Last Updated February 28, 2011
Please read the following carefully. ThE FOLLOWING Terms ARE a legally binding agreement between comixolgy, and its corporate affiliates, and you, whether you are an End User or a Retailer (hereinafter, each shall be referred to as "you" or "your"). By accessing or using the service, you signify that you have read, understand and agree to be bound by these Terms. if you do not agree to the terms, then you may not use the service.
The Service (1) gives individual persons ("End Users") that open an account ("Member Account") with comiXology the ability: (a) to view (i) rich media information about comic books not otherwise available for viewing on the Website and location of area retailers with comic book availability and other information offered by the Service, and (ii) profiles of other End Users; and (b) to create pull lists of comic books for area retailers using the Website or the Apps, in accordance with the terms of the applicable EULA; and (2) gives retailers that subscribe to the Service ("Retailers"): (a) the ability to view certain rich media information about comic books not otherwise available for viewing on the Website and the pull lists that are created by the Members of the Service and receive other information about Member use of the Website and Member requests; and (b) the opportunity to be a contact as an area retailer with comic book availability, in accordance with the terms of a Retailer Subscription Agreement ("Retailer Subscription Agreement").
These Terms set forth your rights and obligations with respect to your use of the Service and are in addition to, and not in lieu of, any EULA or the Retailer Subscription Agreement, as applicable, to which you must also agree in order to use any version of the Apps (as described in the EULA), the Website, and/or any information or data of any kind arising from the use of the Apps or the Website, as applicable, including, without limitation, any art work, text, video, audio or pictures accessed by you through the Service, as applicable.
1. comiXology reserves the right to update, add, delete or modify the Terms at any time without prior notice. comiXology will post a notice on the Website of any such addition, deletion, or modification to the Terms ("Change to Terms Notice"). Should you deem any such addition, deletion, or modification to the Terms unacceptable, you shall stop accessing and/or using the Service, including without limitation the Website, the Materials, the Digital Contents and the Apps. Unless otherwise specifically set forth in the Change to Terms Notice, all changes to the Terms shall be effective upon the date we post the Change to Terms Notice (the "Effective Date"). Your continued use of the Service following the Effective Date will constitute your binding acceptance of, and agreement to be bound by, the changes specified therein. You should review the terms and conditions of the Terms periodically so that you are aware of the most current rights and obligations that apply to use of the Service and the Materials.
2. Other Terms and Conditions:
2. When using the Service, you will be subject to any additional guidelines and policies that are posted from time to time, such as for purchases of goods and services and for specific portions or features of the Website, including without limitation contests, promotions or other similar features. Such guidelines and policies are hereby incorporated into the Terms. If you are a Retailer, you will also be subject to the Retailer Subscription Agreement, unless comiXology notifies you that different terms and conditions shall apply. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Service or for any features offered on or through the Service, the latter terms shall control with respect to your use of that portion of the Service or the specific feature. In addition, you agree to comply with any additional terms which apply to third party content, material, information, software or any other services of any kind.
3. Prohibited Conduct:
In addition to any other obligations set forth in the Terms, you hereby agree not to use or launch any automated system, including without limitation, any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other automatic device, program, algorithm or methodology, that accesses, acquires, copies or monitors any portion of the Service (or any part thereof) in a manner that sends more request messages to the comiXology servers in a given period of time than a human can reasonably produce in the same period via conventional on-line means, or in any way reproduce or circumvent the navigational structure or presentation of the Service (or any part thereof), to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the Service. comiXology reserves the right to prevent any such activity. Notwithstanding the foregoing, comiXology grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and comiXology reserves the right to revoke these exceptions either generally or in specific cases.
You agree that you will not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any comiXology server or the server of any End User or Retailer, or to any of the services offered on or through the Service by hacking, password mining or any other illegitimate means.
You agree that you may not use, nor allow others to use the Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by comiXology or anyone else; (ii) to act in a way that affects or reflects negatively on comiXology, the Service, or anyone else; or (iii) to harvest, collect or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party’s prior consent.
You agree that you are prohibited from violating or attempting to violate the security of the Service, or any part of it, including, without limitation: (i) accessing data not intended for you or logging in to a processor, communications or access device or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the Service or to breach any implemented security or authentication measures, regardless of your motives or intent; or (iii) attempting to interfere with or disrupt the Service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Any such violations of system or network security by you may result in civil or criminal liability to you. comiXology reserves the right to investigate occurrences, which may involve such violations and comiXology may involve, provide information to and cooperate with, law enforcement authorities in prosecuting any party who is involved in any such violations.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to comiXology on or through the Service or any features offered through the Service. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
You may not use the Service for any purpose that is unlawful or prohibited by these Terms, or solicit the performance of any illegal activity or other activity which infringes the rights of comiXology or others (specifically including, without limitation, copyright infringement).
4. User Postings:
General. The Service provides certain features which enable you and other End Users to submit, post, and share content with other End Users, which may include without limitation text and literary works, graphic and pictorial works, audiovisual works, musical works, sound recordings, or any other content submitted by you and other End Users through the Service ("User Postings"), and provides for the hosting, sharing, reproduction, distribution, public performance, public display and creation of derivative works of such User Postings. You must register with the Service in order to submit User Postings. ComiXology cannot guarantee any anonymity or confidentiality with respect to any User Postings, and strongly recommends that you think carefully about what you choose to post to the Service. You understand that all User Postings are the sole responsibility of the person from whom such User Posting originated. This means that you, and not comiXology, are entirely responsible for all User Postings that you upload, post, transmit or otherwise make available through the Service.
Right to Remove or Edit User Postings. You acknowledge that comiXology does not pre-screen or approve User Postings but that comiXology makes no representations that it will publish or make available on the Service any User Postings, and reserves the right, in its sole discretion, to refuse to allow any User Postings on the Service, or to edit or remove any User Postings at any time with or without notice. Without limiting the generality of the preceding sentence, comiXology complies with the Digital Millennium Copyright Act, and will remove User Postings upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below).
License Grant to comiXology. You retain all your ownership rights in original aspects of your User Postings. By submitting User Postings to comiXology, you hereby grant comiXology and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the "comiXology Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, and otherwise exploit your User Postings, including your trademarks and logos included therein, in connection with the Service and comiXology’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called "moral rights" or attribution with respect to your User Postings.
User Postings Representations and Warranties. You are solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize comiXology to use all patent, trademark, copyright, or other proprietary rights in and to your User Postings to enable inclusion and use of your User Postings in the manner contemplated by comiXology and the Terms, and to grant the rights and license set forth above, and (ii) your User Postings, comiXology’s or any comiXology Licensees’ use of such User Postings pursuant to the Terms, and comiXology’s or any of comiXology Licensees’ exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation, including, by way of example and not limitation, laws or regulations related to false, deceptive, or misleading advertising and promotions; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in the Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including to any agency, collection society or other entity that licenses or administers rights on behalf of others.
Inaccurate or Offensive User Postings. You understand that when using the Service, you may be exposed to User Postings from a variety of sources and that comiXology does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMIXOLOGY WITH RESPECT THERETO.
Feedback. If you provide comiXology with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Service ("Feedback"), comiXology shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant comiXology a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
5. comiXology Materials:
5. As between comiXology and you, and except for any User Postings provided and owned by End Users and any Retailer Content offered by a Retailer pursuant to the terms of the Retailer Subscription Agreement, all other text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, information and computer code, including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of any other materials and information contained on the Service, including without limitation the Apps and the Website, are owned, controlled or licensed by or to comiXology and are protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws under United States and foreign laws and international conventions (collectively, all of the aforementioned Website, Apps and other Service materials shall be referred to as the "Materials"). The Materials available via the Service are provided to you "AS IS" and for your personal viewing use only on the Website or via the Apps, as applicable, and may not be copied, reproduced, retransmitted, distributed, disseminated, sold, broadcast, performed, made available to third parties or circulated to anyone or exploited for any other commercial or noncommercial purposes without the express prior written consent of comiXology. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Materials or any other content on the Service, and comiXology explicitly reserves any and all rights not expressly granted hereunder. Other than as expressly permitted herein, you agree not to engage in the use, copying, or distribution of any of the Materials obtained through the Service. You further agree not to circumvent, disable or otherwise interfere with security related features of the comiXology Service, including without limitation the Apps, or any other features that prevent or restrict the use or copying of any Materials.
6. Digital Content:
The Service enables you to download, display and use comic books and other digitized electronic content as made available by comiXology from time to time (individually and collectively, "Digital Content"). Upon your payment of the applicable fees (if any) and subject to any further restrictions in the EULA, if applicable, comiXology grants you the non-exclusive right to view, use and display the Digital Content as part of your use of the Service and solely for your personal, non-commercial use. Digital Content is licensed, not sold, to you by comiXology. ComiXology reserves the right to revoke your license to Digital Content at any time for any reason. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the Digital Content. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions made by licensors of Digital Content or if the publisher of Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. ComiXology reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content.
7. Fees and Payment:
Certain features of the Service, such as downloading or viewing certain Digital Content, require the payment of fees. All such fees must be paid in advance. All transactions are final and, except as expressly provided herein, comiXology does not issue any refunds. comiXology reserves the right to modify fees and rates on a going forward basis at any time for any reason in its sole discretion.
8. Enforcement of Intellectual Property Rights:
You acknowledge that comiXology will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable.
9. Children’s Privacy:
We are committed to protecting the privacy of children. You should be aware that this Service is not intended or designed to attract children under the age of 13. Memberships and participation in the comiXology Service are void where prohibited. Due to the Children's Online Privacy Protection Act of 1998 (online at http://www.ftc.gov/ogc/coppa1.htm), all End Users must be at least thirteen (13) years of age to use the Service. The Service is intended solely for End Users who are thirteen (13) years of age or older, and any registration by, use of, or access to the Service by anyone under the age of thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are thirteen (13) or older and that you agree to abide by the Terms and all related policies, including without limitation any EULA applicable to your use of the Apps. comiXology may terminate your membership, delete your Member Account and any content or information that you have posted to the Service and/or prohibit you from registering for or using or accessing the Service, or any part of the Service for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the age of thirteen (13).
11. Service Availability:
comiXology will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of comiXology may, from time to time, result in temporary interruptions to the Service. In addition, comiXology reserves the right at any time and from time to time to modify or discontinue providing access to the Service, or any part thereof, with or without notice. You agree that comiXology shall not be liable to you or to any third party for any direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
12. Third-Party Links:
The Service, including any User Postings, may link to other sites or services that are not under the control of or maintained by comiXology. Such links do not constitute an endorsement by comiXology of any such sites. You acknowledge that comiXology is providing these links to you solely as a convenience to you, and you agree that comiXology is not responsible for the content or links displayed on such sites to which you may be linked. comiXology does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk.
13. Third-Party Materials on the Website:
13. The Service may contain materials submitted by third-parties, including without limitation User Postings and Digital Content. Any such materials are provided solely as a convenience to you. comiXology has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall comiXology be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
14. Inaccuracies in the Service:
Your use of the Service is at your own risk. The Service may include inaccuracies or errors that may affect the quality of the information provided and a possibility exists that unauthorized additions, deletions and alterations have been made to the Service by unauthorized third-parties. The information has not been independently verified or authenticated, in whole or in part, by comiXology. comiXology makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website. More specifically, comiXology does not warrant the accuracy or timeliness of the Materials and comiXology has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products and/or the services available via the Service may at any time change without notice to you. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
15. Articles and Commentary:
The Service may include articles and commentary containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from comiXology or official expressions of comiXology. comiXology does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although comiXology believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, comiXology cannot guarantee that such statements are reliable and accurate and comiXology accepts no fault or liability for any error or omission with respect to such articles.
16. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEBSITE, THE APPS, THE DIGITAL CONTENT AND THE MATERIALS, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. COMIXOLOGY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE AND THE PRODUCTS OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. COMIXOLOGY MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. COMIXOLOGY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMIXOLOGY, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES AND/OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM THE CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE. IN NO EVENT WILL COMIXOLOGY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
18. Basis of the Bargain:
YOU ACKNOWLEDGE AND AGREE THAT COMIXOLOGY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMIXOLGY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMIXOLOGY. COMIXOLOGY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify and hold comiXology (including its officers, employees, licensors, suppliers, partners, affiliates, and/or third party service providers) harmless against any losses, expenses, costs or damages (including their reasonable attorneys’ fees, expert’s fees and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of, or failure to comply with, the Terms, or (ii) your use of the Service, including without limitation the Website, the Digital Content, the Materials and the Apps. comiXology may, in its discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect comiXology’s rights or obligations shall be made without comiXology’s prior written approval. comiXology reserves the right, at its own expense and upon rendering notice to you, to assume exclusive defense and control of any such claim or action, and then your corresponding indemnification obligation will end.
20. Local Laws; Export Control:
comiXology controls and operates the Service from its headquarters in the United States of America and the Service is intended for use in the United States. comiXology makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies or other entities located in the United States. comiXology reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you use the Service from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use the Service in violation of United States export laws and regulations.
21. Applicable Law; Venue:
Any action related to these Terms will be governed by the laws of the State of New York, without regard to the choice or conflicts of law provisions of any jurisdiction. If comiXology brings a claim against you for any reason under these Terms and/or your use of the Service, you agree to submit to the jurisdiction of the federal and state courts located in the State of New York.
22. Dispute Resolution:
comiXology intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to comiXology in which you outline the issues in dispute, enclose any relevant documents and state the requested relief. comiXology shall respond within ten (10) business days with identical information from its or their perspective. You and a representative of comiXology shall meet or communicate electronically within ten (10) business days of the delivery of the response(s), and as often as you and comiXology deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and comiXology fail to resolve the matter, you shall then proceed to litigation in the forum described in Section 21 of these Terms.
23. Violation of these Terms; Termination:
You acknowledge and agree that comiXology may preserve any transmittal or communication made by you through the Service or through any features offered on or through the Service, and may also disclose such data if required to do so by law or if comiXology determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of comiXology, its employees, users of the Service, and the public. You agree that comiXology may, in its sole discretion and without prior notice, terminate your access to, or block your future access to, the Service if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to comiXology, for which monetary damages would be inadequate, and you consent to comiXology obtaining any injunctive or equitable relief that comiXology deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies comiXology may have at law or in equity. You agree that comiXology may, in its sole discretion and without prior notice, terminate your access to the Service at any time and for any reason, with or without cause.
24. Digital Millennium Copyright Act:
It is comiXology’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to comiXology’s DMCA Notification Guidelines (www.comixology.com/copyright). comiXology will promptly terminate without notice your access to the Service if you are determined by comiXology to be a "repeat infringer." A repeat infringer is an End User who has been notified by comiXology of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Service more than twice.
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 20.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by comiXology without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms.
Any provision which must survive in order to allow comiXology to enforce its meaning shall survive the termination of these Terms; provided, however, no action arising out of the Terms or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waives any longer statute of limitations that may be permitted by law.
If comiXology does take any legal action against you as a result of your violation of these Terms, comiXology will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to comiXology. You agree that comiXology will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of these Terms.