For the purposes of this Agreement:
"Digital Content" means digitized comic books, including single issues and trade publications, games, and other digital content provided hereunder.
"Marvel Comics App" means, collectively, our Marvel-branded digital comics reader and storefront application and software (including any updates/upgrades to that software) through which you can browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.) and manage your Digital Content and account settings.
"Subscription-based Content" means Digital Content made available to you on a subscription basis, such as the Marvel Digital Comics Unlimited service.
1. Digital Comics and other Digital Content
Use of Digital Content. Upon your download of Digital Content and payment of any applicable fees (including applicable taxes), Marvel grants you a non-exclusive right to view, use, and display such Digital Content an unlimited number of times, solely on the number and type(s) (if so limited) of devices specified in the Marvel Comics App or in the third party store in which the app was purchased (e.g., the iTunes app store), and solely for your personal, non-commercial use. Unless otherwise specified, Digital Content is licensed, not sold, to you by Marvel. Marvel may post additional terms for Digital Content in the Marvel Comics App. 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 Marvel, you may not sell, rent, lease, distribute, broadcast, stream, sublicense, transfer, or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Digital Content.
2. Marvel Comics App
Use of the Marvel Comics App. You may use the Marvel Comics App, including the software comprising it, 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 Marvel Comics App up-to-date, Marvel 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, or disassemble the Marvel Comics App, whether in whole or in part, create any derivative works from or of the Marvel Comics App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Marvel Comics App; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.
Compliance with Law and Reservation of Rights. You must use the Marvel Comics App and the Digital Content in compliance with all applicable laws. The license of the Marvel Comics App or Digital Content to you does not transfer to you title to or ownership of any intellectual property rights of Marvel or its licensors. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Marvel.
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 Marvel Comics App to a prohibited country or otherwise in violation of any such restrictions or regulations.
Patents/Copyrights. The Marvel Comics App, and/or methods used in connection with the app, may be covered by copyright and one or more patents or pending patent applications, and the Digital Content is protected by copyright
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 Marvel Comics App and Digital Content, and Marvel reserves the right to immediately revoke your access to the Marvel Comics App or to Digital Content without refund of any fees. Marvel’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of Marvel’s rights or remedies.
Disclaimer of Warranties. USE OF THE MARVEL COMICS APP AND DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MARVEL OR AN AUTHORIZED REPRESENTATIVE OF MARVEL CREATES A WARRANTY, AND THE MARVEL COMICS APP AND DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MARVEL AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 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, MARVEL AND ITS LICENSORS 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 MARVEL COMICS APP AND DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE MARVEL COMICS APP AND DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, EVEN IF MARVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MARVEL'S 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 New York, 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 Marvel. 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 New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.
Complete Agreement and Severability. This is the entire agreement between us and you regarding the Marvel Comics App 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 Marvel Comics App or the Marvel.com website. Your continued use of the Marvel Comics App 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 your Marvel Comics App and Digital Content, please contact Customer Service by e-mail: MarvelDigital@sunbeltfs.com or by phone at (800) 217-9158 toll-free when dialing in the US or at (615) 850-5331 (charges may apply) when dialing outside the US.
For communications concerning this Agreement, please contact Marvel by email: email@example.com.
Last updated: November 16, 2010