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Digital Comics License Agreement

Last Modified: May 25, 2016

This Epic Horizons LLC Digital Comics License Agreement and Terms of Use (the “Agreement”) is an agreement between you and Epic Horizons LLC . (with its affiliates and subsidiaries, “Epic Horizons LLC” or “we”). Please read this Epic Horizons LLC Digital Comics License Agreement and Terms of Use, the Epic Horizons LLC Privacy Policy (the “Epic Horizons LLC Privacy Policy”), the Epic Horizons LLC Terms & Conditions (the “Epic Horizons LLC Terms & Conditions”) and other applicable rules, policies, and terms posted on the Epic Horizons LLC website or any Epic Horizons LLC Comics Apps before using the Epic Horizons LLC Comics Apps and Digital Content (each as defined below). In the event of a conflict between those terms and the terms of this Agreement, this Agreement will govern.

By downloading and/or using the Epic Horizons LLC Comics Apps and/or any Digital Content, you agree to be bound by the terms of this Agreement, of the Epic Horizons LLC Privacy Policy and the Epic Horizons LLC Terms & Conditions. If you do not accept these terms, then you may not download or use the Epic Horizons LLC Comics Apps or any Digital Content. In addition, when using the Epic Horizons LLC Comics App(s) and any Digital Content, you shall be subject to any posted guidelines or rules applicable to such service, features or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.

DEFINED TERMS

For the purposes of this Agreement:

“Digital Content” means digitized comic books, including single issues and trade publications, games, video, audio and other digital content provided hereunder.

“Epic Horizons LLC Comics Apps” means, collectively, Epic Horizons LLC’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.

“Subscription-based Content” means Digital Content made available to you on a subscription basis, such as the Epic Horizons LLC Ultimate service.

  1. Digital Comics and other Digital Content

Digital Content. You understand and agree that the Epic Horizons LLC Comics Apps and Digital Content you receive through the Epic Horizons LLC Comics Apps is owned by Epic Horizons LLC and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Epic Horizons LLC does not transfer any title, right or interest to or in the Epic Horizons LLC Comics Apps and/or Digital Content to you.

Use of Digital Content. Upon your download and/or streaming and/or use of Digital Content and payment of any applicable fees (including applicable taxes), Epic Horizons LLC grants you a non-exclusive and non-assignable license to access, view, download, use and display such Digital Content only on the number and type(s) (if so limited) of devices specified in the Epic Horizons LLC Comics Apps or in the third party store in which the app was obtained (e.g., the iTunes app store), and solely for your personal, non-commercial use consistent with the terms of this Agreement. Digital Content is licensed to you by Epic Horizons LLC; not sold, transferred or assigned to you. Epic Horizons LLC may post additional terms for Digital Content in the Epic Horizons LLC Comics Apps. Those terms will also apply, but in the event of a conflict between those terms and the terms of this Agreement, this Agreement will govern.

Limitations. Unless otherwise stated in writing by Epic Horizons LLC, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your set of personal devices that are registered for access to your own personal account with Epic Horizons LLC’s service), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.

Subscription-based Content. You may cancel your subscription as permitted in our cancellation policy for such Subscription-based Content. We reserve the right to change subscription terms and fees from time to time, effective as of the beginning of the next subscription term upon notice to you. The Epic Horizons LLC Ultimate subscription service is governed by its terms of use located in the Account section of the Epic Horizons LLC Ultimate app and on the Epic Horizons LLC website.

Offline Subscription-based Content. Epic Horizons LLC may, from time to time, permit you to download certain Subscription-based Content for offline use. Epic Horizons LLC may place limitations on such use, including, without limitation, the number of issues available offline at any given time and the length of offline availability. Epic Horizons LLC reserves the right, in its sole discretion, to change the terms of such offline use from time to time, without prior notice to you. Epic Horizons LLC further reserves the right, in its sole discretion, to terminate the ability to download and access offline content at any time, without prior notice to you.

  1. Epic Horizons LLC Comics Apps

Use of the Epic Horizons LLC Comics Apps. You may use the Epic Horizons LLC Comics Apps, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.

App Updates. In order to keep your Epic Horizons LLC Comics Apps up-to-date, Epic Horizons LLC may make available updates/upgrades to the app. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the app.

No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the Epic Horizons LLC Comics Apps or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the Epic Horizons LLC Comics Apps, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Epic Horizons LLC Comics Apps; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.

  1. General

Compliance with Law and Reservation of Rights. You must use the Epic Horizons LLC Comics Apps and the Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Epic Horizons LLC.

Export Regulations. You must comply with all applicable export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of, the Digital Content, or Epic Horizons LLC Comics Apps to a prohibited country or otherwise in violation of any such restrictions or regulations.

Collection of Usage Information. The Epic Horizons LLC Comics Apps will provide Epic Horizons LLC with information and data related to the Digital Content on your device and your use of it (such as registration information, information on what a user has purchased, information on the user’s activity in the app, device details, et al.). Information we receive from or about you is subject to the Epic Horizons LLC Privacy Policy, and any personal information transferred by Epic Horizons LLC is subject to such privacy policy and to applicable law.

Patents/Copyrights. The Epic Horizons LLC Comics Apps, and/or methods used in connection with the app, may be covered by copyright and one or more patents or pending patent applications and as trade secrets, and the Digital Content is protected by copyright, trademarks and other applicable law.

Suspension of Access. We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.

Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Epic Horizons LLC Comics Apps and Digital Content, and Epic Horizons LLC reserves the right to immediately revoke your access to the Epic Horizons LLC Comics Apps or to Digital Content without refund of any fees. Epic Horizons LLC’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of Epic Horizons LLC’s rights or remedies.

Disclaimer of Warranties. USE OF THE EPIC HORIZONS LLC COMICS APPS AND DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPIC HORIZONS LLC OR AN AUTHORIZED REPRESENTATIVE OF EPIC HORIZONS LLC CREATES A WARRANTY, AND THE EPIC HORIZONS LLC COMICS APPS AND DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EPIC HORIZONS LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION . THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, EPIC HORIZONS LLC AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE EPIC HORIZONS LLC COMICS APPS AND DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE EPIC HORIZONS LLC COMICS APPS AND DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, EVEN IF EPIC HORIZONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EPIC HORIZONS LLC’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Disputes. The laws of the state of Georgia, United States of America, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Epic Horizons LLC. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Georgia, County of Fulton, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Fulton County in the State of Georgia.

Complete Agreement and Severability. This is the entire agreement between us and you regarding the Epic Horizons LLC Comics Apps and Digital Content and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

Amendment. We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Epic Horizons LLC Comics Apps and/or the Epic Horizons LLC website. Your continued use of the Epic Horizons LLC Comics Apps and Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Contact Information. For help with any Epic Horizons LLC Comics Apps and/or Digital Content, please contact Customer Service by email at accountservices@epichorizonsllc.com , or by using the “Contact Us” button in the Epic Horizons LLC app.

For communications concerning this Agreement, please contact Epic Horizons LLC by email at onlinesupport@epichorizonsllc.com , or by using the “Contact Us” button in the Epic Horizons LLC app.