Terms and Conditions

Ownership and Intellectual Property Rights: Cyberspacecomics.com LLC (the “Company”) website and all its content, including comic books and other materials, are protected by copyright and trademark laws. The website and all its content including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned or controlled by the Company, its licensors, and third parties. All right, title, and interest of, in and to the content and intellectual property available on the website is the property of the Company, its licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the content on the website. Users are not permitted to reproduce, distribute, or create derivative works from the content without the Company’s express permission. Use of stock photos in the website are not intended to convey any rights of a third party to Company. Nor does Company claim any rights thereto.

User Conduct: Any use of the website is subject to strict compliance with any and all terms set forth herein, as amended. Your right to access and use the website and the intellectual property shall automatically terminate upon any violations. Any rights granted by the Company to the user are non-exclusive, limited, and revocable at any time in its sole discretion without advance notice or liability. All access and use of the website and content is personal to the user and no assignment thereof is permitted. Any attempt to assign such rights is void ab initio. Use is for personal, non-commercial, lawful use; users are prohibited from using the website for any illegal or unauthorized purposes, and from uploading or sharing content that is offensive, defamatory, or in violation of trademark, patent, copyright or other laws.

Your display, view and use of any content on a computer, mobile, or other internet enabled device is permitted when accessing the website. Download and storage of any content, including the source and object code in raw form, for any reason, without the express consent of the Company is prohibited. Printing any more than one (1) copy of website content is prohibited. Sharing shall be limited to those portions of the website content containing a tool or link permitting sharing through social media or other means. Downloads permitted by the website are limited to one (1), single copy on a single device.

Links to the Company website do not create an affiliate relationship without express approval. Any links you create to the Company website must be limited to textual links and not links tied to any icons, images, logos on the Company website. Links cannot portray the Company, its products or services in a false, misleading, derogatory, or offensive manner, or contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party.

Rights of Others: You must respect, honor, and uphold the intellectual property rights of others and the Company at all times. Unauthorized use of any content on or in the website may violate the rights of others and laws, resulting in civil or criminal liability. Third parties that believe their rights have been infringed upon may contact the Company using the procedure set forth below.

Reservation of Rights: Any and all terms set forth herein, as amended, include only narrow, limited grants of rights to use and access the Company website and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY THE COMPANY AND ITS LICENSORS AND OTHER THIRD PARTIES. Unauthorized use of any Content or the Site for any purpose is prohibited.

Third-Party Services: The Company takes no responsibility for third parties or their content, advertisement(s), apps or sites. To the extent the Company website integrates or links to third-party websites, platforms and apps outside of the Company’s controls, you assume the risk of limited access to content and services provided by the Company, and any damages arising therefrom. You are charged with the responsibility to review the terms of use and privacy policies for all such third-parties, and use of the Company website constitutes consent to such third-party terms and conditions.

Submission of Original Ideas and Content: To the extent that you elect to submit any original ideas or content to the Company for its consideration by any means, such text, images, music, sounds, data or other content, you do so at your own risk. The Company makes no guarantee that any submission shall be without interruption, not result in dissemination to unintended recipient, or reach the intended recipient. The Company shall treat such submission as non-confidential, but use its best efforts to keep all submissions within the confines of the Company, its advisors and consultants. If the Company requests verification of originality, you are charged with the responsibility of providing the same in form and content sufficient to the Company, its advisors, and consultants.

The Company doesn’t solicit submissions. Any unsolicited ideas, materials, or content you submit are licensed to us as set forth below. In addition, the Company maintains all the rights held by the general public. The Company’s receipt of your submission is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials. 

Use of Content: You will not use the Company’s website for any political or commercial purpose including, without limitation, advertising, soliciting funds, collecting product prices, and selling products. You will not use any meta tags or any other hidden text utilizing any intellectual property of the Company or otherwise derived from its website and the content therein. You will not engage in any activities that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to the Company. You will not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Company website by any means whatsoever or modify any Company website source or object code or any software or other products, services, or processes accessible through any portion of the website. You will not engage in any activity that interferes with a the Company’s or any user’s access to the Company website or the proper operation of the website, or otherwise causes harm to the website, the Company, or other users of the website. You will not interfere with or circumvent any security feature including any digital rights management mechanism, device or other content protection or access control measure of the website or any feature that restricts or enforces limitations on use of or access to the website or content. You will not harvest or otherwise collect or store any information including personally identifiable information about other users of the website, including email addresses, without the express consent of the Company, such users or both. You will not attempt to gain unauthorized access to the website, other computer systems or networks connected to the website, through password mining or any other means. You will not otherwise violate these terms and conditions, as amended.

In using the site, you will not monitor, gather, copy, or distribute the content except as may be a result of standard search engine activity or use of a standard browser on the company website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind. You will not frame or utilize framing techniques to enclose any such content including any images, text, or page layout. All trademark, copyright, and other intellectual property and other notices contained in such content will be kept intact. You will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands. You will not make any modifications to such content other than to the extent of your specifically permitted use of the those elements licensed to you by the Company, if applicable. You will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these terms and conditions, as amended, without the prior written consent of the Company or, in the case of content from a licensor, the owner of the content. You will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Company website.

Suspension and termination of the website, and any access to or availability of its content, may result at any time. The authority to suspend or terminate lies solely with the Company without the need for notice to you, or liability for damages to person or property arising therefrom.

Allegations of Copyright Infringement; Procedure: Copyright owners that wish to notify the Company of any alleged infringement under the Digital Millennium Copyright Act (“DMCA”) or users impacted by allegations raised by a third-party, agree to resolution thereof according to the following terms:  

A.     Although the Company aims to ensure all rights are respected, the Company will respond as it deems appropriate to clear notices of alleged copyright infringement according to the following terms. The Company, in its sole discretion, may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer according to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law. The Company adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

B.      When removing or disabling access in response to a DMCA Copyright Infringement Notice, the Company will make a good faith attempt to contact the owner or administrator of the affected content and permit a counter-notification. The counter-notification must include the following:

a.       a legend or subject line that says: “DMCA Copyright Infringement Notice”;

b.       a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

c.       a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Site on which the material appears and screenshots, if available);

d.       your full name, address, telephone number, and email address;

e.       a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

f.        a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

g.       your electronic or physical signature.

Any notices or counter-notification sent by mail must be delivered to the Company’s mailing address provided within this website.

C.      The Company makes no guarantees, of any kind, to either party involved in a DMCA claim. Company actions or inactions are at its sole and absolute discretion, and substantial compliance of any party seeking the Company’s assistance is required to obtain same. Nevertheless, the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. The Company may send the information that you provide in your notice to the person who provided the allegedly infringing work, who may then elect to send us a DMCA Counter-Notification. Without limiting the Company’s other rights, the Company may, in appropriate circumstances, terminate a repeat infringer’s access to the website and any other website owned or operated by the Company.

D.     Counter-Notification must contain the following:

a.       a legend or subject line that says: “DMCA Counter-Notification”;

b.       a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the website from which the material was removed or access to it disabled);

c.       a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

d.       a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the State of Oregon), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

e.       your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Upon receipt of a DMCA Counter-Notification, the Company may replace the material it removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification; directions of any court of competent jurisdiction may modify, alter, change, or prevent the Company’s actions.

Age Restrictions: Pieces, parts or portions of this website and its content may be intended for users over a certain age, and users are required to confirm that they are of legal age to use the website, or a portion thereof, and conduct business with the Company including, but not limited to the purchase comic books, memorabilia, or services rendered by the Company.

Payment and Billing: Users are required to provide payment information to purchase comic books, and all sales are final. The Company will charge for the goods and services provided, as well as any applicable taxes and shipping fees. Users may be required to provide their billing information when making a purchase. To the extent that the Company offers subscriptions, users will be automatically charged on a recurring basis for the goods and services they have chosen. All payment transactions processed are secure and comply with the Payment Card Industry Data Security Standards (PCI DSS).

Refunds and Cancellations: Refunds and cancellations are limited to the following: subscriptions can be cancelled at any time, but no refunds will be issued for the remaining portion of the subscription. Furthermore, with respect to all orders you place with the Company, the risk of loss passes to the you when the goods are duly delivered to the carrier under all circumstances.

Condition: To the extent the Company, or any third party identifies goods or products within the website as having a specific condition or grade, such statements are for information only and based on a subjective review of such goods or products. You are charged with the responsibility to assure that such “grading” or “condition” meets your expectations prior to purchase by requesting actual pictures of such item(s). The Company sells all products “as is” and with all faults and disclaims all liability for claims made by you based upon condition of the item(s).

Disclaimer. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Company and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Company website, content, licensed elements, submissions to the Company or other Company products or services.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE COMPANY AND THE PARTIES IDENTIFIED IN THE PARAGRAPH IMMEDIATELY PROCEEDING THIS ONE HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT THE LIABILITY OF THE COMPANY AND THE PARTIES IDENTIFIED HEREIN FOR PERSONAL INJURY TO YOU CAUSED BY COMPANY AND THE PARTIES REFERENCED HEREIN TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW OR ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE COMPANY AND THE PARTIES IDENTIFIED HEREIN THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

Limitation of Liability: AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY PARTIES IDENTIFIED IN THE PRECEDING PROVISION BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the website, content, licensed elements, submissions to the Company or other Company products or services.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Company or the parties identified in the preceding provision were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the website).

Changes to Terms and Conditions: The Company reserves the right to change these terms and conditions at any time, and users are responsible for regularly reviewing the terms and conditions for updates. You are responsible for reviewing the posted terms and conditions, as amended, each time you use the website, and by entering into any transaction or making any submission you acknowledge that you have done so prior thereto. EACH TIME YOU USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH COMPANY ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new terms and conditions, as amended, will be effective as to new use and transactions as of posting, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined to be insufficient by a court of law, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or additional terms and conditions by discontinuing use of the website.

Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, and any disputes arising under or in relation to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New York, County of Orange.

Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Class Action Waiver. As permitted by applicable law, both you and Company waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. If the provision regarding waiver of class, collective, representative, and private attorney general claims are found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

General Terms and Provisions.

A.     Discretion; Consent. As to any provision in these terms and conditions, as amended, that grants the Company a right of consent or approval or permits the Company to exercise a right in its sole discretion, the Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by the Company without being in writing and signed by an officer, member, or manager of the Company.

B.      Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by the Company), indemnify, and hold the Company and other parties identified herein harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the Company or other parties identified herein, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your submissions; (ii) your use of the website and your activities in connection with the website; (iii) your breach or alleged breach of these terms and conditions, as amended; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the website or your activities in connection with the website; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the use of the information that you submit to us (including your submissions) by the Company or any other parties identified herein subject to our privacy policy, collectively resulting claims and losses. You will cooperate as fully required by the Company and any other parties identified herein, in the defense of any claims and losses. Notwithstanding the foregoing, the Company and all other parties identified herein retain the exclusive right to settle, compromise, and pay any and all claims and losses. The Company and all parties identified herein reserve the right to assume the exclusive defense and control of any claims and losses. You will not settle any claims and losses without, in each instance, the prior written consent of an officer, member, or manager of the Company or any required party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

C.      International Issues. The Company controls and operates the website from the United States of America and makes no representation that the website is appropriate or available for use beyond the geographical boundaries of the United States of America. If you use the website from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

D.     Severability; Interpretation. Should any provision of these terms and conditions, as amended, be deemed invalid, unlawful, void, or unenforceable, for any reason, by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these terms and conditions, as amended, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these terms and conditions, as amended. To the extent permitted by applicable law, you agree to and shall waive any applicable statutory and common law rights that may permit a contract to be construed against its drafter.

E.      Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, the Company reserves the right, without limitation, to: (i) investigate any suspected breaches of website security, information technology, or other systems or networks, (ii) investigate any suspected breaches of the terms and conditions, as amended, (iii) use any information obtained by the Company, in accordance with its privacy policy, in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by the Company to comply with law enforcement requests or legal requirements in accordance our privacy policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of the terms and conditions, as amended, and (vi) discontinue the website, in whole or in part, or, suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to the Company under the terms and conditions as amended. Upon suspension or termination of your access to the website, or upon notice from the Company, all rights granted to you under these terms and conditions, as amended, will cease immediately, and you agree that you will immediately discontinue use of the website. The provisions of the terms and conditions, as amended, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these terms and conditions, as amended, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, and choice of law.

F.      Assignment. The Company may assign its rights and obligations under these terms and conditions, as amended, in whole or in part, to any party at any time without any notice. These terms and conditions, as amended, may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer, member, or manager of the Company.

G.     Complete Agreement; No Waiver. The terms and conditions, as amended, reflect our complete agreement with you regarding your use of the website and supersede any prior agreements, representations, warranties, assurances or discussion related to the website. Nothing in the preceding sentence shall limit or exclude any liability for fraud or fraudulent misrepresentation. Except as expressly set forth in these terms and conditions, as amended, (i) no failure or delay by you or the Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of the terms and conditions, as amended will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Privacy Policy: The Company has a privacy policy which outlines how it collects, uses, and shares personal information. By using the website, users agree to the Company’s privacy policy.

Contact Information: If you have any questions or concerns about these terms and conditions or the website, please contact us at  steve@cyberspacecomics.com.