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Terms and Conditions of Use


In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting our terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to ComicsMonkey and our parent company., 01Comics, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client‟s needs in respect of provision of the Company‟s stated services/products, in accordance with and subject to the laws of the State of Florida and the United States of America.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
By using this service you thereby indemnify ComicsMonkey and 01Comics Inc., its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Disclaimer Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:

* exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in our literature; and

* exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Methods of Payment
Our preferred method of payment is Paypal. All major credit cards are acceptable, but the transaction must be processed through Paypal. Money orders and personal checks are also acceptable methods of payment. However, for orders paid via personal check, the check must clear payment before the order will be shipped.

Returned checks will incur a $25 charge to cover banking fees and administrative costs. Chargebacks are not permitted and we shall seek to reclaim any monies returned via chargeback through collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Cancellation Policy
You may cancel an order at any time prior to shipping by contacting us with your intent to cancel. Once the item has shipped from our facilities the order may not be cancelled.

Termination of Agreements and Refunds Policy

We reserve the right to refuse service to anyone for any lawful reason, including the ending of services that are already underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

Availability
All of the comics and products listed here are done so in good faith. We will never knowingly list a product for sale that is not immediately available for sale. That having been said, mistakes do happen and we may sometimes accidentally list an item for sale in which a problem with the digital files prevents us from being able to fullfill the order in a timely manner or even at all. In such instances we will at our discretion either fullfill the order as quickly as circumstances permit or refund your purchase of the problem item.

Privacy Statement
We are committed to protecting your privacy. Authorized employees on a need to know basis only use any information collected from individual customers. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.

Log Files
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only by us on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites ComicsMonkey uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links to this website
Graphical buttons and banners are provided at this site if you wish to link to us. You may however feel free to create a link to any page of this website without any our prior consent from us. If you do create a link to any page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We do not and will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyrights and Trademarks
ComicsMonkey, Ka-Blam, and 01Comics and all associated logos, icons, and graphics -- including the Ka-Blam Girl -- are TMs of 01Comics, Inc. All other characters, logos, and trademarks are the property of the respective owners. We have made every effort to correctly identify the owners of all such represented copyrights and trademarks. Any improperly attributed information is purely accidental and unintentional and will be corrected immediately upon notice.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
The laws of the United States and the state of Florida govern these terms and conditions. By accessing this website -- and using our services/buying our products -- you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

Notification of Changes
We reserve the right to change these conditions from time to time as it becomes necessary or as we see fit. Your continued use of the site will signify your acceptance of any adjustment to these terms.

If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

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