User Agreement

User Agreement

Welcome to ComixCon.com (“Website”). By using our services on this website, you are agreeing to the following terms including those available by hyperlink, (“Agreement”) with ComixCon. If you do not agree with these terms, please do not continue to use the website.

Using this Website

While using the Website, you will not:

• Post content or item(s) in an inappropriate manner or contend on the Website (including personal information)
• Violate any laws, third party rights, or our policies
• Use the Website if you are not able to enter into a legally binding contract or are temporarily or indefinitely suspended from our Website
• Hold ComixCon liable for any item(s) sold or purchased
• Change the price of any item(s) or interfere with other user’s listing(s)
• Avoid or changed our fee structure, billing process, or fees owed to us
• Link your listing to any other website
• Promote or post spam, chain letters or pyramid schemes
• Distribute viruses or any other technologies that my harm the Website or others
• Copy, modify, or distribute content from the Website and ComixCon’s copyrights and trademarks
• Collect information about users, including email address, without their consent

Please report problems, offensive content, and policy violation to us via email. We may limit, suspend, or terminate your listing(s), prohibit access to the Website, remove banned content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting against our policies. We also reserve the right to cancel listings, without refund for violations of the Agreement.

All fees are quoted in U.S. Dollars. All fees and applicable taxes are to be paid prior to your listing becoming active.

When you list your item(s),  you give us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (These rights are necessary to host and display your item).

By agreeing to these terms you agree to not hold ComixCon responsible of other users’ actions or in-actions, including the content of their listing(s). This Website is a venue to allow anyone to offer for sale and to buy item(s) only. ComixCon is not involved in the actual transaction between the buyer and seller. We have no control over and do not guarantee the quality, safety, or legality of items listed. We do not guarantee the truth or accuracy of listings, the ability of the sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from seller to buyer. Unless the buyer and seller agree otherwise, the buyer will become the item(s) lawful owner upon physical receipt of the item(s)  from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered by numerous factors outside of our control. We exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect or consequential damages, so such disclaimers and exclusions may not apply to you.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. A general release does not extend to claims which the seller does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the buyer.

The Website may contain robot exclusion headers. Information on the Website is updated on a real-time basis and is proprietary or is licensed to ComixCon by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party.

Each of these policies may be changed from time to time. We will post changes on the Website. When listing your item on the Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

Terms and Conditions

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ComixCon’s relationship with you in relation to this website.

The term ‘ComixCon’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is in Illinois. The term ‘you’ or ‘your’ refers to the user or viewer of our website.

The use of this website is subject to the following terms and conditions:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without ComixCon’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America.
• There are risks that you assume when dealing with each individual users of this website or those who may be acting under false pretenses. You agree that all of these risks are deemed responsible by you, and not us. We do not control the behavior of users on this website or the information provided by other users that is made available through us. We do not guarantee or endorse the authenticity, quality, safety, or legality of any item(s) sold, the truth or accuracy of any listing(s), or the ability of sellers to sell item(s) or of buyers to buy item(s). We cannot assure that all transactions will be completed. In addition, we do not guarantee the ability or intent of users to fulfill their obligations in any transactions.
• We are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Zero Tolerance Policy

ComixCon will not tolerate any fraudulent activities such as bait and switch, creation of false registered user information, false advertisement, false billing, identity theft, bribery, payment fraud, item fraud, and any other fraudulent acts that is damaging physically, emotionally, and financially to all ComixCon registered users. Please note that fraud is a crime and a civil law violation. COMIXCON RESERVES THE RIGHT TO SUSPEND AND/OR TERMINATE INDEFINITELY ANY USER FAILING TO ABIDE BY THE ZERO TOLERANCE POLICY AND COULD ALSO BE SUBJECT TO GIVE RISE TO A CLAIM FOR DAMAGES AND/OR A CRIMINAL OFFENSE.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by ComixCon and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no even will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of ComixCon. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, ComixCon takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright

This website and its content is copyright of ComixCon – © ComixCon 2010. All Rights Reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• You may print or download to a local hard disk extracts for your personal and non-commercial use only.
• You may copy the content to individual third parties for their personal user, but only if you acknowledge the website as the source of the material.
• You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

ComixCon has the rights to suspend and/or terminate indefinitely any user failing to abide by the ComixCon User Agreement, and could be subject to give rise to a claim for damages and/or criminal offense.