Last Updated: August 15, 2018
These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Comicpalooza, a LLC (“Comicpalooza,” “we,” or “us”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and Comicpalooza. If you do not agree to these Terms of Service, you may not access or use the Services. Comicpalooza may amend these Terms of Service from time to time. Amendments will be effective upon Comicpalooza’s posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
The Services constitute various web pages operated by us that, among other things, provide information to visitors of the Comicpalooza website, located at www.comicpalooza.com, and subdomains thereof (collectively, the “Sites”).
Subject to these Terms of Service, visitors of the Sites are allowed to access and use any content, information, and related materials that may be made available through the Sites, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Comicpalooza and Comicpalooza’s licensors. Although Comicpalooza strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
In order to use some aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Comicpalooza certain personal information, such as your name, address, and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. This includes password strength requirements and password frequency changes. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You grant Comicpalooza the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Comicpalooza’s security systems or Comicpalooza’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. Comicpalooza is not responsible for any data obtained by third parties in an unauthorized manner.
Code of Conduct
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Comicpalooza at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMICPALOOZA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMICPALOOZA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
COMICPALOOZA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMICPALOOZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMICPALOOZA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF COMICPALOOZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMICPALOOZA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMICPALOOZA’S REASONABLE CONTROL. IN NO EVENT SHALL COMICPALOOZA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
You agree to indemnify and hold Comicpalooza and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party.
These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that Comicpalooza may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
Choice of Law
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Harris County, Texas and the parties hereby irrevocably consent to the jurisdiction of the courts in Harris County, Texas with respect to all disputes arising out of these Terms of Service.
Comicpalooza may give notice by means of a general notice on the Sites, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Comicpalooza, with such notice deemed given when received by Comicpalooza, at any time by first class mail or pre-paid post to Comicpalooza, Attn: Customer Service, at 701 Avenida de las Americas #200, Houston, TX 77010.
You may not assign these Terms of Service without Comicpalooza’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Comicpalooza as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Comicpalooza’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Comicpalooza in writing.