Effective January 29, 2015
1. Other Applicable Terms of Service
This Agreement is in addition to any End User License Agreement (each, a “EULA,” and collectively, the “EULAs”) or other terms (collectively with the EULAs, “Supplemental Terms”) provided in connection with the App, other components of our Service, or in connection with any of the products or features available through the Service. Such Supplemental Terms are incorporated herein to the extent that you use the App, other components of our Service, or such products or features.
2. Limited License to Digital Content
A. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement and any applicable Supplemental Terms (including, without limitation, payment of any applicable fees, including fees for Digital Content you license), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Digital Content for your personal, non-commercial use. Such license does not confer on you any ownership interest in such Digital Content. Words such as “purchase” or “sale” (and similar terms, including all tenses), as applied to Digital Content (including any Digital Content the Company makes available for free), refer to the grant to you of a limited license as described herein.
B. We may, in our sole discretion, make available to you a DRM-Free Backup (“Backup”) of certain Digital Content. Backups are digital files without access control features designed to prevent you from copying the files to your computer or other compatible device. They are provided in addition to and not instead of the primary versions of the Digital Content to which they relate and will not have all of the features and functions (such as our proprietary Guided View reading mode) of the primary versions of the Digital Content. Backups are Digital Content for purposes of this Agreement, are provided solely for your personal, non-commercial use, may not be transferred to others, and are subject to all of the terms of this Agreement, except that you may copy Backups solely for your personal, non-commercial use. Backups may contain unique identifiers associating each Backup with your account and your download of the file from our Service. Those identifiers will not contain your personally identifiable information and will not be visible to you. In our sole discretion, we may limit the number of Backups that you download from our Service for each primary version of Digital Content.
3. Limitations on Use
A. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Service, or publish or otherwise make the Service available to others. You may not, and may not encourage, authorize, or assist others to, (a) except as expressly authorized by applicable law, reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service, (b) modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content, (c) attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent, (d) attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse, (e) attempt to disguise the origin of any message or transmittal that you send to or through the Website or the Service, including by forging headers or otherwise manipulating identifiers, (f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity, (g) intercept any system data, personal information, or other data relating to the Service, (h) remove any proprietary notices or labels on the Digital Content or other components of the Service, (i) use the Service for any unlawful purpose, (j) take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure, or (k) use or launch any automated system, including any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other method or system that accesses, acquires, copies, or monitors any part of the Service in a manner that sends more requests to the Company’s servers or other infrastructure in any period of time than a human being could reasonably produce in the same period of time by conventional manual means (provided that the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right in its sole discretion at any time to revoke such permission either generally or in specific cases).
B. The Company reserves the right to revoke your license to the Digital Content if you violate the terms of this Agreement, any applicable Supplemental Terms, or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Digital Content or if the Company or the owner or licensor of the Digital Content no longer has the legal rights necessary to authorize distribution of that Digital Content. The Company may modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable before you access it but after you purchase it, your sole and exclusive remedy, and the Company’s sole and exclusive obligation, is a refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the Website or the Digital Content automatically terminates, as of right and without judicial means, the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.
C. If you are prohibited under applicable law from using the Service you may not use it.
D. You must be at least thirteen (13) years old to use the Service. Use of the Service by anyone under the age of thirteen (13) is unauthorized and unlicensed. If you are between thirteen (13) and eighteen (18) years old, you may only use the Service with the approval of your parents or guardian.
E. Use of the Service for a commercial purpose is unauthorized and unlicensed.
4. Intellectual Property and Other Rights
The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “comiXology Materials”), are protected by laws relating to confidentiality and the protection of intellectual property and proprietary rights, including copyright, patent, and trade mark laws. All comiXology Materials, including intellectual property rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the comiXology Materials except as expressly authorized by this Agreement and/or applicable law. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest in or to the comiXology Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
5. Reporting Infringement
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us and provide sufficient information for us to investigate the claim further. If you need information or have any claim about the Service, please contact us at the address or phone number referenced in section 22.
6. Registration, Purchases, and Subscriptions
A. To use some components of our Service, including the purchase of Digital Content through our Website, you must have an account with us. To create an account, you use our online registration process as follows:
i) You provide the information required by our online registration form, including your email address and birthdate and you choose your username and password;
iii) This step being taken, your account is created. We send you an email acknowledging your registration.
B. Certain features of the Service, such as purchasing a license to view certain Digital Content, require the payment of fees. All such fees must be paid in advance. The applicable fee and payment option are specified on the Website. The price remains valid as long as it remains accessible. Except if otherwise expressly stated on the Website, no delivery fee applies.
C. The purchase process is as follows on our Website:
i) You select the items you wish to purchase and place them in your cart;
ii) You provide you payment method, including any information required to identify and validate your payment method;
iii) You view your cart, which will show the items to be purchased and will give you the option to remove any or all items from your cart;
iv) You proceed to checkout, which will again show you the items to be purchased and will allow you to return to your cart, where you may remove any or all items;
v) You complete your order, and we send you an email confirming your purchase.
Digital Content is made available to you immediately after payment, therefore once you have paid for the Digital Content, the Service will have commenced and you will have no right to cancel and receive a refund.
D. We may offer subscriptions to certain series of Digital Content. The price of each issue in a series is the price of that issue at the time it is released. By subscribing to a series, you authorize us to charge your primary payment method for the price of each issue at the time of its release, which may be different from prices for past issues. We will send you an email confirmation when you choose to subscribe, and we will give you, by email, approximately seven (7) days advance notice of the next release date and issue price when that information is available to us. You may cancel your subscription at any time from your Manage Subscriptions page, which may be accessed directly through our Website or through a link in the confirmation or advance release notice emails. Cancellations may take up to twenty-four (24) hours to process and will be effective when processing is complete. You will not be charged for any issues released after your cancellation is effective. There will be no refunds for issues released before your cancellation is effective. The subscription will continue until you cancel or the series ends. We will notify you by email when each issue is released to you. Due to the nature of comic book publishing, the number of issues and release dates are variable and depend on publisher, creative, and production schedules. You will only be charged for issues released to you.
8. Third Party Fees
The use and operation of your mobile device and your use of mobile network services in connection with your use of the Website or the Service may be subject to separate third party terms of service and fees (such as roaming, data, and other applicable fees charged by your mobile network operator). You are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.
9. Changes to this Agreement
The Company may change this Agreement at any time. The Company may notify you of such changes by posting or displaying the revised Agreement on the Website, by email, or by any other method the Company chooses in its discretion. Changes are effective (the “Effective Date”) when the revised Agreement is made available through the Website or through any other method the Company chooses, or at any later date specified in the revised Agreement. Unless you object in writing within thirty (30) days of the Effective Date, your use of the Service, including the Digital Content, will be governed by the Agreement as changed. You should review this Agreement periodically while you are connected to the Internet so that you are aware of the most current rights and obligations relating to use of the Service. No changes to this Agreement will apply to your use of the Service prior to the Effective Date. The Agreement will note the effective date of each version.
The Company may terminate the Service and block or disable your access to the Website at any time, except as prohibited by applicable law. You may terminate the Service and cancel your account at any time by cancelling all active subscriptions, uninstalling the App, ceasing all use of Digital Content, and emailing us at email@example.com requesting that your account be terminated.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY 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 THAT MAY RESULT FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, AND THEIR SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND BUSINESS PARTNERS (COLLECTIVELY, THE “COMPANY AND ASSOCIATES”) WILL NOT BE LIABLE FOR LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE, ARISING OUT OF OR RELATING TO THE SERVICE, OR ANY DAMAGES ARISING OUT OF OR RELATING TO UNLICENSED OR UNAUTHORIZED USE OF THE SERVICE, OR FOR ANY LOSSES WHICH ARISE INDIRECTLY AS A RESULT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OR BASIS OF THE CLAIM AND WHETHER OR NOT THE COMPANY AND ASSOCIATES HAVE BEEN ADVISED OF, KNOW OF, OR COULD FORESEE THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY AND ASSOCIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AROSE, OR ONE HUNDRED EUROS, WHICHEVER IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY OR FOR CERTAIN TYPES OF LIABILITY TO BE LIMITED, AND, ACORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS AND CONDITIONS AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
13. Basis of the Bargain and Risk Allocations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
14. The Company’s Losses
You agree to reimburse the Company and Associates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable legal 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 violation of this Agreement or any applicable Supplemental Terms, or your violation of any applicable law or regulation.
15. Governing Law
To the maximum extent permitted by applicable law, all matters arising out of or relating to this Agreement shall be governed by English law. To the maximum extent permitted by applicable law, any actions between the Parties arising out of or relating to this Agreement shall be brought only in the courts of England and Wales.
16. Legal Restrictions
Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.
18. Captions and Terminology
The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms “include,” “includes,” “including,” and “such as” mean “include, without limitation,” “includes, without limitation,” “including, without limitation,” and “such as, but not limited to,” respectively.
The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.
20. Entire Agreement
This Agreement is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company as described in Section 9, or by a written agreement signed by you and an authorized executive officer of the Company.
21. No Waivers
The failure to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of the this Agreement.
22. Contacting the Company
The Service is offered by Iconology, Inc. If you have any questions or concerns about the Service, you may contact our subsidiary by writing to ComiXology Europe SAS, 42 avenue Montaigne, 75008 Paris (France), or the Company by email at firstname.lastname@example.org; by writing to Iconology, Inc., 512 Seventh Avenue, 12th Floor, New York, NY 10018 (USA); or by phone at: 1 (646) 412-7917.