Marvel Digital Comics Unlimited Terms of Use

Last Modified: September 21, 2009

Introduction

The following terms of use (the "Terms of Use") govern your (for the purposes of these Terms of Use, you, the subscriber, shall be referred to as "you" or "your" or "subscriber") use of the Marvel Digital Comics Unlimited subscription service (the "Service") located within the website available at the URL marvel.com (the "Website"). These Terms of Use apply solely to your use of this Service; for terms and conditions governing your general use of the Website and ordering Marvel print subscription products, click here. The Website is made available by Marvel Entertainment, Inc. ("Marvel" or "we" or "us" or "our"). From time to time, Marvel may change these Terms of Use, without notice to you, by posting such changes on the Website and in Section 3.P. below. You should regularly check Section 3.P. to see if any changes have been made. The "Last Modified" date at the top of these Terms of Use and at Section 3.P. will indicate when the latest changes were made. By continuing to access and use the Service after the Terms of Use have been modified, you are agreeing to such modifications. If you do not agree to the modifications, you should cease using the Service and cancel your subscription in accordance with our Cancellation Policy as described in Section 1.B. below. In addition, when using the Service on the Website, 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 the Terms of Use. BY CLICKING ‘I AGREE’ AT THE BOTTOM OF THESE TERMS OF USE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICE, WHICH CONSTITUTES AN AGREEMENT BETWEEN YOU AND MARVEL. If you do not agree to these Terms of Use, you will be unable to subscribe to the Service, and therefore will be restricted from accessing the many entertainment options available through this Service.

Description of Automatic Renewal Service

Marvel Digital Comics Unlimited is an automatically renewing subscription-based service that allows you to access, view and read Marvel comics online in a variety of formats.

As more fully described below, by becoming a subscriber to the Service, you'll be charged the fee for the subscription term that you select in the signup/registration process - you may choose a monthly or annual automatically renewing package. In the event you subscribe to the Service, you shall immediately be charged the entire amount equivalent to the advertised price for either 1 month or 1 year of service, depending upon the term that you selected. UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAWS. Your subscription will automatically renew at the end of each subscription term. Your renewal subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.) YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, BUT YOU'LL HAVE MEMBER ACCESS AND BE CHARGED THROUGH THE END OF YOUR SUBSCRIPTION TERM, AND WILL NOT BE BILLED AGAIN. The minimum period for subscription is the 1 month or 1 year term for which you will be billed upon sign-up. If you wish to cancel the automatic renewal of your Service, you must do so by notifying us by 5 pm EST on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, you will be charged for the next subscription term.

The Service details and terms of use are provided below; before you can continue the subscription process, you need to take a moment to review these Terms of Use, and then click the button labeled "I Agree" below the end of these Terms of Use. After you have clicked the button labeled "I Agree," you will be allowed to complete your subscription, and start to enjoy the use of the Service.

Marvel maintains this Service and the Website as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Marvel and protected by United States and international intellectual property laws. As a subscriber of the Service, you agree that you shall use the Content solely for your personal, non-commercial use. You agree to all of the Terms of Use set forth herein and will not use the Service until and unless you have agreed to these Terms of Use. You may not use the Content in any matter inconsistent with these Terms of Use or applicable law, and you may not copy, modify or alter the Content without Marvel’s express prior written consent.

1. Offer, Payment and Billing Terms and Conditions
   
   
   1. TERM AND AUTOMATIC RENEWAL: The initial subscription term is either 1 month or 1 year, depending upon your selection, committing you to a subscription period of the time frame of your selection. Upon expiration of the initial subscription term, your subscription automatically renews every calendar month or calendar year, depending on the term selected. You are financially responsible for all associated subscription fees until notice of cancellation is received by Marvel.
   
   
   2. CANCELLATION POLICY:
      1. You may cancel your subscription at any time after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, you must email customer service If you wish to cancel the automatic renewal of your Service, you must do so by notifying us by 5 pm EST on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription term.
      
      
      2. Provided you cancel in accordance with this Section 1.B., your account will be terminated effective at the end of the then current billing term (1 month or 1 year). MARVEL OFFERS NO REFUNDS EXCEPT WHERE PROHIBITED BY LAW.
      
      
      3. Marvel will confirm receipt of your cancellation request via email. Marvel must receive your cancellation request in accordance with this Section 1.B.
      
      
   
   
   3. AUTOMATIC RENEWAL TERMS:
      1. BY SUBSCRIBING TO THE MARVEL DIGITAL COMICS UNLIMITED SERVICE, YOU UNDERSTAND AND AGREE THAT THE SUBSCRIPTION WILL AUTOMATICALLY RENEW AFTER THE INITIAL (AND EACH SUBSEQUENT) SUBSCRIPTION TERM ENDS. EACH RENEWAL WILL BE FOR THE SAME PERIOD AS THE INTIAL TERM (MONTHLY OR YEARLY OR OTHER SUCH TERM AS OFFERED BY MARVEL FROM TIME TO TIME) AT THE THEN-CURRENT SUBSCRIPTION RATE. YOU HEREBY AUTHORIZE MARVEL TO CHARGE YOUR CREDIT CARD FOR EACH RENEWAL TERM AT THE THEN-CURRENT SUBSCRIPTION FEE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION 1.B. ABOVE.
      
      
      2. THE SAME CREDIT CARD THAT YOU USED TO SUBSCRIBE INITIALLY WILL BE AUTOMATICALLY CHARGED BASED UPON YOUR SUBSCRIPTION PLAN FOR AS LONG AS YOU RETAIN YOUR SUBSCRIPTION TO THE SERVICE. AT ANY TIME, YOU MAY UPDATE OR CHANGE YOUR PAYMENT METHOD BY ACCESSING MY ACCOUNT PROFILE.
         
         EXCEPT WHERE PROHIBITED BY LAW, FOR ALL AUTOMATICALLY RENEWING SUBSCRIPTIONS OF LESS THAN 1 YEAR, YOU AGREE THAT MARVEL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. FOR YEARLY AUTOMATICALLY RENEWING SUBSCRIPTIONS, YOU AGREE THAT MARVEL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES, OTHER THAN ONE NOTICE VIA E-MAIL, NO LESS THAN 30 DAYS AND NO MORE THAN 60 DAYS BEFORE THE END OF THE THEN CURRENT ANNUAL SUBSCRIPTION TERM, WHICH INDICATES: A) THE DATE ON WHICH THE RENEWAL WILL BE EFFECTIVE; B) SUFFICIENT INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE INDIVIDUAL TO VERIFY THE CONTINUED USE OF SUCH CARD, WITHOUT PROVIDING FULL CARD DETAILS; C) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; D) THE MEANS TO CONTACT MARVEL IN THE EVENT THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, E) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED; F) THE LENGTH OF THE SUBSCRIPTION TERM WHICH THE NEW CHARGE ENABLES; G) THE DEADLINE BY WHICH YOU MUST CANCEL TO AVOID ANY CHARGES INCLUDING RENEWAL OF YOUR SUBSCRIPTION; AND H) NOTICE THAT YOUR CREDIT CARD WILL BE CHARGED ON THE DAY AFTER THE END OF YOUR THEN CURRENT TERM.
      
      
   
   
   4. PAYMENT AND BILLING POLICIES:
      1. PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA or MASTERCARD CREDIT CARD. MARVEL DOES NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY MARVEL IMMEDIATELY IN WRITING OR VIA THIS CUSTOMER SERVICE EMAIL LINK IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO MARVEL WHEN YOU REGISTERED FOR YOUR SUBSCRIPTION IS A DEBIT CARD NUMBER, OR IF YOUR CREDIT CARD INFORMATION CHANGES. FAILURE TO NOTIFY MARVEL MAY RESULT IN YOUR DEBIT CARD BEING CHARGED.
      
      
      2. In conjunction with the Service, certain products or additional services may be offered for sale on the Website. In the event you wish to purchase or to subscribe for any goods or services of any kind, you will be asked by Marvel to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Marvel with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases on the Website. Neither Marvel nor any of its subsidiaries, affiliates, vendors or agents shall knowingly pass your information to any third party in a manner in which it could be used to identify you without Marvel first notifying you and obtaining your prior consent. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
      
      
      3. If you open any form of subscription account related to the Service, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Marvel reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms without notice (Canada and Australian residents will receive notice) All charges are billed in U.S. Dollars and are subject to other fees which the institution issuing your credit card may impose, for example fees for foreign currency transactions.
      
      
      4. Your right to use the Service is conditional upon Marvel’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
      
      
      5. To review the billing terms of your account, you may access your account details via My Account.
      
      
   
   
   5. SPECIAL OFFERS:
      
      From time to time, the following special offer, among others, may be made by Marvel. The listing of this special offer does not indicate that it is available to you now or that it will ever be made to you or any other subscribers or potential subscribers. Special offers shall only be available to you if you receive a valid offer from Marvel. If you have affirmatively responded to one of these special offers, the terms and conditions shall apply that are stated in the special offer promotional materials and any related sign-up procedure.
   
   


2. The Marvel Digital Comics Unlimited Reader
   
   
   1. INTRODUCTION: The Marvel Digital Comics Unlimited Reader (the "Reader") is a web-based application that enables you to view and read Marvel digital comics.
      
      In subscribing to the Service, you agree to follow these Terms of Use which include the following permitted uses of the Reader:
   
   
   2. ACCESSING CONTENT: You may access and view the Content made available via the Reader on your computer or any other Internet compatible device that can run a sufficiently recent version of Adobe System Incorporated’s Flash Player application. You will know that your version of the Flash Player is compatible when, upon your selection of the digital comic, the Reader automatically loads on to your screen, and prompts you to begin reading the selected comic. Use of the Reader requires no software downloads, including without limitation neither cookies nor applets.
   
   
   3. USING THE CONTENT: Notwithstanding the fact that the Reader does not enable downloading or printing of the Content, by agreeing to these Terms of Use, you represent that you will not make copies or prints of any Content accessed via the Reader under any circumstances, including without limitation via downloading and repurposing any screen shots or making use of any form of screen grab applications. The Service and the Reader offered through the Website, and any Content and other materials thereon, are only for your personal, non-commercial use.
   
   
   4. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties on the Website made available via the Service, including information providers, are those of the respective third parties, and not Marvel. Marvel does not guarantee the accuracy, completeness, or usefulness of any third party Content and any agreements, transactions or other arrangements made between you and any such third party are made solely at your own risk.
   
   


3. General Terms and Conditions
   
   
   1. MINIMUM AGE REQUIREMENTS: While some of the Content available through this Service may be suitable for children, you must be 18 years of age or older to subscribe to this Service. In the event that you reside in a jurisdiction where the age of majority is older than 18 years of age, then the minimum age in such jurisdictions shall be the age of majority. If you are not of majority in your jurisdiction of legal residence (and not at least 18 years of age), and want to access the Service, please ask your parent or guardian to subscribe on your behalf.
   
   
   2. PERSONALLY IDENTIFIABLE INFORMATION:
      1. The only manner of subscribing to the Service is via sign-up on the Website located here.
      
      
      2. In subscribing to the Service, you will be asked to provide Marvel personally identifiable information including but not limited to, your first and last names, your street address (including the city, state/province and zip/postal code), your telephone number, your email address and your credit card number. This information will be used by Marvel and its authorized agents for the purpose of managing your subscription to the Service. For information regarding Marvel's privacy policy, click here. You agree that you have read and understand this privacy policy and that you shall be bound by its terms and conditions as part of these Terms of Use.
      
      
      3. As part of the Service, you shall receive periodic email communications from Marvel concerning the status of your subscription account, timely notice related to being charged your automatic renewal, and certain promotional opportunities. Except for the promotional offers, to which you may opt-out on the next sign-up page you affirmatively consent to receive those emails from the date on which you agree to these Terms of Use despite any previous request you might have made to opt-out of receiving additional emails from Marvel. Because email communications are critical to providing you timely notice regarding changes in Service policies or required updates in your account profile, you cannot maintain your subscription to the Service without receiving emails from Marvel concerning the Service for the duration of your subscription. Therefore, if you use the opt-out mechanism provided by Marvel in its privacy policy or in any subsequent email sent to you regarding the Service during the subscription period, Marvel shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of these Terms of Use, shall have no obligation to refund any of your payments. You can opt-out of receiving promotional email from Marvel regarding other services on the Website or other unrelated offers by using the opt-out mechanism provided in such email or in Marvel’s privacy policy without jeopardizing your ability to participate in the Service.
      
      
   
   
   3. ACCOUNTS, PASSWORDS and SECURITY: In subscribing to the Service, you must complete the registration process by providing Marvel with current, complete and accurate information for your account, as prompted by the applicable registration form. You acknowledge that by providing any information to Marvel that is untrue, inaccurate, or incomplete, Marvel reserves the right to terminate these Terms of Use and your continued access and use of the Service.
      
      As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Marvel immediately of any unauthorized use of your account or any other breach of security. Marvel will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Marvel or another party due to someone else using your account or password.
   
   
   4. PROMOTIONS: Marvel occasionally provides contests, sweepstakes, games and other Marvel or third party promotions to its subscribers and other registered users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
   
   
   5. LIMITED LICENSE: Marvel grants to you a limited personal, non-exclusive and non-transferable right and license to access the Service. Unless otherwise specified in writing, the Service is for your personal and non-commercial use. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Service. Any attempts to sublicense, transfer, sell, or assign the license are void.
   
   
   6. PROHIBITED ACTIVITIES: In connection with your use of the Service, you acknowledge and agree that you will not:
      1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any Content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, Content or services obtained through the Service;
      
      
      2. access the Service by any means other than through the standard industry-accepted or Marvel-provided or authorized interfaces;
      
      
      3. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another's right of privacy or publicity;
      
      
      4. impersonate any person or entity, including without limitation, a Marvel official, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
      
      
      5. post or transmit any material that contains a virus or corrupted data;
      
      
      6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      
      
      7. use any of the Service features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
      
      
      8. violate any applicable local, state, provincial, national or international law;
      
      
      9. upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;
      
      
      10. manipulate or otherwise display the Service by using framing or similar navigational technology;
      
      
      11. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Marvel product or service if you are not expressly authorized by such party to do so; or
      
      
      12. use the Website or the Service for any purpose that is unlawful or prohibited by these Terms of Use.
          
          You may not use the Service in any manner that could damage, disable, overburden or impair Marvel's servers or networks, or interfere with any other user's use and enjoyment of the Service. Furthermore, you may not attempt to gain unauthorized access to any of the Service, other Website services, accounts, computer systems or networks connected to Marvel through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
      
      
   
   
   7. DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITES AND THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MARVEL AND ITS RESPECTIVE AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SERVICE SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTERS, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK. IF A TERM IS IMPLIED BY LAW INTO THESE TERMS OF USE AND THE LAW PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING LIABILITY UNDER THAT TERM, THEN IT WILL BE INCLUDED IN THESE TERMS OF USE. HOWEVER, OUR LIABILITY FOR BREACH OF SUCH TERM WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED, AT OUR OPTION, TO THE SUPPLY OF THE RELEVANT SERVICE OR THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED TO YOU.
   
   
   8. RELEASE: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARVEL NOR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SERVICE. NOTWITHSTANDING THE FOREGOING, IF MARVEL IS HELD LIABLE UNDER THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR WEBSITE (WHETHER OR NOT ASSOCIATED WITH THIS SERVICE), OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED.
   
   
   9. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MARVEL NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICE; (ii) ANY CONTENT MADE AVAILABLE VIA THE SERVICE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE VIA THE SERVICE; (iv) ANY PRODUCT OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT AVAILABLE VIA THE SERVICE, or (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH THE SERVICE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
      
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
   
   
   10. NOTICES: Marvel may deliver notice to you under these Terms of Use or any other published policy on the Website by email, a general notice published on the Website or by postal mail to the street address provided by you at the time you become a subscriber. Marvel will never request any personally identifiable information from you via electronic (or postal) mail. If you receive an email (or postal mail) that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. In the event that your credit card information has expired or does not accept our charge, we shall provide you notice via email, and request you to update your account with new credit card information. We shall only refer to your credit card information via its last four digits. You may give notice to us via email, by certified mail or by overnight courier to the following address:
       
       Marvel Entertainment, Inc., 417 Fifth Avenue, Mezzanine, New York, NY 10016 Attn: General Counsel
   
   
   11. GEOGRAPHIC LIMITS OF SERVICE: Marvel reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire. This Service is subject to United States export controls, and may not be used, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14, and any amendments thereto, as applicable.
   
   
   12. TERMINATION: These Terms of Use shall remain effective until terminated in accordance with its own terms and conditions. You agree that Marvel, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Service, and remove and discard any Content accessible via the Service, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of these Terms of Use that provide for continuing obligations on your part shall survive indefinitely.
   13. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under these Terms of Use without Marvel’s express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate these Terms of Use and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
       
       Marvel may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
   
   
   14. MISCELLANEOUS TERMS AND CONDITIONS: These Terms of Use constitute the entire agreement and understanding between you and Marvel and governs your use of the Service, superseding any prior agreements between you and Marvel. These Terms of Use and the relationship between you and Marvel shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions. You and Marvel irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Marvel to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by Marvel of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
   
   
   15. CHANGES TO TERMS OF USE: These Terms of Use were published on November 13th, 2007.