• If you are under 13 years old, you must have your parent's or guardian's, or (if you are using this at school) your teacher's, permission to use this site (the "Mangahigh Service") - this means that your parent, guardian or teacher must allow you to do so
• And if you are under a certain age and use the Mangahigh Service from a specific country (for example, if you are under 13 years old, in the case of the United States), you may be not allowed to register as a User
• If a parent or guardian is paying for your subscription, or if an institution (such as a school) or another enterprise has obtained Membership for you, then we refer to you as a "Member"
• If an institution (such as a school) or another enterprise is providing your Membership of the Mangahigh Service, then you must only use your Membership for so long as that institution or enterprise permits you to
• If you are a representative of an institution or another enterprise, and wish to arrange the purchase of multiple Memberships, then please contact us at sales@mangahigh.com

1. Introduction.

   This Agreement is a legal document which sets out your rights and obligations, and those of Blue Duck Education Limited, a company registered in England under registration number 6626639 ("Blue Duck", "we" or "us"), in relation to this site and the games and other products and services offered by Blue Duck through it (collectively, the "Mangahigh Service").

   The Mangahigh Service includes all versions of "Mangahigh", and any other online platforms released by Blue Duck from time to time, including all Blue Duck websites used to play the games that we make available. Mangahigh and Prodigi are Blue Duck trademarks.

   You must take the time to read and understand this Agreement before registering for the Mangahigh Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Mangahigh Service who do not register to become a User (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Mangahigh Service.

   You should be aware that this Agreement may change from time to time in accordance with Clause 21 below.

   Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there.

2. Types of membership.

   To use many features of the Mangahigh Service, we require you to register with us.

   If you register for the Mangahigh Service you become a "User". Users divides between those for whom a subscription fee is paid ("Members"), and non-Members. Members' subscriptions can be obtained and paid-for by a parent or guardian, or by an institution (such as a school) or another enterprise.

   If an institution (such as a school) or another enterprise is providing your Membership of the Mangahigh Service, note that you may only use your Membership for so long as that institution or enterprise permits you to do so.

   You can see the benefits of becoming a Member by visiting our Membership page.

   Parents or guardians can also sign-up to pay for a subscription on the Membership page.

   Note that we are not an internet service provider. In order to avail of the Mangahigh Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Registration.

   When you register to become a User, we ask you to provide some information about yourself (such as your age and email address, and the country where you live). You must be honest about this information.

   You should make sure that your parent or guardian, or (if you are using the Mangahigh Service at school) your teacher, is happy for you to register as a User of the Mangahigh Service. Note that we may prevent you from registering, or may remove your registration, as a User if it appears to us that you were not permitted - by your parent or guardian, your teacher or by law - to do so.

   You must not choose a username that could potentially infringe anyone's rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a username if we think it offends this Agreement.

4. Privacy policy.

   Blue Duck's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Mangahigh Service (including any which contain personal information) is, of course, accessible to internet users around the world.

5. Blue Duck's Role.

   We are not and cannot be responsible for the behaviour of Users - whether on the Mangahigh Service or outside of it. In particular, you should be aware that Blue Duck does not generally pre-screen or monitor the material (other than images - see below) contributed by Users.

   We only allow Members to upload images. If you are doing so, you should make sure that your parent or guardian, or (if you are using the Mangahigh Service at school) your teacher, is happy with the image. Note that we may prevent images from being put onto the Mangahigh Service if we think it is problematic in any way - either because it breaches any part of this Agreement, or because we think it is not appropriate.

   You can report all inappropriate communication or behaviour to us at complaints@mangahigh.com.

6. Games and other software; new services.

   We provide you with access to games and other software ("Software") through the Mangahigh Service. We grant you a personal, non-exclusive, non-transferable, limited licence to use the Software on any compatible computer from which you access the Mangahigh Service. All Software is protected by copyright and other intellectual property laws and treaties and is owned by us, our affiliates or licensors. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code, except where expressly permitted by law to do so. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software.

   Blue Duck or its affiliates may offer new or additional services through the Mangahigh Service from time to time. Your use of them may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement.

7. Operation of Mangahigh Services.

   Blue Duck reserves the right to withdraw or modify aspects of the Mangahigh Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Mangahigh Service becomes inaccessible as a result of technical difficulties experienced by Blue Duck or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

   There may be times when we make the Mangahigh Service unavailable so that we can conduct technical work on it. We will try to ensure that this planned downtime occurs only between 7am and 9am on Thursdays or is as otherwise specified in the Frequently Asked Questions section on the Mangahigh Service.

   Note that we will never ask you for your password, and that you are solely responsible for maintaining the safety and secrecy of your password and any additional identifying information. You will be responsible for the activities of anyone who uses your password to gain access to your account. If you think that someone may have obtained your password, you must change it immediately.

8. Misuse of Mangahigh Service.

   We reserve the right (a) to suspend or terminate any User's access to the Mangahigh Service, or parts of it, and/or (b) to remove, or require the User to remove, material posted on the Mangahigh Service, if the User or material appears to us, or to someone who has complained to us, to be in breach of any provision of this Agreement.

   Any person whose access has been suspended or terminated must not re-register for, or re-access, the Mangahigh Service without our prior consent. You are responsible for everything which is done on or through the Mangahigh Service while your Users account is logged on to the Mangahigh Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any User's access to the Mangahigh Service, or parts of it, if the relevant User is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another User, whether or not through the Mangahigh Service.

   For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Mangahigh Service, note that we cannot prevent determined people whose Users has been suspended or terminated from re-accessing the Mangahigh Service or re-registering as Users, in breach of their obligations under this Agreement.

9. Relevance. The Mangahigh Service is intended to be used by its Users for the purposes we describe in this Agreement and on the Mangahigh Service itself. Accordingly, Users must not:
   • place material on, or otherwise use, the Mangahigh Service for any business or commercial purpose; or
   • use your access to the Mangahigh Service, or information gathered from it, in connection with the sending of unsolicited bulk email (sometimes known as spam).
10. Fees.

    If you are (or become) a Member, note that if the subscription paid by your parent, guardian, institution (such as a school) or other enterprise, is not paid or renewed, your Membership will come to an end, and you will only have the ability to access the Mangahigh Service as a User.

11. Prohibitions.

    You must ensure that any material you post, or which is posted through a machine on which you access the Mangahigh Service, and all your activity and communication on the Mangahigh Service, is not capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading, or (d) being perceived as antisocial or disruptive.

12. Alerting Blue Duck.

    If you see anything on the Mangahigh Service which appears to infringe this Agreement, then please contact us to inform us by emailing us at complaints@mangahigh.com. We rely upon Users to point out material contributed by other Users which may infringe this Agreement.

13. Disclaimer and Release.

    Blue Duck has no control over or responsibility for the truth or accuracy of any material available on the Mangahigh Service that is provided by Users or others.

    If any third party sites are linked to from the Mangahigh Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

    You should exercise no lesser degree of caution in appraising what you see on the Mangahigh Service than you do offline.

    Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

    Therefore, to the extent that the law permits, you release Blue Duck its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the material included on the Mangahigh Service by Users and other third parties.

14. Intellectual Property.

    You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Mangahigh Service (including the Software and other content that we make available) are owned by Blue Duck its licensors. These rights protect all of the games you see on the Mangahigh Service, including the graphics of those games, their structure, gameplay and their "look and feel". It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Mangahigh Service, or any part of the games or other material which is found on the Mangahigh Service unless properly licensed to do so by us.

    By submitting any material to the content to the Mangahigh Service, you:
    1. are representing that you are fully entitled to do so;
    2. grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
    3. authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
15. Excluded loss.

    We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Blue Duck will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

16. Maximum liability.

    Without limiting the preceding Clause, the aggregate liability of Blue Duck under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the monthly Subscription fee payable by parents or guardians at the time liability arises, or (if greater) (b) the sums that have actually been paid for your then-current Membership.

17. Non-excluded Liabilities.

    Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

18. Indemnity.

    You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Mangahigh Service.

19. Assignment.

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.. You may not without the written consent of Blue Duck assign or dispose of this Agreement.

20. Entire Agreement.

    This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Mangahigh Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

21. Changes to this Agreement.

    Blue Duck reserves the right to change this Agreement from time to time, and post the new version on the Mangahigh Service. When we do so, we notify Users of the fact that there are changed terms on the main screen http://www.mangahigh.com/en_us/about/termsandconditions, and post the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Blue Duck Terms and Conditions until:

    • the next renewal date for the subscription fee payable by your parent or guardian, or (if you are using the Mangahigh Service at school) your school, if you are a Member; or
    • one month after the date when we post the new version, if you are a User.
22. Severability.

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

23. Law.

    This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

24. Keeping this Agreement.

    We don't separately file the individual Agreements entered into by members when they register for the Mangahigh Service. You can access it at http://www.mangahigh.com/en_us/about/termsandconditions/section/useragreement. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

25. Contact.

    You can contact us by post at Unit 4A, Heal's Building, 22-24 Torrington Place, London, WC1E 7HJ. Please make sure you include your full name and email address with all correspondence. Our VAT number is 944 1933 14

1. Who do you send email messages to?

   Apart from user initiated actions (such as password resets), we only send e-mails to users that have either opted-in to receive them or are paying for a subscription to Mangahigh for full access to our site.

2. When do you send messages to paid/subscribed users?

   We will send our members an e-mail invoice on the anniversary of their account, when the payment is processed (successfully or unsuccessfully).

   Also, we will notify our members by email of:
   • any significant change to our terms and conditions
   • any significant change to our service such as withdrawal of functionality or pricing changes
3. When do you send messages to "opted-in" users?

   We will send no more than 1 email a week detailing changes and updates to the Mangahigh service: this could be addition of new games, availability of new lessons on Prodigi®, changes to pricing or other similar announcements.

4. Who has access to my details?

   Blue Duck Education Ltd (operators and owners of Mangahigh.com ), a company registered in England and Wales under registration number 6626639, look after your details in accordance to the Data Protection Act. Blue Duck Education Ltd. is registered as a Data Controller at the Information Commissioner's Officer under number Z1748961. Only Blue Duck Education Ltd. and our mailing partner MailChimp Inc have access to your email address. We do not provide your contact details to anybody else.

5. How do I "opt-out" once I've opted in?

   You can opt out of receiving email notifications from your "Profile->Account" page.

6. I am a paid subscriber, how do I stop receiving payment notifications?

   Unfortunately, you cannot unsubscribe to email notification regarding payments, as it is a legal requirement for us to notify you of your payments and any associated changes to payments.

7. Do you sell my details to anybody else?

   No

8. Do you make your list email addresses available to anybody else to send messages to me?

   No, with the exception of MailChimp Inc. who handles the delivery of our bulk messages. MailChimp have an agreement with us to not use the email addresses for any other reason.

1. Personal data, or personal information as we sometimes call it, means data which is capable of identifying a living person. Users, Members and Parents will from time to time provide us with personal data, such as the following:
   1. name, address, email address, telephone number(s) and images
   2. in the case of Parents, payment information, such as credit card or bank account numbers;
   3. information based on Users‘ activities on the Mangahigh Service;
   4. correspondence between the User or Parent and us; and
   5. other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Mangahigh Service, ad data, IP address and web log information.
2. Your personal data will be collected, processed, stored and used by us, and passed to and processed by our subsidiary and/or affiliated companies and other data processors acting under contract with us to provide and promote the Mangahigh Service, to process payments you make to us, to provide customer support, and for other purposes referred to in this Privacy Policy the User Agreement and the Parent Agreement. It is possible that some of the computer systems and companies that process your data on our behalf may be based in countries outside the European Union (“EU”). Countries outside the EU may not have as well developed data protection laws to protect your information as those inside the EU, but we will contractually require that personal data which is processed on our behalf is treated in compliance with EU laws and this Privacy Policy.
3. In the course of using the Mangahigh Service, Users may make their personal data available to others. It is Users‘ responsibility to decide whether they wish to disseminate information about themselves (including personal data) in their use of the Mangahigh Service.
4. Cookies are small files which, depending on your browser settings, may be automatically stored on your computer's hard drive when your Web browser accesses a specific Web page. The cookies on the Mangahigh Service are set by us, or (where an advertiser deploys a cookie) by the advertiser. You may not be able to use certain aspects of the Services if your browser is set to reject cookies. You can find out how to manage cookies, and to make the changes to your browser that we refer to above at this site: http://www.aboutcookies.org/Default.aspx?page=1
5. The Mangahigh Service may also include very small files provided by one or more online advertising networks that help them more precisely to target advertising to users of the Mangahigh Service, based on users‘ activity on websites within those networks. These files do not access or use information by which users can be personally identified. If you wish, you can prevent these files from using non-personal information about you by either deleting the cookie folder in your browser or by putting your browser‘s Privacy setting higher, but doing so will mean that you will not be presented with advertising that reflects the way that you use our, and other, websites - and may well adversely affect your experience of websites that use cookies to enhance or personalize that experience.
6. We may use technology to collect anonymous information about the use of the Mangahigh Service. For example, our web server may automatically log which pages of the Mangahigh Service users view, their IP addresses and which web browsers they use. This technology does not identify the User personally, but enables us to compile statistics about the use of the Mangahigh Service, and to help target content and advertising to them more accurately.
7. The websites you visit, including those of advertisers, have their own privacy policies. We advise you to review the privacy policies of websites before providing them with any of your personal information.
8. We encourage you to tell us how you wish us to use your personal data for marketing of services and products to you.
   1. Emailed communications. We give you the option to receive emailed newsletters and/or marketing communications from us in relation to our or third parties‘ services and products that we think may be of interest to you; each such communication will give you the opportunity of opting-out of receiving future similar communications. See Clause 9 below concerning our Service Messages.
   2. Post and fax. We will not send marketing materials to you by post or fax.
9. Please note that we may send you important emails or text messages concerning your use of the Mangahigh Service (“Service Messages”). Service Messages are an integral part of the Mangahigh Service, and cannot be opted-out of, unless and until you have cancelled your use of the Mangahigh Service.
10. We take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved. We have security measures in place to protect our User database and access to this database is restricted internally. However, it remains each User's responsibility:
    1. to ensure no-one else uses the Mangahigh Service while the User‘s machine is "logged on" to the Mangahigh Service;
    2. to log off or exit from the Mangahigh Service when not using it; and
    3. to keep his/her password or other access information secret.
11. We will retain your personal data only as long as is necessary for the purposes to which you consent under your agreement(s) with us and this Privacy Policy, or as is required by applicable law, and then we will delete it.
12. Your personal data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority.
13. To inspect, change or correct your identity and contact information, please log-in to the Mangahigh Service and visit the ’Profile‘ section at http://www.mangahigh.com/en_us/account. If you have other questions about the handling or protection of your personal data, a written enquiry should be addressed to by email to privacy@mangahigh.com
14. We do not store credit card details nor do we share customer details with any 3rd parties
15. This Privacy Policy is governed by the laws of England and Wales.

Mangahigh.com® and Prodigi® are Registered Trademarks of Blue Duck Education Ltd in the United Kingdom and certain other jurisdictions. The Mangahigh logo, characters and other indices are trademarks and/or registered designs of Blue Duck Education Ltd in the United Kingdom and certain other jurisdictions. All other trade marks that appear on the Mangahigh website are the property of their respective owners and are used solely to refer to those companies' goods and services.

Mangahigh and Mangahigh.com are trading names of Blue Duck Education Limited ("Blue Duck"), a company registered in England under registration number 6626639, registered at the Information Commissioner's Officer as a Data Controller under registration number Z1748961, and registered for European VAT under number GB 944 1933 14.

Blue Duck Education Ltd's registered office is Unit 4A, Heal's Building, 22-24 Torrington Place, London WC1E 7HJ, United Kingdom

• These are the Terms and Conditions that apply to parents or guardians who sign up for a subscription to this site (the “Mangahigh Service”)
• The person for whom you pay that subscription – for the duration of that subscription – is referred to as a Member in the Blue Duck User Terms and Conditions (the “User Agreement”)
• For simplicity, we refer to anyone who signs-up for a subscription to the Mangahigh Service as a “Parent”

1. Introduction.

   This Agreement is a legal document which sets out your rights and obligations, and those of Blue Duck Education Limited, a company registered in England under registration number 6626639 ("Blue Duck", "we" or "us"), in relation to your role as a parent or guardian (“Parent”) who subscribes on behalf of a dependent of yours (the “Dependent User”) to use the games and other products and services offered by Blue Duck through this site (collectively, the "Mangahigh Service").
   You must take the time to read and understand this Agreement before agreeing to take a subscription to the Mangahigh Service (a “Subscription”). By registering, you accept that you are entering into a contract with us on the terms of this Agreement.

   You should be aware that this Agreement may change from time to time in accordance with Clause 13 below.

   Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages. You must inform us if your email address changes.

2. Our User Agreement.

   Your Dependent User must agree to our User Agreement as a condition of using the Mangahigh Service. If he or she does not do so, this will not entitle you to any rebate of the Subscription fees you pay to us. So by agreeing to pay those Subscription fees, you acknowledge – both for yourself and your Dependent User – that you have read and agreed to our User Agreement.

   Your Dependent User is referred to in the User Agreement as (a) a User, and (a) for so long as your Subscription to the Mangahigh Service continues, a Member. Those terms have the same meaning in this Agreement.

   By agreeing to this Agreement, you also agree to take responsibility for your Dependent User’s (a) use of the Mangahigh Service, and (b) compliance with the User Agreement.
   Note that we are not an Internet service provider. In order to avail of the Mangahigh Service, each User must have Internet access and all the software (and skills) required for email and web usage.

3. Subscriptions.

   If you decide to pay for your Dependent User to become (or continue as) a Member, you are agreeing that we will make the benefit of being a Member available to that Dependent User reasonably promptly after you pay the relevant Subscription fee. This means that you do not have the right to cancel your Subscription during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

   Our Subscription fee will be communicated to you when you sign up for Subscription.

   Subscription to the Mangahigh Service is periodic (ie, monthly, six-monthly or annual) and continuous. This means that the Subscription will be automatically renewed at the end of the then-current Subscription. You may check the status of your subscription at anytime by viewing your Account Settings. If you do not wish to proceed with automatic renewal of your Subscription, you will be able to do this by changing your Account Settings online at any time before the renewal date.

   If the Subscription fee is going to increase, we will notify by email of the amount of the new Subscription fee at least 14 days before it is implemented.

   A continuous Subscription may lapse due to our inability to take payment using your selected payment method – such as if you change credit card. In that event, you will need to arrange to make payment in order to renew your Subscription.

   Please note that we reserve the right to change the amount of the Subscription fee, the period which it covers and the Mangahigh Services that it enables your Dependent User to obtain. However, these changes will not take effect until your next Subscription renewal date, except with the agreement of the Parent.

   Unless otherwise stated by us on-screen, our Subscription fees are not refundable.

4. Cancellation & Refunds.

   Subscription to Mangahigh.com service is non refundable and non transferable.

   You may notify us of your intent to cancel your subscription at any time using one of the methods listed under section 17 of this agreement. However, the cancellation will take effect at the end of the current billing cycle. You will continue to have the same access and benefits of your subscription for the remainder of the current billing period. You will not receive a refund for the remainder of the current billing cycle.
   
   We reserve the right to cancel a paid up membership without a refund upon breach of the Rules and/or Terms and Conditions of the site.

5. Registration.

   If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges that are deducted from it.

6. Privacy Policy.

   Blue Duck's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data (and that of your Dependent User) as detailed in that policy.

7. Excluded loss.

   We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Blue Duck will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

8. Maximum liability.

   Without limiting the preceding Clause, the aggregate liability of Blue Duck under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the monthly Subscription fee payable at the time liability arises, or (if greater) (b) the sums that you have actually paid for your Dependent User’s then-current Membership.

9. Non-excluded Liabilities.

   Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability that may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

10. Indemnity.

    You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of (a) this Agreement by you, and (b) the User Agreement on the part of your Dependent User.

11. Assignment.

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.. You may not without the written consent of Blue Duck assign or dispose of this Agreement.

12. Entire Agreement.

    This Agreement includes our Privacy Policy and the User Agreement. Together they contain the whole of the agreement between us and you concerning the Mangahigh Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

13. Changes to this Agreement.

    Blue Duck reserves the right to change this Agreement from time to time, and post the new version on the Mangahigh Service. When we do so, we notify Parents by posting the new Agreement on our website. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Blue Duck Terms and Conditions until the next renewal date for the Subscription fee.

14. Severability.

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

15. Law.

    This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

16. Keeping this Agreement.

    We don't separately file the individual Agreements entered into by Parents. You can access it at http://www.mangahigh.com/en_us/about/termsandconditions. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

17. Contact.

    You can contact us by post at Unit 4a, 22-24 Torrington Place, London, WC1E 7HJ or via email at support@mangahigh.com. Please make sure you include your full name and email address with all correspondence. Our VAT number is 944 1933 14.