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.