed on your Digital Content and/or User Postings (subject to meeting certain requirements): (i) Viewer Ads, and (ii) Reward Ads. Please see the sections on “Membership in the Program” and “Ad Display Application and Requirements” in the WEBTOON Ad Revenue Sharing Program Terms of Service for more details. Defined terms used in this Section 5(a) that are not otherwise defined shall have the same meanings as set forth in the WEBTOON Ad Revenue Sharing Program Terms of Service.
i. Description of Net Ad Revenue. “Net Ad Revenue” means that amount equal to the gross amount actually received by WEBTOON from the third-party advertiser related to the Ad Display on your Approved Series, less all relevant operational costs and expenses of WEBTOON, including, without limitation, fees paid to third parties. You will only be entitled to receive Net Ad Revenue generated from Ad Display on your Approved Series. All other revenue generated from advertising inventories of the Service not associated with your Approved Series belongs to WEBTOON.
ii. Ad Revenue Sharing Account. Upon acceptance into the WEBTOON Ad Revenue Sharing Program, WEBTOON will establish an Ad Revenue Sharing Account (“Account”) and related ‘AD SHARING’ Tab for you. Your portion of Net Ad Revenue, if any, will be posted to your Account on a monthly basis, and updated in the ‘AD SHARING’ Tab, generally on the 21st day of each month. You may not receive an individual email notification indicating that you have received payment of any Net Ad Revenue or that your Account has been updated.
iii. Percentage of Net Ad Revenue Sharing. Subject to the WEBTOON Ad Revenue Sharing Program Terms of Service, WEI will share fifty percent (50%) of the Net Ad Revenue associated with an Approved Series with the applicable Member who uploaded the Approved Series (even where there are multiple creators of the Approved Series).
iv. No Guarantees. We do not guarantee how much, or whether, you will be paid any Net Ad Revenue.
v. Right to Refuse Payment. You will not be entitled to any Net Ad Revenue in your Account if WEBTOON suspects or determines in its sole discretion that the Approved Series or your use of the Service violates the Agreement, or any applicable laws or regulations. Such violations may include, without limitation, the following:
- Your Approved Series or any of your content is in violation of the Community Policy and Uploading Guidelines;
- Third parties claim rights regarding the Approved Series and/or any of your content, including, without limitation, copyright claims;
- Your membership in the WEBTOON Ad Revenue Sharing Program is suspended or cancelled; or
- Ad Display on the Approved Series has been suspended by WEBTOON.
vi. Payment Conditions; Minimum Balance Requirement. You are only entitled to payment of Net Ad Revenue if the balance in your Account meets the minimum threshold amount of US$100, and monthly payments are released only in US$100 increments. For example, if the balance in your Account is US$250, your next payment will be for US$200, and US$50 will remain in your balance until the amount reaches the minimum threshold of US$100 again.
vii. Payment Schedule. Your Account balance will update monthly, generally on the 21st day of each month (for the prior month’s revenue), and be displayed on the ‘AD SHARING’ Tab. You may not receive a separate email notification regarding payment updates. Provided you are in compliance with the Agreement, and your current balance in your Account meets the minimum threshold amount of US$100, you will receive payment no later than the 15th day of the following month, provided, however, that WEI reserves the right to delay payment in the event we suspect you have violated the Agreement and/or these Terms.
viii. Payment Requirements. In order to receive payment, you must register with and maintain a valid Patreon ID or PayPal ID and submit all complete and accurate payment information in the ‘AD SHARING’ Tab on your dashboard. WEBTOON is not responsible for any payment error, including any unpaid Net Ad Revenue amount, if such error is a result of incorrect Patreon or PayPal account information.
ix. Taxes. You are solely responsible for the payment of all taxes (if any) associated with your participation in the WEBTOON Ad Revenue Sharing Program, including your receipt of any Net Ad Revenue, as well as the preparation and timely filing of all documentation required by taxing authorities having jurisdiction over you and/or your activities. WEI may withhold from any amounts payable under the WEBTOON Ad Revenue Sharing Program such Federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation. All payments to you from WEI, whether through Patreon, PayPal, or otherwise, in relation to the WEBTOON Ad Revenue Sharing Program will be treated as inclusive of tax (if applicable) and will not be adjusted.
x. Payment at Time of Program Opt-Out or Account Deletion. If you opt out of your membership in the WEBTOON Ad Revenue Sharing Program and/or delete your Account, and there is a balance of US$10 or more in your Account, WEI will pay you such amount in excess of US$10. Any balance reflected in your Account below the applicable threshold of US$10 will not be paid out.
b. WEBTOON Super Like Program. The WEBTOON Super Like Program is a monetization program operated by NWL and is designed to provide CANVAS readers a new way to meaningfully engage with and give appreciation to CANVAS creators and provide a monetization channel for CANVAS creators. Your participation in the WEBTOON Super Like Program is governed by the WEBTOON Super Like Terms of Service (Creators). Defined terms used in this Section 5(b) that are not otherwise defined shall have the meanings as set forth in the WEBTOON Super Like Terms of Service (Creators).
i. Payment Conditions.
Creators participating in the WEBTOON Super Like Program are entitled to a share of the net revenues from the sale of Super Likes.
WEI will transfer the eligible Creator seventy percent (70%) of Super Like Net Revenue to the Patreon or PayPal account that you provide and will only make such payment if the balance in your account for Super Like Net Revenue meets the minimum threshold amount of US$100. On a monthly-basis, payments of the Super Like Net Revenue will be made if the Super Like Net Revenue meets the minimum threshold amount of US$100. For example, if the balance in your account is US$250, your next payment will be US$250, and until your balance exceeds the minimum threshold of US$100 again, no further payment will be made.
The following terms, as used herein, have the following meanings: (i) “Super Like Net Revenue” shall mean Super Like Gross Revenue minus Super Like Deductions; (ii) “Super Like Gross Revenue” shall mean the non-refundable, total revenue actually received by NWL from users purchasing Super Likes (excluding chargebacks, refunds, and sales taxes, if any) and directly utilizing the purchased Super Likes on Creator’s content; and (iii) “Super Like Deductions” shall mean thirty percent (30%) of the Super Like Gross Revenue, which encompasses all application and in-app fees (e.g., Apple App Store, Google Play Store) related to the Super Like feature; provided, however, WEBTOON, in its discretion, may decrease the amount of the Super Like Deductions (and therefore increase Super Like Net Revenue) with respect to certain application and/or platform fees and commissions.
You agree that when a Fan is entitled to a refund of the payments for any Super Like under any applicable laws, the refunded amount shall not be applied towards Super Like Gross Revenue, and to the extent any such amounts have already been paid to you, WEBTOON reserves the right to debit the refunded amount from your then-current Super Like revenue balance.
ii. Payment Information. You will need to provide WEBTOON with all of the information requested in such dashboard including, without limitation, your name, citizenship, address, email address, Tax ID, applicable Tax Forms and either Patreon ID or PayPal ID (“Payment Information”). If you are already participating in the WEBTOON Ad Revenue Sharing Program and have provided WEBTOON with your Payment Information, you agree to allow this information to be automatically populated in your dashboard. The information you provide must be complete and accurate. You specifically consent to WEBTOON's use of your Payment Information in accordance with the WEBTOON Super Like Program Terms of Service. WEBTOON is not responsible for any payment error, including any unpaid Super Like revenue due to you, if such error is a result of incorrect Payment Information. You should note that if you have multiple series which are published as ORIGINALS as well as CANVAS, you will have two separate Super Like accounts for the ORIGINALS series and CANVAS series, respectively.
iii. Payment Schedule. Your account balance will be updated on between the 20th and 22nd day of each month (for the prior month’s Super Like Net Revenue) and be displayed on your Creator ‘Super Like’ Tab. You will not receive a separate email notification regarding payment updates. Provided you are in compliance with the Agreement (including the WEBTOON Super Like Program Terms of Service), and your current balance in your account meets the minimum threshold amount of US$100, you will receive payment no later than the 15th day of the following month, provided, however, that WEI reserves the right to delay payment in the event we suspect you have violated the WEBTOON Super Like Program Terms of Service or any other provision of the Agreement, or for any other reasonable circumstance (provided WEI shall use commercially reasonable efforts to resolve such circumstance and process payment promptly).
iv. Payment Restrictions. In the event WEBTOON suspects or determines you are in violation of the WEBTOON Super Like Program Terms of Service, any other provision of the Agreement, any applicable laws or regulations, or engage in any fraudulent behavior, as determined by WEI, WEI may withhold payments of your share of Super Like Net Revenue for a limited duration of time as determined by WEI, in our sole discretion.
v. Taxes. You are solely responsible for the payment of all taxes (if any) associated with your participation in the WEBTOON Super Like Program, including your receipt of any Super Like Net Revenue, as well as the preparation and timely filing of all documentation required by taxing authorities having jurisdiction over you and/or your activities. WEI may withhold from any amounts payable to you under this WEBTOON Super Like Program such Federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation. All payments to you from WEI in relation to the WEBTOON Super Like Program will be treated as inclusive of tax (if applicable) and will not be adjusted.
6. Conditions of Participation.
a. To participate in the CANVAS Program, you must be at least thirteen (13) years old (or the minimum permissible age under the applicable law of your jurisdiction, if higher) (“Minimum Age”). Participation in the CANVAS Program by anyone under the Minimum Age is unauthorized. By participating in the CANVAS Program, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you may not access or use the CANVAS Program.
b. If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a “Minor(s)”), you may only participate in the CANVAS Program under the supervision of a parent or legal guardian (“Representative(s)”) who agrees to be bound by the Agreement.
c. You represent to us that (i) you are at least of Minimum Age or otherwise will provide us with contact information of your parent or guardian in order for us to obtain consent consistent with the laws of your jurisdiction and (ii) if you are a Minor, you may only participate in the CANVAS Program under the consent and supervision of a Representative who agrees to be bound by the Agreement. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your participation in the CANVAS Program if it comes to our attention that any of your representations to us are not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these CANVAS Terms before you start to participate in the CANVAS Program or any other products or services offered by WEBTOON. We advise Representatives who permit their represented Minors to participate in the CANVAS Program to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Services. Represented Minors permitted to use any interactive service should be made aware by their Representatives of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors.
d. Acceptable Use. You may not access or use, or attempt to access or use, the CANVAS Program or any other part of the Services to take any action that could harm WEBTOON, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the CANVAS Program, or use the CANVAS Program or Services in a manner that violates any laws. For example, and without limitation, you may not:
i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
ii. allow any other person to participate in the CANVAS Program or use the CANVAS Platform or Services under your account;
iii. engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
iv. take any action that imposes an unreasonable or disproportionately large load on WEBTOON’s network or infrastructure;
v. use any device, software, or routine to interfere or attempt to interfere with the proper working of the CANVAS Program, the CANVAS Platform, or the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the CANVAS Program, the CANVAS Platform, or the Services;
vii. distribute any unauthorized materials or advertise or promote goods or services through the CANVAS Program, the CANVAS Platform, or the Services without WEBTOON’s permission (including, without limitation, by sending spam); or
viii. engage in any other conduct that restricts or inhibits any person from using or enjoying the CANVAS Program, the CANVAS Platform, or the Services, or that, in WEBTOON’s sole judgment, exposes WEBTOON or any of WEBTOON’s users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. WEBTOON may investigate and work with law enforcement authorities to prosecute users who violate the Agreement.
e. Compliance with Law and Reservation of Rights. You must use the CANVAS Program, the CANVAS Platform, the Services, and Digital Content in compliance with applicable laws, and you may not use the CANVAS Program, the CANVAS Platform, or the Service in any manner that may have a detrimental effect on the CANVAS Program, the CANVAS Platform, the Service, WEBTOON, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in the Agreement are reserved to WEI.
f. Content Moderation. You acknowledge and agree that we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate Digital Content, User Posting, and other content on the CANVAS Platform or the Services for violations of the Agreement or existing and future policies and guidelines, and applicable law. Our content policies, and the penalties for violating them, are more particularly described in our Community Policy and Uploading Guidelines
7. Privacy.
a. WEBTOON 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 CANVAS Platform or the Services. The WEBTOON Privacy Policy is available on the Services and applies to your participation in the CANVAS Program and your use of the CANVAS Platform and the Services. Please read the Privacy Policy to understand the ways in which we collect and use your personal information.
b. If you access third-party services, such as Facebook, Google, or X (formerly known as Twitter), through the Services to login to the CANVAS Program or the Services, or to share information about your experience with the CANVAS Program with others, these third-party services may be able to collect information about you, including information about your activity on the CANVAS Platform or the Services, and they may notify your connections on the third-party services about your use of the CANVAS Platform or the Services, in accordance with their own privacy policies.
c. If you choose to engage in public activities on the CANVAS Platform or the Services, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.
d. WEBTOON may communicate with you about the CANVAS Program, the CANVAS Platform, or the Services, including through one or more third party e-mail or survey services, via methods determined by WEBTOON, including through the CANVAS Program or the Services or contact information you provide as part of the registration process for the CANVAS Program or the Services. You consent to receive communications from WEBTOON that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods WEBTOON may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or the Agreement; and (iv) tell you about future WEBTOON programs, products, or services.
8. Advertisements and Third-Party Services.
a. WEBTOON may provide its own advertisements or any third parties’ advertisements to you, online or offline, including but not limited to, on the CANVAS Platform or the Services, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third-party advertiser’s products or services. Advertisements may consist of scripts, text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
b. The CANVAS Platform or the Services may contain or accept links to third party services or contents, and integrations with third party platforms, like social media sites. WEBTOON does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content, and integrations. Use of any linked third-party service, content and integrations is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party services, and we have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding any such third-party service or resource or any link thereto, should be directed to the particular third-party service or resource.
9. Termination and Suspension.
You may stop participating in the CANVAS Program at any time. We reserve the right to, at any time with or without notice: (i) modify, suspend or terminate operation of or access to the CANVAS Program, the CANVAS Platform, or the Services, in whole or in part for any or no reason; and (ii) interrupt the operation of the CANVAS Program, the CANVAS Platform, or the Services, in whole or in part as necessary to perform routine or non-routine maintenance, error correction or other changes. Your rights under the Agreement will automatically terminate if you fail to comply with any term of the Agreement. In case of such termination, you must cease all use of the CANVAS Program, the CANVAS Platform, and/or the Service, and WEBTOON reserves the right to immediately revoke your access to the CANVAS Program, the CANVAS Platform, and/or the Service. Without limiting the foregoing, WEBTOON may, at its sole discretion, suspend your access to the CANVAS Program, the CANVAS Platform, or the Service in part or in whole if you fail to comply with any term of the Agreement. WEBTOON’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of WEBTOON’s rights or remedies.
10. Disclaimer of Warranties.
USE OF THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBTOON OR ANY REPRESENTATIVE OF WEBTOON CREATES A WARRANTY, AND THE CANVAS PROGRAM, THE CANVAS PLATFORM, AND THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WEBTOON AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. WEBTOON MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICE OR YOUR ACCESS TO AND USE OF THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. WEBTOON IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR PARTICIPATION IN THE CANVAS PROGRAM OR YOUR USE OF THE CANVAS PLATFORM OR THE SERVICES. WEBTOON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICES. WEBTOON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBTOON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED FROM WEBTOON OR THROUGH THE SERVICES CREATES A WARRANTY OR REPRESENTATION THAT IS NOT EXPLICITLY MADE IN THIS PARAGRAPH. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF WARRANTIES AS SET FORTH ABOVE. IN THOSE JURISDICTIONS SOME OR ALL PARTS OF THE ABOVE SECTION LIMITING SUCH WARRANTIES MAY NOT APPLY TO YOU. IN SUCH CASES, AN ADDENDUM STIPULATING OTHERWISE MAY APPLY TO YOU AND YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, WEBTOON AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY RELATED TO THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR ANY OTHER COMPONENT OF THE SERVICES, ANY LOSS OF PROFITS, REVENUE, DATA, USE OF THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICES OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CANVAS PROGRAM, THE CANVAS PLATFORM, OR THE SERVICES, EVEN IF WEBTOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPATION IN THE CANVAS PROGRAM, AND USE OF THE CANVAS PLATFORM, OR ANY OTHER COMPONENTS OF THE SERVICES IS AT YOUR SOLE RISK.
YOU SPECIFICALLY ACKNOWLEDGE THAT WEBTOON SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, WEBTOON'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THE AGREEMENT WITH RESPECT TO ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID IN SERVICE FEES HEREUNDER.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless WEBTOON, its affiliates, and their respective owners, officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, causes of action, demands, damages, costs 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 participation in the CANVAS Program and your use of the CANVAS Platform or the Services, your Digital Content, your User Postings, your violation of the Agreement, or your violation of any applicable law or regulation, including without limitation all claims of third parties regarding infringement or violation of such third party’s rights (including without limitation personal rights and/or copyrights) by your Digital Content and/or User Postings.
13. Governing Law; Disputes.
a. Access to the CANVAS Platform or the Services may not be legal by certain persons or in certain countries. If you are such prohibited person or you access the CANVAS Platform or the Services from such prohibited countries, you do so on your own initiative and are responsible for compliance with applicable local laws.
b. The Agreement shall be interpreted in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
c. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to the Agreement that is not resolved by binding Arbitration as provided in Section 14 shall be instituted exclusively In the federal courts of the United States or the courts of the State of California, in each case located In the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
14. Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, WEBTOON and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or the Agreement (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
a. Notice of Dispute. In the event of a Dispute, you or WEBTOON must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by registered mail to WEBTOON at 5700 Wilshire Blvd., Suite 220, Los Angeles, CA 90036 Attention: Legal Department and also via e-mail to dl_wlegalnotice@webtoonscorp.com. WEBTOON will send any Notice of Dispute to you by e-mail address or registered mail to your address if WEBTOON has it. You and WEBTOON will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or WEBTOON may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met.
b. Mediation, Binding Arbitration and Governing Law. You and WEBTOON shall endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation shall be Los Angeles, California. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or WEBTOON may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 14. 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, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator shall decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of the Agreement (e.g., unconscionability). For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable JAMS rules. The place of arbitration shall be Los Angeles, California. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
c. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor WEBTOON will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other users of the CANVAS Program or the Services. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
d. Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer, or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees.
e. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, WEBTOON and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
f. Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If WEBTOON files, then WEBTOON will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines.
g. Filing Period. To the extent permitted by law, any Dispute under the Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred.
h. Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to the Agreement (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: dl_wlegalnotice@webtoonscorp.com.
i. WEBTOON AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION 14.
15. Complete Agreement and Severability.
The Agreement is the entire agreement between you and WEI regarding the CANVAS Program and the CANVAS Platform, and supersedes all prior understandings regarding such subject matter. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
16. Contact Information
For help with the CANVAS Program and the CANVAS Platform, please contact our Creator Support team at creatorsupport@webtoon.com.