Digital Comics License Agreement and Terms of Use

Digital Comics License Agreement and Terms of Use

Last Updated: August 7, 2024

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

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

DEFINED TERMS

For the purposes of this Agreement:

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

“Subscription-based Content” means Digital Content made available to you on a subscription basis.

1. Digital Comics and other Digital Content

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

Use of Digital Content. Upon your download and/or streaming and/or use of Digital Content and payment of any applicable fees (including applicable taxes), NÜÜB Co. grants you a non-exclusive and non-assignable license to access, view, download, use and display such Digital Content only on the number and type(s) (if so limited) of devices specified on the NÜÜB Co. website or in the third party store in which the app was obtained (e.g., the iTunes app store), and solely for your personal, non-commercial use consistent with the terms of this Agreement. Digital Content is licensed to you by NÜÜB Co.; not sold, transferred or assigned to you. NÜÜB Co. may post additional terms for Digital Content on the NÜÜB Co. website. 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 MNÜÜB Co., you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to burning) the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your set of personal devices that are registered for access to your own personal account with NÜÜB Co.’s service), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.

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

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

2. General

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

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, to a prohibited country or otherwise in violation of any such restrictions or regulations.

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

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

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

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

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

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

Governing Law; Disputes. The laws of the state of Massachusetts, 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 NÜÜB Co. 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 Massachusetts, County of Suffolk, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County in the State of Massachusetts.

Complete Agreement and Severability. This is the entire agreement between us and you regarding NÜÜB Co. 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 NÜÜB Co. website. Your continued use of NÜÜB Co. Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Contact Information. For help with any NÜÜB Co. Digital Content, please contact us.