Terms of License

Last Modified: 3/19/23

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY MAKING PURCHASES FROM OUR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF LICENSE.

YOU MAY NOT MAKE PURCHASES FROM OUR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OMNIBUS COMICS COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SERVICES OR ANY THEIR CONTENTS BY APPLICABLE LAW.

These Terms of License (these "Terms") apply to the purchase of licenses to digital goods through the Omnibus software application (the "Services"). These Terms are subject to change by Omnibus Comics Company (referred to as "Omnibus", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Services. You should review these Terms before purchasing any digital licenses that are available through our Services. Your continued use of our Services after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Omnibus Terms of Use that apply generally to the use of our Services. You should also carefully review our Privacy Policy before placing an order for products or services through our Services.

2. Content Purchase. You agree that all purchases made through our Services are for licenses to digital goods including digital versions of comic books and other media (collectively "Content"). We made add or remove Content from our catalog or Services at any time, and make no guarantee as to the availability of specific Content at any time. Once we have made purchased content available for you to download, we encourage you to download it promptly. We may, but do not guarantee, that your purchased Content will remain available for re-download through your account with the Services, but we cannot and do not guarantee that such Content will be available for download at a later date and Omnibus shall not be liable to you if it becomes unavailable for re-download.

(a) License. All purchases made through our Services are for licenses to Content. When you make a purchase you are granted a revocable, non-exclusive, limited license to download and access the purchased Content on devices you own through the Omnibus software application, subject to the availability of Content as described in these Terms, and to download and maintain a copy of the Content for your personal use. You may not, and agree that you will not: (i) transfer, copy, or display Content except as expressly permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Content for any commercial or illegal purpose. Your license to all purchased Content shall immediately terminate if you violate these Terms.

3. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on our Services are subject to change without notice. The price charged for Content will be the price in effect at the time the purchase is made and will be set out in the confirmation of purchase email we send you (unless you have opted out of such emails). Posted prices do not include taxes. All such taxes and charges will be added to your total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c) Terms of payment are within our sole discretion and payment must clear before you will be granted access to the purchased Content. You represent and warrant that (i) the credit card and other financial information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your purchase.

(d) All purchases are final and payments are not refundable.

4. Content Not for Resale or Export. You represent and warrant that you are purchasing licenses to Content from the Services for your own personal or household use only, and not for resale or export.

5. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

6. Dispute Resolution. Any dispute or claim arising from or relating to these Terms or your use of the Service is subject to the governing law, disclaimer of warranties, limitation of liability, and all other applicable terms in our Terms of Use.

7. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

8. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

9. Notices.

(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or to your account, or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to Omnibus Comics Company, 2005 Nob Hill Ave N, Seattle, Washington 98109. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

10. Entire Agreement. These Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.