Terms & Conditions
These Terms & Conditions were last updated on December 5, 2019.
Comicalfoods LLC, a New Jersey limited liability company (hereinafter “Comicalfoods” or “We/Us/Our”) provides services, products and information via our website (located at www.comicalfoods.com) and other platforms which may be added or removed at any time. Collectively these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile apps, desktop apps, web browsers, etc.)
ALL USERS AGREE TO OUR TERMS & CONDITIONS
All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.
By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our services, You accept these Terms & Conditions and agree to comply with all of its provisions. If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.
PURCHASES AND SUBSCRIPTIONS
Comicalfoods provides products in the form of downloadable digital products and physical goods. We also provide access and subscriptions. Collectively, We refer to Our products, services, and subscriptions as “Our Products.” All purchasers of any of Our Products agree to the following conditions for any paid transaction with Us (hereinafter, “Payment Terms”). You warrant and represent that You are authorized to use any payment method You provide to Us (such as credit cards or PayPal accounts). You agree to indemnify Us against losses We may sustain as a result of any breach of this warranty.
Our Products that are sold and distributed in a digital format are non-refundable. Our Products that are physical goods (“Physical Products”) are refundable if returned to Us in unused condition within 30-days following delivery to You. Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed). You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product. All shipping costs are not refundable and remain Your responsibility.
RISK OF LOSS
All items purchased from Comicalfoods are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Comicalfoods and its affiliates attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of this site is accurate, current, complete, reliable, or error-free. If a product offered by Us itself is not as described, your sole remedy is to return it in unused condition.
We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing. Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, there is the possibility that the price or availability of items in our catalogue may be misstated. In the case of any such discrepancy, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Comicalfoods. We accept no responsibility arising from misstated pricing, availability, etc. of Comicalfoods merchandise sold by third-party merchants.
CONDUCT OF USERS
- Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.
- Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
- Links to our Platforms. You may provide links to the home page of Our Platforms. You may not use any Comicalfoods logo or other proprietary graphic or trademark as part of the link without express written permission. You may not provide links to any other content within Our Platforms without Our express, prior, written permission. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Comicalfoods.
- Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).
- You will not violate or encourage the violation of any local, state, national, or international law or regulation.
- You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms.
- You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
- You will not disrupt or interfere with the security or use of our Platforms.
- You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor.
- You will not solicit money, goods or services for private gain.
- You will not damage our Platforms through the submission or use of any damaging software or other actions.
- You will not use or attempt to use any other User’s account or identity.
- You will not attempt to gain unauthorized access to any User’s account or to any of Our Platforms.
- You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or use Our Platforms.
- You will not assist any third-party in engaging in any Prohibited Conduct.
- Ownership. Unless We indicate otherwise with Our express, prior, written permission, You agree that any content submitted by You at anytime to or through any of Our Platforms (hereinafter, “Submitted Content”) grants Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media for the purposes of educational instruction or promotion. Submitted Content includes, but is not limited to, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression. You agree that You grant Us and our sub-licensees the right to use the name that you submit in connection with the Submitted Content, if We choose. In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then You hereby grant to Comicalfoods a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media for the purposes of educational instruction or promotion. You also agree that Comicalfoods is not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content.
- Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit any of the following Prohibited Content:
- Submissions that promote any commercial activity other than commercial activity provided through Our Platforms.
- Submissions that are illegal, advocate or promote illegal activities or otherwise violate the criminal or civil laws of any jurisdiction.
- Submissions that are slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
- Submissions that are intended to harass or annoy any third-party.
- Submissions that are discriminatory against any individual on the basis of any personal characteristics.
- Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language.
- Submissions that infringe on any copyright, trademark, trade secret, patent or other intellectual property or other rights of any third party.
- Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
- Submissions that purport to originate from any individual or entity other than the individual actually submitting the content.
- Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion.
- Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion.
- Our Rights. Our Platforms and all of the content appearing in Our Platforms including all images, text, Submitted Content, software code, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, trade secrets, patents, and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
- No License. You may not, directly or indirectly, copy, distribute, display creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or trade names without Our express, prior, written permission.
- Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
- Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
- Your name, address and contact information.
- A copy of the work(s) You believe are being infringed upon within Our Platforms.
- A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing.
- A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.
- Send your DMCA Notice to:
1064 Kennedy Blvd. Apt 2 Bayonne, NJ 07002 United States
LIMITATION OF LIABILITY
- As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
- No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the applicability, accuracy, or usability of Our Materials for any purpose. We make no warranty that the use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
- No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions.
- Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.
- Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.
- Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
- Limitation of Damages. To the maximum extent permitted by law, in no event shall Comicalfoods, its affiliates or partners, licensors, licensees, or the officers, directors, shareholders, equity-holders, employees, members, agents or attorneys of same be liable for any special, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of profits, loss of data, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Materials or Our Platforms. You are solely responsible for any loss, damages, or claims arising from any of Your Prohibited Conduct or Prohibited Submissions.
You agree to indemnify and hold harmless Comicalfoods, its affiliates or partners, licensors, licensees, and the officers, directors, shareholders, equity-holders, employees, members, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Submissions and/or Your Prohibited Conduct.
You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, by using Our Website or by otherwise engaging in any transaction with Us involving Our products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.
Any Disputes shall be resolved by binding arbitration before the Arbitration service of the American Arbitration Association. Venue for any such dispute shall be the County of Hudson and New Jersey laws shall apply.