Subscription Agreement

Subscription Agreement

Last Updated: August 8, 2024

NÜÜB Co. Instant Access (the “NÜÜB Co. Instant Access Service” or “NÜÜB Co. Instant Access”) is a service provided by NÜÜB Co. or its affiliate(s) (collectively, “NÜÜB Co.“, or “we”, “us” or “our”). The NÜÜB Co. Instant Access Service currently offers digital comics and may also include or offer other products, applications, websites, services and/or content as determined by NÜÜB Co. from time to time.

PLEASE READ THIS AGREEMENT (THE “NCIA SUBSCRIBER AGREEMENT”) BEFORE USING THE NÜÜB CO. INSTANT ACCESS SERVICE. THE NCIA SUBSCRIBER AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE NÜÜB CO. INSTANT ACCESS SERVICE.

This is a contract between you and NÜÜB Co. You agree to the NCIA Subscriber Agreement by clicking “I Agree”, “Subscribe”, “Place Your Order” or other industry standard mechanism during the NÜÜB Co. Instant Access Service registration process and ratify your agreement when you use any aspect of the NÜÜB Co. Instant Access Service. We may amend the NCIA Subscriber Agreement at any time. Any amendment will be effective thirty (30) days following either our dispatch of a notice to you via email or our posting of the amendment on the NÜÜB Co. Instant Access Service. Your continued use of the NÜÜB Co. Instant Access Service constitutes your acceptance of any changes to the NCIA Subscriber Agreement. If you do not agree to any change to the NCIA Subscriber Agreement, then you must discontinue using the NÜÜB Co. Instant Access Service. Our customer service representatives are not authorized to modify any provision of the NCIA Subscriber Agreement, either verbally or in writing.

You additionally agree to the NÜÜB Co.’s Terms of Use (the “TOU“), which are located here and incorporated herein by reference to the extent applicable. If any term in the TOU conflicts with or contradicts the NCIA Subscriber Agreement, then the NCIA Subscriber Agreement shall control. The NCIA Subscriber Agreement together with the TOU form your agreement with NÜÜB Co. with respect to your subscription and your use of the NÜÜB Co. Instant Access Service, including streaming, downloading and accessing any Content via the NÜÜB Co. Instant Access Service. If you do not agree with any part of the NCIA Subscriber Agreement or TOU, then you must not download, access or otherwise use the NÜÜB Co. Instant Access Service.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION BELOW AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

For the purposes of the NCIA Subscriber Agreement, “Content” shall mean all audio, video, images, text and other content and experiences available to end users via the NÜÜB Co. Instant Access Service.

1. Overview of NÜÜB Co. Instant Access Service

The NÜÜB Co. Instant Access Service is a service that allows users to access a library of select NÜÜB Co. digital comics on a mobile app (the “App“) and/or on a website (the “Website“) on compatible devices. The Content available on the NÜÜB Co. Instant Access Service may be updated by NÜÜB Co. from time to time.

The NÜÜB Co. Instant Access Service is currently offered on a subscription basis, at up to two (2) subscription tiers: Monthly, and, where made available (currently via Website only), Annual. The benefits and associated fees for each tier can be found here.

2. Account Eligibility & Registration

You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase a subscription to the NÜÜB Co. Instant Access Service. The NÜÜB Co. Instant Access Service is provided to individuals for personal, non-commercial use only. Companies, associations and other groups may not register for a NÜÜB Co. Instant Access Service account or use the NÜÜB Co. Instant Access Service. Individuals under the age of 13 are not eligible for a NÜÜB Co. Instant Access account and are not permitted to provide personal information to NÜÜB Co. Only individuals who agree to the NCIA Subscriber Agreement are eligible to use the NÜÜB Co. Instant Access Service.

Only residents of the countries where we offer the NÜÜB Co. Instant Access Service are eligible to register for a NÜÜB Co. Instant Access account. You are solely responsible for maintaining the confidentiality and security of your own account information, including your password, and for all activities on or through your NÜÜB Co. Instant Access account. If you allow others to access your NÜÜB Co. Instant Access account, the NCIA Subscriber Agreement, as well as any specific consents you may have provided, also applies to their access, use and disclosure of information and their activities. You agree to immediately notify NÜÜB Co. of any unauthorized access to your NÜÜB Co. Instant Access account. NÜÜB Co. will not be responsible for any losses arising from the unauthorized use of your NÜÜB Co. Instant Access account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. Any notices from NÜÜB Co. may be delivered as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the NÜÜB Co. Instant Access Service.

3. Subscription and Auto-Renewal

Your subscription to the NÜÜB Co. Instant Access Service includes enrollment into an ongoing and recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period for the same duration as the most recently completed billing period (e.g., one month, one year, or any other term then-offered by NÜÜB Co.) and payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled in accordance with the instructions for cancellation set forth below. You can cancel any time after you have signed up by following those instructions.

NÜÜB Co. reserves the right to change the pricing for the NÜÜB Co. Instant Access Service or any part of any services NÜÜB Co. makes available to you in any manner and at any time. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and in this NCIA Subscriber Agreement. If you do not cancel your subscription after the price change takes effect and prior to the start of your new billing period, your subscription will be renewed at the price in effect at the time of renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party internet access charges and taxes in connection with your use of the NÜÜB Co. Instant Access Service. Please check with your internet and/or mobile provider for information on possible internet or mobile data usage charges.

Except as otherwise required by law, for all automatically renewing subscriptions of less than one (1) year, you agree that NÜÜB Co. is not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.

Except as otherwise required by law, for yearly automatically renewing subscriptions, you agree that NÜÜB Co. is not obligated to send you any renewal or advance billing notices, other than one (1) notice via email, no less than thirty (30) days and no more than sixty (60) days before the end of the then-current annual subscription term.

4. Free or Discounted Promotional Trials

Your NÜÜB Co. Instant Access Service subscription may start with a free or discounted promotional trial (each, a “Promotional Trial”). The time period (e.g., one week, one month, three months, etc.), restrictions and/or other terms and conditions of your Promotional Trial are as specified upon sign-up and/or in the specific promotional offer. Availability of any Promotional Trial is not guaranteed and, if one is available, is only available on the specific terms of the Promotional Trial then being offered. Except as otherwise expressly stated, Promotional Trials are not available to anyone who is an existing NÜÜB Co. Instant Access account holder (including an account holder that received a Gift Membership) during the period during which the Promotional Trial is offered. NÜÜB Co. reserves the right, in its absolute discretion, to determine eligibility for any Promotional Trial offered in accordance with the applicable terms.

NÜÜB Co. may obtain a payment method from you upon you signing up for the Promotional Trial. Unless expressly stated otherwise in the Promotional Trial offer, your first payment or un-discounted payment, as applicable, will be charged to your chosen payment method immediately following expiration of the Promotional Trial, and we will continue to bill your chosen payment method for the subscription fee on a recurring basis, unless you cancel in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your Promotional Trial period. We provide notice of the terms of the Promotional Trial at the time you register and you may not receive a separate notice that your Promotional Trial is about to end or has ended, or that your paid subscription has begun. You can access details of your subscription, including the monthly or annual fee (as applicable) and end date of your Promotional Trial period and how to cancel via the Account function, available to view by signing in on the Website.

5. Subscription Fees & Billing

5.1 Subscription Fees and Payment Details

We may keep your detailed payment information, such as a credit card number and expiration date, on file. You are responsible for keeping your payment method details up-to-date by changing the details when necessary. If your chosen payment method details change or are due to expire during the life of your subscription, NÜÜB Co. may contact you and/or obtain from your payment card provider updated details including your card number, expiration date and CVV (or equivalent). This enables us to continue to provide you access to the NÜÜB Co. Instant Access Service. If a payment is not successfully authorized for any reason, we may suspend or terminate your subscription. You also agree that we may charge your payment method you designate to us if you decide to re-activate your NÜÜB Co. Instant Access Service subscription.

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. All charges are based on the applicable U.S. Dollar purchase price plus tax, if applicable, and are subject to foreign exchange rates (if applicable) and other fees that the institution issuing your credit card may impose, including foreign transaction fees.

Your right to use the NÜÜB Co. Instant Access Service is conditional upon NÜÜB Co.’s receipt of payment. If payment cannot be authorized or if a charge is refunded for any reason, including chargeback, we reserve the right to, immediately and without notice, suspend or terminate your subscription, including your access to the NÜÜB Co. Instant Access Service and your account. You are required to pay any amounts still owed to us at the time your subscription is suspended or terminated.

When accessing the NÜÜB Co. Instant Access Service through a mobile network, your network or roaming provider’s data and other rates and fees will apply. NÜÜB Co. is not responsible for any other charges you may incur in using the NÜÜB Co. Instant Access Service.

Payments are non-refundable and there are no refunds or credits for partially used billing periods. NÜÜB Co. may provide a refund, discount or other consideration to any one or more NÜÜB Co. Instant Access Service account holder, at NÜÜB Co.’s sole and absolute discretion and without admission of fault or liability.

5.2 If You Signed up Directly with NÜÜB Co. on the Website:
 (a) Monthly Billing

By starting your NÜÜB Co. Instant Access Service Monthly subscription and providing a payment method, you authorize NÜÜB Co. to charge you a monthly subscription fee at the then-current rate, plus tax, if applicable (the “Monthly Fee”). NÜÜB Co. will not charge you a subscription fee for any period in which you have redeemed a free Promotional Trial of the NÜÜB Co. Instant Access Service or NÜÜB Co. Instant Access Gift Membership. In the event that NÜÜB Co. offers a promotional discount on subscription fees applicable to you, if you have properly redeemed such a promotion and comply with the applicable terms and conditions, NÜÜB Co. will reduce your subscription fee by the appropriate amount for the relevant period.

The Monthly Fee will be charged at the beginning of your paying subscription and each month thereafter unless and until you cancel. NÜÜB Co. automatically charges your payment method each month on or around the calendar day corresponding to the commencement of your paying subscription. NÜÜB Co. reserves the right to change the timing of charging for any reason, including in the event that your payment method is not valid when we attempt to charge it. To view your next renewal date go to Account on the Website.

(b) Annual Billing

By starting your NÜÜB Co. Instant Access Service Annual subscription and providing a payment method, you authorize NÜÜB Co. to charge you an annual subscription fee at the then-current rate, plus tax, if applicable (the “Annual Fee”). NÜÜB Co. will not charge you a subscription fee for any period in which you have redeemed a free Promotional Trial of the NÜÜB Co. Instant Access Service or NÜÜB Co. Instant Access Gift Membership. In the event that NÜÜB Co. offers a promotional discount on subscription fees applicable to you, if you have properly redeemed such a promotion and comply with the applicable terms and conditions, NÜÜB Co. will reduce your subscription fee by the appropriate amount for any relevant period.

The Annual Fee will be charged at the beginning of your paying subscription and each year thereafter unless and until you cancel. NÜÜB Co. automatically charges your payment method each year on or around the calendar day corresponding to the commencement of your paying subscription. NÜÜB Co. reserves the right to change the timing of charging for any reason, including, in the event that your payment method is not valid when we attempt to charge it. To view your next renewal date go to Account on the Website.

5.3 If You Signed up Through In-App Subscription with a Third Party:

If you obtain your subscription through in-App subscription via a third party (e.g., Apple’s App Store or Google Play), your subscription is subject to the third party’s terms in addition to the NCIA Subscriber Agreement. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your NÜÜB Co. Instant Access Service will be billed by the applicable third party using the payment information you have provided to such third party. By starting your NÜÜB Co. Instant Access Service subscription through in-App subscription with a third party and providing a payment method, you agree to pay the subscription fee at the then-current rate (plus tax, if applicable) charged by such third party until cancelled. Such fees are subject to the third party’s pricing policies (including those with respect to exchange rates), which may differ from NÜÜB Co.’s pricing policies.

Important information on the applicable terms of sale, payments, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions.

In order to be billed through the third party you must log in to authenticate your account with that third party for subscription purchases.

If you wish to change your payment method, you will need to do so through the applicable third party, including by visiting your account with that third party. Payments are non-refundable and there are no refunds or credits for partially used billing periods. Any price changes to the NÜÜB Co. Instant Access Service will be handled in accordance with the third party’s terms and conditions.

To cancel your subscription obtained via a third party, please follow the cancellation instructions set forth by the applicable third party.

The availability of access to the NÜÜB Co. Instant Access Service via a third party does not represent NÜÜB Co.’s endorsement or responsibility for such party’s services or offerings.

5.4 Price Changes

NÜÜB Co. reserves the right to change the pricing for the NÜÜB Co. Instant Access Service or any part of any services NÜÜB Co. makes available to you in any manner and at any time. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you should cancel your subscription in accordance with the instructions included in that email and in this NCIA Subscriber Agreement. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.

6. Cancelling Your Subscription

You may cancel your NÜÜB Co. Instant Access subscription at any time before the end of the current billing period or Promotional Trial, as applicable, which cancellation will take effect at the end of your current billing period or Promotional Trial period; you will continue to have access to the NÜÜB Co. Instant Access Service until the end of your current billing period or Promotional Trial period. NÜÜB Co. does not provide refunds or credits for any partially used billing period. If you cancel your subscription during a Promotional Trial period in accordance with the terms of such promotion, then you will not be charged a subscription fee, and you will lose your access to the NÜÜB Co. Instant Access Service upon the expiration of your Promotional Trial period.

6.1 How to Cancel If You Signed up for NÜÜB Co. on the Website:

If you signed up for NÜÜB Co. on the Website, then to cancel your NÜÜB Co. subscription, you must use one of the following methods of cancellation prior to the end of your current billing period or Promotional Trial:

1. Go to Account on the Website and follow the on-screen instructions for cancellation; and/or

2. Contact us here.

Once you have cancelled, your NÜÜB Co. Instant Access subscription will automatically end upon the expiration of your then-current billing period (i.e., on your next renewal date), at which time your access to the NÜÜB Co. Instant Access Service will also terminate. To see when your NÜÜB Co. Instant Access subscription is scheduled to end, go to Account on the Website.

UNDER THIS NCIA SUBSCRIBER AGREEMENT, 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 LAW.

6.2 How to Cancel if You Signed Up In-App Through a Third Party:

If you signed up with and are paying your subscription fee for the NÜÜB Co. Instant Access Service to a third party (e.g., an app store), and wish to cancel your subscription (including during your Promotional Trial), you must do so through that third party. Steps to cancel may include visiting your account with that third party and turning off auto-renew for, or unsubscribing from, the NÜÜB Co. Instant Access Service through that third party. You may also find billing information about your NÜÜB Co. Instant Access Service subscription by visiting your account with the third party you are paying. Please contact that third party to find out how to cancel your subscription correctly with them. NÜÜB Co. is not able to cancel your subscription where you have signed up through a third party and NÜÜB Co. is not responsible to you for any charges you incur where you have not cancelled with them in accordance with their processes.

7. NÜÜB Co. Instant Access Gift Memberships

7.1 General Gift Terms:

You may be eligible to purchase a NÜÜB Co. Instant Access gift membership (the “Gift Membership”) for an eligible recipient if you have a general online membership account with NÜÜB Co. available free of charge on www,nuubco.com (the “NÜÜB Co. Account”). Gift Membership redemption codes can only be redeemed by individuals who are eligible for their own NÜÜB Co. Instant Access account as set forth in this NCIA Subscriber Agreement. 

Valid only for U.S. residents. Gift Memberships and other redemption codes cannot be resold, returned, or exchanged for cash, except to the extent required by law. Gift Memberships may not be combined with other offers (e.g., a person cannot sign-up for a Promotional Trial after they have already redeemed a Gift Membership), unless expressly permitted by the terms of the offer or otherwise allowed by NÜÜB Co.  Gift Memberships do not automatically renew; the purchaser pays a one-time fee upfront for the Gift Membership and the recipient must elect to renew the subscription prior to the expiration of the Gift Membership using the recipient’s own purchase information (for example, name, address, credit card).

Except as otherwise expressly stated by NÜÜB Co., gift redemption codes do not expire. NÜÜB Co. will not accept liability for lost or stolen gift emails and/or gift redemption codes or any unauthorized use. Please keep NÜÜB Co. Instant Access Service gift emails and gift redemption codes safe and treat like cash. Risk and title for NÜÜB Co. Instant Access gift emails (including the gift redemption codes contained therein) passes upon electronic transmission to the purchaser or their designated recipient. Any NÜÜB Co. Instant Access gift email or gift redemption code that NÜÜB Co. determines, in its absolute discretion, to be counterfeit or being used fraudulently will not be accepted. In case of problems with receipt, redemption and/or where the code appears defective, or for any other questions, please contact us.

Your purchase and your or the recipient’s use of any NÜÜB Co. Instant Access gift redemption code constitutes acceptance of the NCIA Subscriber Agreement. NÜÜB Co. reserves the right to amend Gift Membership terms and conditions at any time in accordance with such terms and conditions.

7.2 Purchasing Gift Memberships:

Gift Memberships can be purchased online at www.nuubco.com. Currently, Gift Memberships are only available for Annual subscriptions via this method of purchase.

NÜÜB Co. Instant Access gift redemption codes are available for purchase by contacting us here.

7.3 Cancellation and Refund Policy for Gift Memberships:

Gift Memberships are not eligible for any refund, except to the extent required by law.

Gift recipients who have redeemed a Gift Membership and wish to cancel their subscription should use follow the cancellation instructions set forth in this NCIA Subscriber Agreement.

7.4 How to Redeem a Gift Membership:

Gift Memberships are redeemable only on our Website at www.nuubco.com they cannot be redeemed on the App at this time. After the Gift Membership is redeemed, the gift recipient will be able to also access the subscription on the Website by signing in with his or her NÜÜB Co. Account

(a) Already have a NÜÜB Co. Instant Access account?

If you already have an existing NÜÜB Co. Instant Access subscription at the time of redeeming your Gift Membership, upon redemption, the subscription period under your existing account will automatically be extended to reflect the Gift Membership period.

(b) New to NÜÜB Co. Instant Access?

To redeem your Gift Membership:

  1. Go to www.nuubco.com/shop.
  2. Sign in to your existing NÜÜB Co. Account or sign up to create a new free NÜÜB Co. Account.
  3. When prompted, enter the NÜÜB Co. Instant Access gift redemption code provided in your gift email.
  4. Follow the on-screen instructions and accept the NCIA Subscriber Agreement, NÜÜB Co. TOU, and NÜÜB Co. Privacy Policy.

If you did not have an existing NÜÜB Co. Instant Access account prior to redeeming the Gift Membership, once you successfully redeem your Gift Membership, your Gift Membership period will start immediately.

8. Promotional Offers and Surveys

From time to time, NÜÜB Co. may offer or otherwise make available promotional offers as a benefit in connection with your NÜÜB Co. Instant Access subscription, including those provided as part of a promotion with a NÜÜB Co. partner. Promotional offers are governed by the terms and conditions of the relevant promotional offer.

Unless expressly permitted by the terms of the offer or otherwise allowed by NÜÜB Co., promotional offers cannot be used more than once, redeemed for cash or combined with other offers, including a Promotional Trial. See the relevant promotion/offer terms and conditions for details. If you receive a promotional offer from a third party, additional and/or different terms and conditions may apply, and such third party is solely responsible and liable in connection with such offer.

From time to time, NÜÜB Co. or a third party on NÜÜB Co.’s behalf may also invite subscribers to participate in market research or surveys.

9. Compatibility Requirements

Use of the NÜÜB Co. Instant Access Service requires internet access and compatible devices, and certain software may require periodic updates, and your use of the NÜÜB Co. Instant Access Service may be affected by the performance of these elements.

The NÜÜB Co. Instant Access Service is compatible with compatible internet-connected (broadband recommended) Windows® PC, Mac, iPad®, iPhone®, iPod touch® and Android™ devices. Please see the NÜÜB Co. Instant Access landing page for the latest list of compatible operating systems and devices, which may be updated from time to time. To enjoy the full experience of the NÜÜB Co. Instant Access Service you should, and, in certain cases, may be required to, download the latest version of the App on a compatible device.

10. Usage Rules: Access Conditions & Restrictions

If you obtain your NÜÜB Co. Instant Access subscription via the Website, you must register and/or login to your NÜÜB Co. Account in order to access the NÜÜB Co. Instant Access Service or the Content. If you obtain your NÜÜB Co. Instant Access subscription through in-App subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and you must be signed into your account on the applicable third party service (e.g., your Apple or Google account) in order to access the NÜÜB Co. Instant Access Service. IF YOU INITIALLY PURCHASED YOUR SUBSCRIPTION TO THE NÜÜB CO. INSTANT ACCESS SERVICE THROUGH IN-APP SUBSCRIPTION FROM A THIRD PARTY (E.G., APPLE’S APP STORE OR GOOGLE PLAY), UNLESS YOU LINK YOUR IN-APP SUBSCRIPTION TO A NÜÜB CO. ACCOUNT, YOU WILL NOT BE ABLE TO ALSO ACCESS THE NÜÜB CO. INSTANT ACCESS SERVICE VIA THE WWW.NUUBCO.COM WEBSITE. TO LEARN HOW TO LINK YOU IN-APP SUBSCRIPTION TO A NÜÜB CO. ACCOUNT, PLEASE CONTACT US.

This is a license agreement and not an agreement for sale or assignment of any rights in the NÜÜB Co. Instant Access Service or any Content. Your subscription does not create any ownership interest in the NÜÜB Co. Instant Access Service or any Content. The NÜÜB Co. Instant Access Service and the Content, including the copyrights, trademarks, service marks, patents, trade names, trade dress and other intellectual property rights in the NÜÜB Co. Instant Access Service and the Content, are owned by NÜÜB Co., its affiliates and/or its licensors, and is protected by the applicable laws of the United States, as well as other intellectual property laws and treaties.

You agree that as a condition of your license, you must not and hereby agree not to:

  1. copy, distribute, transmit, display, perform, broadcast, reproduce, publish, license, create derivative works of, transfer, sell or in any other way commercially exploit the NÜÜB Co. Instant Access Service or any Content;
  2. move, decompile, reverse-engineer, disassemble, or other reduce to human-readable form the NÜÜB Co. Instant Access Service, any Content or underlying technology incorporated into the NÜÜB Co. Instant Access Service or any Content;
  3. circumvent or disable any content protection system or digital rights management technology used in connection with the NÜÜB Co. Instant Access Service or any Content, or access the NÜÜB Co. Instant Access Service or any Content by any means other than through the NÜÜB Co.-provided or authorized interfaces;
  4. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the NÜÜB Co. Instant Access Service or any Content, including unauthorized access to any of the NÜÜB Co. Instant Access Service, Content, accounts, computer systems or networks connected to NÜÜB Co. through hacking, password mining or any other means;
  5. access, monitor or copy, or permit a third party to access, monitor or copy, any element of the NÜÜB Co. Instant Access Service or any Content using a robot, spider, scraper or other automated means or manual process without our express prior written permission;
  6. damage, disable, overburden or impair the NÜÜB Co. Instant Access Service or Content, or NÜÜB Co.’s servers or networks, or interfere with any other user’s use and enjoyment of the NÜÜB Co. Instant Access Service or Content;
  7. modify the NÜÜB Co. Instant Access Service or Content, including but not limited to by removing identification, copyright or other proprietary notices from the Content;
  8. access or use the NÜÜB Co. Instant Access Service or any Content for any commercial or business related purpose, or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, café, theater, etc.) or build a business utilizing the NÜÜB Co. Instant Access Service or any Content, whether or not for profit;
  9. impersonate any person or entity;
  10. use the NÜÜB Co. Instant Access Service or any Content for any unlawful purpose, in any unlawful manner, or in any manner that is inconsistent with this NCIA Subscriber Agreement;
  11. share your login credentials with third parties; or
  12. allow or enable third parties to violate the above restrictions.

Any violation of the restrictions listed above is a violation of the rights of NÜÜB Co. and/or the copyright holder, and a breach of this NCIA Subscriber Agreement.

11. Availability of NÜÜB Co. Instant Access Service and Content

(a) General Availability

The availability of Content may change from time to time. NÜÜB Co. reserves the right at its discretion to add or withdraw any Content from or in connection with the NÜÜB Co. Instant Access Service at any time, with or without notice, in accordance with this NCIA Subscriber Agreement.

Additionally, the NÜÜB Co. Instant Access Service or certain Content may not be available at any given time, including but not limited to i) during any maintenance or update periods, ii) any power or server outages, iii) as a result of war, riots, social unrest, iv) as a result of pandemics, epidemics or endemics, v) as a result of government order or regulation, or vi) for other reasons outside of NÜÜB Co.’s or third party control. NÜÜB Co. will take reasonable efforts to provide you with prior notice with respect to such unavailability; however NÜÜB Co. shall have no liability to you in such event. NÜÜB Co. reserves the right to change, modify, add to, or delete certain features, functionality or elements of the NÜÜB Co. Instant Access Service and/or devices or remove platforms from being able to access the NÜÜB Co. Instant Access Service Your use of any updates, modifications to, or replacements of the NÜÜB Co. Instant Access Service shall be governed by the NCIA Subscriber Agreement and any additional terms you may agree to when you install such update, modification or replacement version. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the NÜÜB Co. Instant Access Service. If you are a subscriber and we suspend or discontinue your subscription to the NÜÜB Co. Instant Access Service, we will provide you with a credit, refund, discount or other form of consideration. If we terminate your account or suspend or discontinue your access to the NÜÜB Co. due to your violation of this NCIA Subscriber Agreement, you will not be eligible for any such credit, refund, discount or other consideration.

(b) Promotional and Experimental Features

In our continued assessment of the NÜÜB Co. Instant Access Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the NÜÜB Co. Instant Access Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement version of the NÜÜB Co. Instant Access Service shall be governed by this NÜÜB Co. Subscriber Agreement and any additional terms you agree to when you install such update, modification or replacement version.

(c) Offline Access

Content may be available for temporary download for offline viewing on certain compatible devices. You currently have the right to download unlimited digital comics for offline access per device. We may change the number of permitted downloads for offline access or cease making offline access available from time to time, and will take reasonable efforts to provide you with notice prior to any such change.

12. Content Subjectivity

You understand and agree that the Content and the NÜÜB Co. Instant Access Service are intended for entertainment purposes only. The Content may elicit varying reactions among different people. You may come across Content on the NÜÜB Co. Instant Access Service that you find offensive, indecent, explicit or objectionable. Content titles, ratings, types, genres, categories and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge that these risks and your responsibility for making your own choices regarding the appropriateness of any Content and the NÜÜB Co. Instant Access Service for you and your family.

13. Suggestions and Feedback

You understand and agree that any ideas, feedback, or suggestions (collectively, “Feedback”) you provide to NÜÜB Co. regarding the NÜÜB Co. Instant Access Service or any other NÜÜB Co. service will be owned by NÜÜB Co. and NÜÜB Co. can freely use such Feedback without any compensation to you. NÜÜB Co. is not obligated to use your Feedback.

14. Suspension, Termination and Discontinuation of the NÜÜB Co. Instant Access Service

NÜÜB Co. reserves the right to take appropriate action, including the cancellation of any NÜÜB Co. Instant Access subscription if, in its discretion, it deems such action necessary. Without limiting the foregoing, you agree that NÜÜB Co. may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the NÜÜB Co. Instant Access Service and to any Content if NÜÜB Co. believes you are using or have used the NÜÜB Co. Instant Access Service or Content in violation of the NÜÜB Co. Subscriber Agreement, the NÜÜB Co. TOU or applicable law or regulations, or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, NÜÜB Co. may also restrict or suspend your access to your NÜÜB Co. Instant Access account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to: (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if NÜÜB Co. reasonably believes that your NÜÜB Co. account has been created fraudulently, or has been accessed fraudulently, or anyone uses your NÜÜB Co. Instant Access account for unlawful purposes or for other than its intended purpose. NÜÜB Co. also reserves the right, after notice to you, to terminate any NÜÜB Co. account and/or NÜÜB Co. Account that remains inactive for one (1) year (failure to log in to your NÜÜB Co. Instant Access account or NÜÜB Co. Account will constitute inactivity for purposes of this NÜÜB Co. Subscriber Agreement). You agree that NÜÜB Co. will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to the NÜÜB Co. Instant Access Service, your NÜÜB Co. Account or any Content.

UPON TERMINATION OF YOUR NÜÜB CO. INSTANT ACCESS ACCOUNT AND/OR YOUR NÜÜB CO. ACCOUNT, WHETHER TERMINATED BY NÜÜB CO. OR YOU (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO USE THE NÜÜB CO. INSTANT ACCESS SERVICE.

Please note that NÜÜB Co. is not responsible for any lack of functionality or access to any part of the NÜÜB Co. Instant Access Service or any Content, or any loss of content or data that is due to: (1) your equipment, devices, operating system or internet connection, (2) your failure to download the most recent published version of the App, (3) your failure to meet the compatibility requirements, including as a result of your equipment, device, operating system or internet connection, or (4) your choice to opt-out of, or otherwise limit, restrict or prevent, our use of any information that is necessary to provide such functionality, including by your deletion of such information.

If NÜÜB Co. decides to discontinue the NÜÜB Co. Instant Access Service, NÜÜB Co. will give you at least sixty (60) calendar days’ prior notice. In the event that NÜÜB Co. changes or discontinues any part of the NÜÜB Co. Instant Access Service, you acknowledge that you may no longer be able to access Content to the same extent, or at all, as you may have done prior to the change or discontinuation. In no event will NÜÜB Co. be liable in any way for the discontinuation of the NÜÜB Co. Instant Access Service or any part thereof, or for the withdrawal of any Content. Your sole remedy in such event is to cancel your subscription.

15. Customer Support and Contact Information

If you have a comment or question about NÜÜB Co. Instant Access Service, please contact us.

16. LIMITATION OF LIABILITY; DISCLAIMERS OF WARRANTY

YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE NÜÜB CO. INSTANT ACCESS SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NÜÜB CO., AND ITS AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARTNERS, LICENSORS, AGENTS AND SERVICE PROVIDERS (COLLECTIVELY, “NÜÜB CO. PARTIES”) EACH EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE NÜÜB CO. PARTIES DO NOT WARRANT THAT THE CONTENT AND THE NÜÜB CO. INSTANT ACCESS SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE NÜÜB CO. PARTIES DO NOT WARRANT OR OTHERWISE REPRESENT THAT THE CONTENT OR THE NÜÜB CO. INSTANT ACCESS SERVICE WILL MEET YOUR REQUIREMENTS. YOU, AND NOT THE NÜÜB CO. PARTIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE NÜÜB CO. INSTANT ACCESS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE NÜÜB CO. PARTIES SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE NÜÜB CO. INSTANT ACCESS SERVICE, WEBSITE, APPS AND/OR ANY CONTENT. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY NÜÜB CO. 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 NÜÜB CO. INSTANT ACCESS SERVICE, WEBSITE, APPS AND/OR ANY CONTENT. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL NÜÜB CO. PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO OR ARISING FROM THE NÜÜB CO. INSTANT ACCESS SERVICE OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE NÜÜB CO. INSTANT ACCESS SERVICE, WEBSITE, APPS AND/OR ANY CONTENT, HOWEVER CAUSED, NOR SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, IF NÜÜB CO. IS HELD LIABLE UNDER THIS AGREEMENT, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE NÜÜB CO. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. Laws That Apply; Arbitration

The NÜÜB Co. TOU and your use of the NÜÜB Co. Instant Access Service (including the App and the Website) are governed by the terms set forth in the Binding Arbitration and Class Action Waiver, Choice of Forum, and Choice of Law (Section 8.).

18. Miscellaneous

This NCIA Subscriber Agreement is an agreement between you and NÜÜB Co. No other person has any rights to enforce any of its terms. You may not assign or transfer your rights or your obligations under this NCIA Subscriber Agreement to anyone else without NÜÜB Co.’s written permission. NÜÜB Co. may freely assign or transfer its rights and obligations to a parent, affiliated, or subsidiary company, or in a reorganization or merger/acquisition.

When you use the App(s) or Website, there may be links that take you outside of the App(s) or Website to third party apps and/or websites, which may include social media networks and platforms (all of the foregoing, “Third Party Sites”), that are beyond NÜÜB Co.’s control and which are governed by different terms of use and/or privacy policies. The availability of access to Third Party Sites through the App(s) or Website does not represent NÜÜB Co.’s endorsement or responsibility for those Third Party Sites.

If any provision of this NCIA Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the NCIA Subscriber Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this NCIA Subscriber Agreement which by their nature should survive termination of this NCIA Subscriber Agreement shall survive such termination.

This NCIA Subscriber Agreement and the provisions herein constitute the entire agreement between you and NÜÜB Co. pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the NCIA Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.