Terms and Conditions

Key Collector Comics LLC ("Key Collector Comics") provides individuals and businesses with a platform through which they can obtain and track information about comics and comic related products in the consumer marketplace. Specifically, Key Collector Comics is a database and price guide of curated information to help collectors identify which comics are valuable or significant to the history of comic books. The suite of services provided by Key Collector Comics through its Apps, Social Media, and Website (collectively, “Key Collector Comics Services”) are provided subject to its Terms of Use (“Key Collector Comics Terms of Use”).

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by Key Collector Comics in providing you Key Collector Comics Services. These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse Key Collector Comics Services. By visiting the Website, installing any of the Apps, and/or using any of the Key Collector Comics Services, you shall have affirmed your agreement to these Terms of Use.

1. Definitions

“Account” means “Key Collector Comics Account.”

"Apps" means any applications developed and/or offered by Key Collector Comics.

"App Services" means any content and services provided by Key Collector Comics through its Apps.

"Consumer" means any individual or entity that uses products or services of businesses.

“Consumer User” means any User of Key Collector Comics who is not a Business User.

"Content" means all material, whether publicly posted or privately transmitted, available on or through any of the Key Collector Comics Services.

“Customer” means any Key Collector Comics User.

“Customer Content” means User Content.

"GDPR" means the European Union’s General Data Protection Regulation.

“Paid Features” means those features available through Key Collector Comics Services accessible only under a paid or subscription plan.

“Publishers” means individuals publishing content through Key Collector Comics Services. “Key Collector Comics” means the definition provided in 14.1.2 below.

“Key Collector Comics Account” means an account associated with a Key Collector Comics User who uses or has used Key Collector Comics Services.

“Key Collector Comics Content” means any Content excluding Customer Content or User Content.

“Key Collector Comics Customer” means a Key Collector Comics User.

"Key Collector Comics Services" means the suite of features, products and services offered through Key Collector Comics, its Apps, its App Services, the Website, and the Website Services.

"Key Collector Comics Trademarks" means any trademarks, tradenames, logos, and other commercial designs of Key Collector Comics or licensed to Key Collector Comics, whether or not formal registration exists including, but not limited to, “Key Collector Comics.”

“Key Collector Comics User” means any person who uses or has used Key Collector Comics Services including, but not limited to, Business Users and/or Consumer Users.

"Software" means any necessary software used in connection with the Key Collector Comics Services.

“Store Content” means Content available for purchase through Key Collector Comics Services. At this time, apart from Paid Features, Key Collector Comics does not offer content for sale through its platforms. However, it may do so in the future.

"Strategic Partners" means those trusted partners that Key Collector Comics employs, engages, or retains to perform functions and/or provide services on its behalf.

“Third-Party Content” means content provided to a User created or published by a party (eg another user) other than the specific User receiving such content or Key Collector Comics.

“User” means any individual or entity that uses Key Collector Comics Services.

“User Content” means any Content uploaded to and/or created through the Key Collector Comics Services by a Key Collector Comics User without Key Collector Comics involvement (apart from providing the means to do so).

"Username" means the valid email address provided by each Key Collector Comics User to be used as their username or login identification and use of an Apple relay.

"Website" means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name KeyCollectorComics.com.

"Website Services" means the services provided by Key Collector Comics through the website at the domain name KeyCollectorComics.com and any of our other websites that may be used from time to time.

2. Modifications to Terms of Use.

2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that Key Collector Comics may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2 Should Key Collector Comics alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Websites, particularly https://www.keycollectorcomics.com/terms.

(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

(C) As otherwise required by law.

2.3 If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the Key Collector Comics Services subject to these Terms of Use. However, where any monies have already been paid, there shall not be any refunds. Consequently, for any paid or subscription plan, you will not be refunded any monies for partial or unused periods of time.

2.4 If you continue to use any of the Key Collector Comics Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.

2.5 We may ask that you acknowledge your agreement to any modified Terms of Use. However, even if we do not do so, your continued use of Key Collector Comics Services will be subject to the modified terms.

2.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages ("bookmarking") may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

3. Key Collector Comics Services.

3.1 Key Collector Comics provides individuals and businesses with a platform through which they can obtain and track information about comics and comic related products in the consumer marketplace. Specifically, Key Collector Comics is a database and price guide of curated information to help collectors identify which comics are valuable or significant to the history of comic books.

3.2 Key Collector Comics provides its Users a variety of tools to use in association with the Key Collector Comics Services.

3.3 No Guarantees of Accuracy of Information. Key Collector Comics cannot guarantee the accuracy of information provided by its Users.

3.4 Deletion of Content. Except as provided elsewhere in these Terms of Use, all User Content will no longer be accessible to you upon deletion or termination of your Account.

3.5 Enhanced Services. Key Collector Comics may use some of your personal information to provide you with Enhanced Services from time to time including, but not limited to, content based on your geo location, age, gender, and other criteria. Some of the Enhanced Services may involve content from and/or related to third parties. However, Key Collector Comics will not share any of your PII with third parties in order to do so.

3.6 Changes to Service. Key Collector Comics reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the Key Collector Comics Services, in whole or in part. Any modifications to any of the Key Collector Comics Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use. Sometimes, updates to Key Collector Comic’s Software and/or code may require your computer to install additional third party software. Key Collector Comics will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Key Collector Comics Services shall not affect the enforceability of these Terms of Use.

3.7 Key Collector Comics makes no representation that any Content will be error free. Indeed, any information may be the subject of error including descriptive, typographical, photographic, or monetary value. Key Collector Comics, LLC may make changes to the information, images, and/or values that comprise its database at any time without notice.

4. Pricing, Payments, and Billing

4.1 Nature of Paid Content and Services.

4.1.1 Store Content. Key Collector Comics may provide Content for which a payment will be required (“Store Content”). Should you select, seek to access, and/or access this Store Content, you agree to pay the fee indicated. You also agree not to use any such Store Content without having paid the applicable payment.

4.1.2 Paid Features. Key Collector Comics may provide features as part of the Services for which a payment will be required (“Paid Features”). Should you select, seek to access, and/or access any of these Paid Features, you agree to pay the fee indicated. You also agree not to use any such Paid Features without having paid the applicable payment.

4.2 Pricing. Key Collector Comics reserves the right to change any applicable fees and prices for any Store Content, Paid Features, and/or any other content or Services for which a payment is required at any time. Should Key Collector Comics change any such pricing, Key Collector Comics shall provide its existing Key Collector Comics Customers with at least thirty (30) days notice consistent with Section 17.17.

4.3 Method of Payments. Key Collector Comics reserves the right to choose the forms of payment accepted for Key Collector Comics Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments. Key Collector Comics may use Strategic Partners for billing purposes. We commit to using secure connections for payment processing.

4.4 Advance Billing. For certain Key Collector Comics Services (for example, Paid Features), Key Collector Comics may bill in advance on a recurring basis. In such circumstances, Key Collector Comics may seek your authorization to do so. Key Collector Comics may also, in its sole discretion, provide you with diverse subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences. By choosing your subscription service plan, method of payment, and applicable billing cycle, you expressly authorize Key Collector Comics to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Key Collector Comics Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded. Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

4.5 Renewals. For the convenience of its Key Collector Comics Users, Key Collector Comics automatically renews subscription plans.

4.6 No Refunds. All purchases are final. Key Collector Comics does not refund purchased services. Consequently, you will not receive a refund for periods wherein you did not use Key Collector Comics Services should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Indeed, even where we exercise our right to block, deny, or terminate access to certain content, features or options, you will not be not entitled to a refund.

4.7 Timing of Payments. Payments must be authorized and/or made at the time of purchase. Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

4.8 Third Party Payments. Key Collector Comics is not responsible for your use of any third party payment providers and their operation or availability. All payments for paid content are carried out by these third party payment providers.

4.9 Taxes and Other Excluded Costs and Fees.

4.9.1 Payments for Key Collector Comics Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

4.9.2 You are also solely responsible for all costs involved in the use of the Key Collector Comics Services including, but not limited to, communication costs associated with your use of (mobile) devices, Internet access, and roaming charges.

4.10 Insufficient Funds and Chargebacks. Key Collector Comics processes all payments to it through a third party. Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Key Collector Comics.

5. Conduct

5.1 Lawful Purposes. Key Collector Comics Services shall be used for lawful purposes only. You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines.

5.2 Accurate Information. You agree to provide Key Collector Comics with true, accurate, and current information as requested when registering for Key Collector Comics Services and/or purchasing products from Key Collector Comics.

5.3 At time of registration, you must provide certain information that identifies you to other Key Collector Comics Customers. In doing so, you may not violate a third party's intellectual property rights or use names that happen to be offensive or inappropriate.

5.4 Whether you connect to Key Collector Comics Services directly or through a third party, you shall be solely and entirely responsible for any and all use of the Key Collector Comics Services through your Account and/or stored on your mobile devices, including the confidentiality and security of such information, Content, the Account, and its password. As such, you are solely responsible for any User Content that you exchange, provide, or upload through Key Collector Comics Services. Key Collector Comics shall not be responsible for such User Content or your conduct. Consequently, we recommend and require that:

(A) You not permit any other person to use your Key Collector Comics Account, except for those authorized individuals provided with their own Sub Accounts;

(B) You do not assign or transfer your Account or its login information to any other person or entity;

(C) You should always be aware of and pay cautious attention to the context and environment in which you exchange, provide or upload content; and,

(D) You promptly inform Key Collector Comics of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Key Collector Comics Account or its login information.

5.5 Reserved for Future Use.

5.6 Specific Prohibited Conduct: You agree, represent, and warrant that you shall not use Key Collector Comics Services for any of the following:

5.6.1 Violating any applicable local, state, national, or international law, or any rules or regulations or treaties thereunder;

5.6.2 Infringing, misappropriating, and/or violating any intellectual property rights and/or any other rights of Key Collector Comics;

5.6.3 Renting, licensing, loaning, (re-)selling, trading, or distributing the Key Collector Comics Services;

5.6.4 Creating, copying, or modifying any works derivative of the Key Collector Comics Services;

5.6.5 Infringing, misappropriating, and/or violating any the privacy, intellectual property rights, or any other rights of a third party;

5.6.6 Posting, displaying, or disseminating harmful Content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

5.6.7 Posting, displaying, disseminating, or transmitting Content that is lewd, indecent, obscene, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Key Collector Comics in its sole discretion;

5.6.8 Posting, displaying, disseminating, or transmitting Content that is defamatory, degrading, or libelous;

5.6.9 Posting, displaying, disseminating, or transmitting any nudity or pornographic material;

5.6.10 Posting, displaying, disseminating, or transmitting any spam, as Key Collector Comics maintains a strict policy forbidding any spam or misuse of email services within its Key Collector Comics Services;

5.6.11 Harvesting or otherwise collecting data about others, including email addresses, without their consent;

5.6.12 Forging or manipulating headers to disguise the origin of content;

5.6.13 Interacting with other Users in a manner that violates these Terms of Use or in an otherwise unlawful manner;

5.6.14 Jeopardizing your safety or the safety of others through use of the Key Collector Comics Apps, Website, and/or Key Collector Comics Services;

5.6.15 Reserved for Future Use;

5.6.16 Seeking to obtain private financial information from any User;

5.6.17 Impersonating any other person;

5.6.18 Providing any false information;

5.6.19 Registering or attempting to register an account with Key Collector Comics without its express authorization after having been terminated or suspended by Key Collector Comics for any reason;

5.6.20 Engaging in any activity that, directly or indirectly, interferes with or disrupts Key Collector Comics Services; and/or

5.6.21 Attempting to interfere with Key Collector Comic’s security measures; and/or

5.6.22 Causing any of the foregoing prohibited conduct to occur through a third party or automated process.

Unless otherwise specified, the prohibitions in 5.6 apply to intentional and unintentional conduct.

5.7 Should you believe that a Key Collector Comics Customer or person has violated any of the foregoing prohibited uses in 5.6, you should immediately notify Key Collector Comics via [email protected].

5.8 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify Key Collector Comics via [email protected].

5.9 You assume all liability for anything purchased using Key Collector Comics Services through your Account, whether intended for you or for a third party.

5.10 Should you post or publish any content owned by a third party, you represent that you have a license to or otherwise may legally publish such content.

5.11 You expressly agree, represent, and warrant that your use of the Apps, Website, and Key Collector Comics Services shall comply with these Terms of Use and comply with all applicable laws.

5.12 Removal of Content. Key Collector Comics reserves the right, in its sole discretion, to review, screen and delete any User Content at any time for any reason.

5.13 Cancellation of Account. You may cancel your Account at any time. Before doing so, Key Collector Comics recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Key Collector Comics Services. To effectively cancel your Account, please contact us at [email protected] for assistance. Upon doing so, the cancellation of your Account will take place promptly. Upon cancellation, all of your Content may be deleted permanently. Additionally, you may lose all prior achievements and reward levels. Key Collector Comics shall not be responsible for the loss of any Content, achievements, rewards, milestones, or other information due to the cancellation (or termination) of a Key Collector Comics Account. Key Collector Comics is not responsible should an Account remain active if the cancellation procedure described above is not followed.

5.14 Termination of Account. Key Collector Comics reserves the right to refuse its Key Collector Comics Services to anyone should it believe that the Key Collector Comics Services have been abused. For a non-exclusive list of what Key Collector Comics considers abuse, you should refer to Section 5.6 above. Though specific prohibited conduct has been listed, Key Collector Comics reserves the right to consider any action or conduct inconsistent with the intended use of Key Collector Comics Services to constitute abuse. Should Key Collector Comics believe that the Key Collector Comics Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other Key Collector Comics agreement or policy, Key Collector Comics may (a) terminate an account immediately; (b) refuse its Key Collector Comics Services to anyone; and/or (c) take any further action as permitted by law. Additionally, Key Collector Comics may terminate a Key Collector Comics Account immediately in the event that Key Collector Comics believes, in its sole discretion, that a Key Collector Comics Customer is "flooding" the Key Collector Comics Services. Key Collector Comics also reserves the right to suspend or terminate a Key Collector Comics Account should Key Collector Comics become involved in pending litigation or other similar dispute with a Key Collector Comics Customer in relation to the Key Collector Comics Account, or for any other reason. Should a Key Collector Comics Customer become involved in litigation or other similar dispute in relation to a Key Collector Comics Account, Key Collector Comics also may suspend or terminate the Key Collector Comics Account immediately and without notice. Should Key Collector Comics become aware of litigation relating to a Key Collector Comics Account, Key Collector Comics reserves the right to preserve content associated with the Key Collector Comics Account.

5.15 Consequences of Termination. Should your Account become terminated, Key Collector Comics may, in our sole discretion and without liability to You, remove and discard any information associated with your account including, but not limited to, any Content, Customer Content, achievements, reward levels, or other associated information. Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination. Key Collector Comics shall not be liable to you or any third-party for any termination of your Account or your use of the Key Collector Comics Services. Any Key Collector Comics Customer whose Account has been terminated by Key Collector Comics may not access the Key Collector Comics Services without the prior express written permission of Key Collector Comics. There shall be no refunds for any use of Key Collector Comics Services terminated as a result of a breach of these Terms of Use. Key Collector Comics may also refuse registration, terminate an account, and/or refuse Key Collector Comics Services to any person who registers or attempts to register an account with Key Collector Comics without authorization after having had an account previously suspended or terminated by Key Collector Comics. In particular, should Key Collector Comics identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

5.16 Cessation of Use. Should your account be terminated for any reason, you must immediately cease using the Key Collector Comics Services and remove any Content you have been using from your devices.

5.17 Should the Key Collector Comics Services become terminated globally for any reason, all Key Collector Comics Accounts shall be terminated immediately, without any prior notifications by Key Collector Comics or liability.

6. Objectionable Content.

6.1 Key Collector Comics does not endorse any User or Third-Party Content made available via Key Collector Comics Services. Key Collector Comics reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use. However, the failure of Key Collector Comics to delete any post and/or Content does not constitute an endorsement of it.

6.2 Key Collector Comics is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Key Collector Comics Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact Key Collector Comics via [email protected].

6.3 You understand that you may be exposed to Third Party Content that is objectionable, indecent or otherwise offensive. Third Party Content may also contain material that, unbeknownst to Key Collector Comics, violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Third Party Content and we cannot review or verify whether the Third Party Content is accurate, useful or harmless. Should you come across Third Party Content which violates any applicable law or regulation (including intellectual property, privacy laws and regulations), please notify Key Collector Comics via [email protected].

7. Intellectual Property Rights

Except for User Content and Third-Party Content, Key Collector Comics owns all rights, title and interest, including but not limited to intellectual property rights, in and to the Key Collector Comics Services (which include databases, Software, features, and applications) and/or or its licensors.

7.1 Software.

7.1.1 Key Collector Comics Services and any necessary software used in connection with the Key Collector Comics Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. Key Collector Comics or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software.

7.1.2 Except as expressly authorized by Key Collector Comics or our Strategic Partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

7.1.3 Except as expressly authorized by Key Collector Comics or our Strategic Partners, you may not decompile, reverse engineer, or otherwise (attempt to) extract the source code of the software provided by Key Collector Comics or its licensors.

7.2 Copyright.

7.2.1 Key Collector Comics shall possess and retain all copyrights to content created by Key Collector Comics (“Key Collector Comics Content”).

7.2.2 Key Collector Comics may use content obtained from third party sources. All rights to such Third Party Content remains with the owners of such third party content.

7.2.3 You should not copy any of images from Key Collector Comics as the images may contain protected intellectual property. Should you use an image that contains Third-Party Content, you understand that you may be sued for infringement of such content. In such a case, Key Collector Comics shall not be liable for your use of such content or any claims brought against you by applicable third-parties.

7.2.4 By using Key Collector Comics Services, you provide Key Collector Comics an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to use your User Content for purposes of providing Key Collector Comics Services in relation to your Account and displaying content to other Key Collector Comics Customers, Users, and the general public.

7.2.5 Moreover, by using Key Collector Comics Services, you provide Key Collector Comics an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to modify, translate, adapt, modify, publish, display and distribute any content (including User Content) which you upload, provide or exchange on or through the Key Collector Comics Services. Without affecting 7.2.3 and other aspects of this license, this license is restricted to the goal of enabling Key Collector Comics to perform, display, distribute and promote its Key Collector Comics Services, including but not limited to providing you with access to the content. Your license includes a right for Key Collector Comics to make the content available and sublicense it to Publishers, suppliers, licensors, other companies, organizations and individuals with whom Key Collector Comics cooperates with in providing the Key Collector Comics Services or developing and providing other services. Key Collector Comics may also use any such Content to promote the Key Collector Comics Services. You represent and warrant to Key Collector Comics that you have all necessary rights, power and authority to grant the license.

7.2.6 Apart from providing Key Collector Comics a license to use your Customer Content, you retain all rights to your Customer Content.

7.2.7 You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use. However, you may not frame any elements of Key Collector Comics Services within any other website.

7.2.8 Your use of any third party software or content obtained through the Key Collector Comics Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Key Collector Comics Services except as expressly authorized under the applicable third party provider's terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers' terms of use or license agreement, do not download or use the third party software or content.

7.2.9 Database. Key Collector Comics considers and treats its database to be proprietary information. You agree that its database comprises proprietary information. Key Collector Comics also asserts a copyright over the database. Although some courts may interpret copyright laws differently, if not completely contrary to law, you agree to construe the database as protected by copyright law. In any case, any conduct and/or use of the database that would otherwise infringe a copyright in the database shall, if a court deems the database not to be protected by copyright, be considered an express and material violation of these terms giving rise to a claim for breach of contract. The damages and remedies available for such breach shall be the same as those provided under the federal copyright statute.

7.3 Trademarks.

7.3.1 You agree to not use Key Collector Comics Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the Key Collector Comics Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Key Collector Comics Trademarks.

7.3.2 You agree to not use any logo, graphic, or mark used by Key Collector Comics or any of its licensors in connection with the Key Collector Comics Services.

7.3.3 Key Collector Comics reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

7.3.4 For purposes of displaying your Account and content associated with it, you permit Key Collector Comics to use your name and trademark, if applicable. You also allow Key Collector Comics to use your name and trademark in a manner consistent with fair use.

7.3.5 Upon receiving written request consistent with Notices provided herein, Key Collector Comics will remove your name and/or trademark except as necessary to continue providing you with Key Collector Comics Services. All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Key Collector Comics.

7.3.6 You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Key Collector Comics Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

7.4 Generally. Any unauthorized copying (either digitally or manually), display, distribution, reproduction, sale, sharing, use, or preparation of derivative works of any Key Collector Comics’ IP (including trademarks and any copyrighted work) without the express written consent of Key Collector Comics, LLC is expressly prohibited. Any attempt to engage in such conduct (whether successful or not) is also expressly prohibited.

7.5 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

7.6 Limited License. All Key Collector Comics Content is the proprietary property of Key Collector Comics and/or its licensors, with all rights reserved. No Key Collector Comics Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Key Collector Comic’s prior written permission. Provided that you are eligible for use of Key Collector Comics Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the Key Collector Comics Services and the Key Collector Comics Content, including a limited license to download or print a copy of any portion of the Key Collector Comics Content to which you have properly gained access solely for your use in relation to the Key Collector Comics Services. This license is non-exclusive, and you may not assign your license. You may not upload or republish Key Collector Comics Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Key Collector Comics Services or Key Collector Comics Content without the prior written permission of Key Collector Comics, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

7.7 Unauthorized Access or Circumvention. As stated above, Key Collector Comics takes the privacy of its Key Collector Comics Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to Key Collector Comics servers and/or should any Key Collector Comics Customer attempt to exceed or exceed his/her/its authorized access to Key Collector Comics servers, Key Collector Comics shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. Moreover, Key Collector Comics shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.

7.8 Key Collector Comics does not own any personal content, data, or information provided by individuals. The ownership of this content and information can vary depending on circumstances and law. In particular, the GDPR provides EU consumers with certain rights related to their personal information. Key Collector Comics respects these rights.

8. DMCA Policy

8.1 Key Collector Comics respects the intellectual property rights of others and prohibits anyone from uploading, posting, or otherwise transmitting through Key Collector Comics Services any materials that violate another party's intellectual property rights. When Key Collector Comics receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act ("DMCA").

8.2 If you believe that any material on or through the Key Collector Comics Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

8.3 If you believe that your own copyrighted work is accessible on or through the Key Collector Comics Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information: (A) Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Key Collector Comics can locate the material; (B) Identify the URL or other specific location on the Website or Key Collector Comics Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above; (C) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf; (D) Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (E) Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; and, (F) Include your name, mailing address, telephone number and email address.

8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:

Charles Lee Mudd Jr. Mudd Law 411 S. Sangamon Street Suite 411 Chicago, Illinois 60607 [email protected] 312 964 5051 312 803 1667 8.5 Key Collector Comics has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Key Collector Comics may also in its sole discretion limit access to the Key Collector Comics Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

9. RESERVED FOR FUTURE USE

10. RESALE OF SERVICE Unless otherwise agreed to in writing by Key Collector Comics, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Key Collector Comics Services.

11. INDEMNIFICATION You agree to defend, indemnify, and hold Key Collector Comics (as defined in 14.1.2) harmless against and from any charge, claim, complaint, costs, damages, demand, expenses, liabilities, or losses, including reasonable legal fees (including but not limited to attorney's fees, paralegal fees, costs and expenses), made by any third party against Key Collector Comics due to or arising out of: (A) your use of and/or connection to the Apps, Website, and/or Key Collector Comics Services; (B) your creation or sharing of any content obtained through use of the Apps, Website, and/or Key Collector Comics Services to any third party; (C) the use of any content downloaded from the Apps, Website, and/or Key Collector Comics Services to your computer and/or servers; (D) your violation of these Terms of Use; (E) information you sent, submitted, used, electronically received, distributed, stored, viewed, posted, printed, uploaded, downloaded, or otherwise transmitted through the Apps, Website, and/or Key Collector Comics Services; (F) any misuse, intended or unintended, of any Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or (G) your violation of any rights of any other individual or entity, whether you are a registered user or not. You are responsible for your actions when using the Apps, Website, and/or Key Collector Comics Services, including, but not limited to, costs incurred for Internet access. This term specifically includes a duty to defend. In all cases, Key Collector Comics shall have the right to choose its own counsel.

12. DISCLAIMER OF WARRANTIES

12.1 THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

12.2 KEY COLLECTOR COMICS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES;

THE ABILITY OF THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT;

ANY WARRANTIES THAT INFORMATION IS CORRECT AND RELIABLE; AND/OR

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF KEY COLLECTOR COMICS IN THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12.3 KEY COLLECTOR COMICS IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE, OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, KEY COLLECTOR COMICS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

12.5 KEY COLLECTOR COMICS MAKES NO WARRANTY THAT THE APPS, WEBSITE, KEY COLLECTOR COMICS SERVICES, AND/OR CONTENT THEREON WILL BE ERROR FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE KEY COLLECTOR COMICS SERVICES, OR OTHER INTERACTION WITH THE KEY COLLECTOR COMICS SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE KEY COLLECTOR COMICS SERVICES. WE DO NOT WARRANT THAT (i) THE KEY COLLECTOR COMICS SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE KEY COLLECTOR COMICS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KEY COLLECTOR COMICS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE KEY COLLECTOR COMICS SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.7 KEY COLLECTOR COMICS MAKES NO GUARANTEES AS TO THE VALUE OR EXPECTED VALUE OF ANY PRODUCT. THE VALUE MAY FALL BELOW OUR EXPECTATIONS, REMAIN THE SAME, OR INCREASE. ANY CHANGE IN VALUE COULD BE SIGNIFICANT OR NOMINAL. THE INFORMATION PROVIDED HAPPENS TO BE FOR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON IN MAKING ANY FINANCIAL DECISION. WE EXPRESSLY INDICATE THAT YOU SHOULD NOT HAVE ANY EXPECTATION AS TO THE VALUE OF A PRODUCT OR THE MARKET IN GENERAL BASED ON ANY INFORMATION OBTAINED FROM KEY COLLECTOR COMICS. YOU SHOULD MAKE ANY DECISION TO BUY, SELL, OR TRADE ANY PRODUCT INDEPENDENTLY AND BASED ON ALL INFORMATION AVAILABLE TO YOU. KEY COLLECTOR COMICS DOES NOT SUGGEST, RECOMMEND, INSTRUCT, OR OTHERWISE ENCOURAGE ANY SPECIFIC TRANSACTION.

12.8 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES.

13. THIRD PARTY LINKS AND PRODUCTS

13.1 IN CONNECTION WITH THE KEY COLLECTOR COMICS SERVICES, KEY COLLECTOR COMICS MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

13.2 KEY COLLECTOR COMICS NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

13.3 KEY COLLECTOR COMICS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

13.5 KEY COLLECTOR COMICS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE. KEY COLLECTOR COMICS HAS NO RESPONSIBILITY FOR ANY THIRD PARTY COOKIES OR THEIR USE OF PERSONAL INFORMATION YOU PROVIDE THEM.

13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY KEY COLLECTOR COMICS, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. KEY COLLECTOR COMICS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES' POLICIES AND TERMS.

14. LIMITATION OF LIABILITY

14.1 GENERAL TERMS. FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

14.1.1 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.

14.1.2 “KEY COLLECTOR COMICS” SHALL MEAN KEY COLLECTOR COMICS LLC; ITS SUBSIDIARIES; AND, ITS OWNERS, MANING MEMBERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS.

14.1.3 “KEY COLLECTOR COMICS PARTIES” SHALL MEAN KEY COLLECTOR COMICS AND ITS SUPPLIERS, LICENSEES, LICENSORS, STRATEGIC PARTNERS, AND ANY OTHER PARTIES ACTING ON BEHALF OF OR PROVIDING SUPPORT AND/OR BACKED SUPPORT TO KEY COLLECTOR COMICS.

14.1.4 IN ADDITION TO THE DEFINITION ABOVE, “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY KEY COLLECTOR COMICS AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

14.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY KEY COLLECTOR COMICS OR ANY PART OF KEY COLLECTOR COMICS AS DEFINED ABOVE.

14.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

14.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF KEY COLLECTOR COMICS WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.

14.2 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES.

14.3 FORCE MAJEURE. YOU AGREE TO EXCUSE KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES FROM, AND AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY DELAY OR FAILURE TO PERFORM OR SATISFY, IN WHOLE OR IN PART, DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD; ACTS OF GOVERNMENT (ORDERS, RESTRICTIONS, OR OTHER ENFORCEMENT); FAILURE OF OPERATING SYSTEMS; FIRE; FLOOD; FORCE MAJEURE (GENERALLY); IMPERFECT COMPUTER TRANSMISSIONS; INTERNET DISRUPTIONS OR UNAVAILABILITY; LABOR DISPUTES; LOSS OF DATA; NATURAL CATASTROPHES OR DISASTERS; PANDEMICS (AND GOVERNMENT RESPONSE TO PANDEMICS); POWER OUTAGES; RIOT; TERRORISM; UNAVAILABLE NETWORK CONNECTIONS; OR, SIMILAR OCCURRENCES (EACH A “FORCE MAJEURE EVENT”).

14.4 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES. SIMILARLY, KEY COLLECTOR COMICS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

14.5 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:

14.5.1 THE USE OF OR THE INABILITY TO USE THE KEY COLLECTOR COMICS SERVICES;

14.5.2 THE LOSS OF ACHIEVEMENTS OR REWARDS OR LEVELS OR RELATED EVENTS ASSOCIATED WITH YOUR USER CONTENT;

14.5.3 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE KEY COLLECTOR COMICS SERVICES;

14.5.4 THE PROVISION OF KEY COLLECTOR COMICS SERVICES OR ANY CONTENT AVAILABLE THEREIN;

14.5.5 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;

14.5.6 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE KEY COLLECTOR COMICS SERVICES;

14.5.7 THE DISCLOSURE OF ANY PARTY'S IDENTITY OR IDENTIFYING INFORMATION;

14.5.8 THESE TERMS OF USE; OR

14.5.9 ANY OTHER MATTER RELATING TO THE KEY COLLECTOR COMICS SERVICES,

14.6 THE LIMITATIONS HEREIN APPLY EVEN IF KEY COLLECTOR COMICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING THEREFROM.

14.7 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE. WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF KEY COLLECTOR COMICS TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED $1.00 OR THE AMOUNT OF ANY SINGLE OR MONTHLY PAYMENT YOU PAID TO KEY COLLECTOR COMICS, WHICHEVER IS GREATER.

14.8 IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES, OR YOU HAVE ANY DISPUTE WITH KEY COLLECTOR COMICS IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES.

14.9 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR KEY COLLECTOR COMICS SERVICES.

14.10 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES. PARTICULARLY, KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

14.11 YOU AGREE THAT KEY COLLECTOR COMICS AND THE KEY COLLECTOR COMICS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

14.12 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (i) THAT THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (ii) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR KEY COLLECTOR COMICS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE KEY COLLECTOR COMICS SERVICES WILL BE CORRECTED.

14.13 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND KEY COLLECTOR COMICS SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM BY VIRUSES, WORMS, OR ANY OTHER HARMFUL CONTENT.

14.14 IF, NOTWITHSTANDING THESE LIMITATIONS, KEY COLLECTOR COMICS OR ANY OF THE KEY COLLECTOR COMICS PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGES WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF KEY COLLECTOR COMICS SERVICES, SUCH LIABILITY SHALL IN NO EVENT EXCEED $1.00, THE PRICE PAID FOR THE APP OR SUBSCRIPTION (IF ANY), OR THE AMOUNT OF ANY SINGLE OR MONTHLY PAYMENT YOU PAID TO KEY COLLECTOR COMICS, WHICHEVER IS GREATER.

15. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

16. RESERVED FOR FUTURE USE.

17. General Provisions

17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

17.2 Applicable Law.

17.2.1 These Terms of Use shall be construed and enforced in accordance with the laws of the State of Illinois without regard to its conflicts of laws provisions. Similarly, the laws of the Illinois (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Key Collector Comics.

17.2.2 You also agree the venue for any action, arbitration, dispute or proceeding with respect to this Agreement or any dispute between you and Key Collector Comics shall be within Illinois.

17.2.3 You further agree to submit to personal and subject matter jurisdiction within Illinois. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.

17.3 Assignment. Without giving notice to you, we may at any time assign our rights under any agreement with you to any other company, individual or organization in our sole discretion.

17.4 Arbitration Clause.

17.4.1 Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information and GDPR (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or Key Collector Comics Services shall be settled by arbitration in Chicago, Illinois. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration Rules and Procedures (or then-existing equivalent) of the JAMS (or then-existing equivalent). The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

17.4.2 PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KEY COLLECTOR COMICS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM IT. SPECIFICALLY, YOU MAY NOT BRING A CLASS ACTION SUIT OR FILE CERTAIN CLAIMS IN COURT.

17.4.3 Where any party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, the party may choose to file in state or federal court within Illinois, as applicable and appropriate to the claims at issue. Where a dispute includes such claims as well as other claims, the entire dispute may be brought in such a court for purposes of efficiency.

17.4.4 The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

17.4.5 A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association.

17.4.6 The arbitration shall be confidential.

17.4.7 The arbitrator may award legal fees (including, but not limited to, attorneys' fees, paralegal fees, etc.), expenses, and costs as part of the award. In fact, other than class procedures and remedies expressly limited, the arbitrator has the authority to grant any remedy that would otherwise be available in a court.

17.4.8 Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly.

17.4.9 All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney's fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

17.4.10 Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction, all subject to the jurisdiction limitations specified above.

17.4.11 The state or federal courts of Illinois shall have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration.

17.4.12 With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at [email protected].

17.5 Class Actions Waived. You expressly waive any right to participate in any class action, class arbitration, or other representative action or proceeding against Key Collector Comics for any claims related to the Apps, Website, and/or Key Collector Comics Services. In fact, by using the Apps, Website, and/or Key Collector Comics Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions, class arbitrations, or other representative actions or proceedings against Key Collector Comics.

17.6 Corporate Authority. Where the User is an entity, the person executing this Agreement on behalf of such entity represents and warrants that they have been duly authorized to bind and to act on behalf of the entity and that this Agreement is binding upon said entity in accordance with this Agreement’s terms.

17.7 Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among the Parties with respect to the subject matter hereof and, consequently, supersede and preempt any prior written or oral understandings, agreements, or representations by or among the Parties. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alter or contradict any aspect of these Terms of Use. Indeed, you affirm that you are not relying upon any oral or written representations whatsoever, except as expressly set forth in these Terms of Use.

17.8 Force Majeure. Key Collector Comics has a force majeure exclusion specified above in 14.13.

17.9 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in Key Collector Comic’s Privacy and Security Policy.

17.10 Reserved for Future Use.

17.11 Independent Parties. You and Key Collector Comics are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and Key Collector Comics. At no time shall you or Key Collector Comics act as an agent for or make commitments for or in the name of the other party.

17.12 Jury Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with Key Collector Comics shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a jury trial in any action against Key Collector Comics for any claims related to the Apps, Website, and/or Key Collector Comics Services. In fact, by using the Apps, Website, and/or Key Collector Comics Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a jury trial in any action against Key Collector Comics.

17.13 Legal Advice Not Provided. You acknowledge and agree that Key Collector Comics has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with data privacy or other relevant laws, rules, or regulations. You agree not to construe any Key Collector Comics communications as legal advice.

17.14 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

17.15 Reasonableness. The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

17.16 Savings Clause. In the event that any provision of these Terms of Use is held to be illegal, invalid, unenforceable, or void by a court or tribunal of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the illegal, invalid, unenforceable, or void part had been deleted. Further, any provision held to be illegal, invalid, unenforceable, or void by a court or tribunal of competent jurisdiction shall be construed, if possible, to give effect to the Parties' intent. The Parties agree that any such provision, in its forms modified by the court or tribunal, shall then be enforceable and shall be enforced.

17.17 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Key Collector Comics Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Key Collector Comics Services shall accrue on the first date of publication.

17.18 Survival. You agree that certain of these Terms of Use shall survive termination or expiration of your use of the Key Collector Comics Services to achieve the fundamental nature and/or purposes of these Terms of Use including, but not limited to, Sections 1, 5-8, and 11-15, 17, particularly those relating to intellectual property, warranty exclusions, indemnity, limitations of liability, and applicable law.

17.19 Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

The failure of Key Collector Comics to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right. No employee, agent or representative, including without limitation a customer service representative, of Key Collector Comics shall be entitled to waive any term of these Terms of Use or any other Key Collector Comics' agreement or policy.

17.20 Notices. Notices by Key Collector Comics to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or Key Collector Comics Services, the fees, or other similar matters) may be provided by a general posting on the Website at KeyCollectorComics.com. Notices by you to Key Collector Comics may be given through electronic mail to [email protected] unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Key Collector Comics, you may not assume that your notice has been received.

17.21 Locations and Restricted Locations. Key Collector Comics hosts its Key Collector Comics Services in the United States and complies with United States laws. While possible to use Key Collector Comics Services from within the European Union, Asia, or any other region outside the United States, Key Collector Comics does not directly market Key Collector Comics Services to such jurisdictions at this time. The laws in such jurisdictions may differ from United States laws, particularly with respect to personal data. Should you use Key Collector Comics Services from one of these countries, you understand that such countries may have laws or regulations governing personal data collection, use, and disclosure that differ from United States laws. Please understand that you are transferring personal information to the United States and, by doing so, you consent to that transfer. In any case, United States laws shall govern your use and continued use of Key Collector Comics Services to the fullest extent possible.

17.21.1 The Apps, Website, and/or Key Collector Comics Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

17.21.2 The Apps, Website, and/or Key Collector Comics Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or Key Collector Comics Services, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country or region.

17.21.3 You agree to comply with all local regulations, rules and laws in your jurisdiction regarding online conduct, acceptable content, transmission of technical data, and what Key Collector Comics deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.6 above.

17.21.4 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17.21.5 The mere fact that the Website or Apps may be accessible and available to people in such foreign countries shall not affect the foregoing section.