Standard Terms and Conditions for Comixology eGifts
comiXology eGifts are brought to you by Iconology, Inc., which does business as comiXology, and which will be referred to here as “comiXology,” the “Company,” or by words such as “us,” “we,” or “our.” “Redemption” of an eGift refers to the addition of the eGift amount to the recipient’s account balance. “Use” of an eGift refers to use of the recipient’s account balance to purchase an eligible item.
The comiXology eGift program allows you to purchase and send a virtual eGift by email. By purchasing, redeeming, or using comiXology eGifts, you are agreeing to the following terms and conditions (collectively, these “Terms”):
1. Purchase, Redemption and Use. Purchases of eGifts are final and not refundable. You will be charged at the time you purchase the eGift. You may purchase, redeem, and use eGifts through our website, www.comixology.com (the “Website”), and to do so you must have a comiXology account (“User Account”). Recipients will be notified of eGifts by email. To redeem the eGift, the recipient will add the eGift to an existing or newly created User Account. Instructions for creating a User Account and redeeming an eGift will be available through the notification email and on our Website. To redeem or use an eGift, the email associated with your User Account must match the recipient email to which the eGift was sent.
When you redeem an eGift, the amount of the eGift is added to your User Account balance. Purchases of eligible items are automatically charged against your account balance before being charged to your credit card. Purchase amounts exceeding your available account balance will be charged to your credit card.
eGifts may also be redeemable on the websites of certain participating business partners (“partner websites”) for whom comiXology provides website services and technology; additional terms and conditions may apply to redemption and use of eGifts on partner websites, which are subject to change at any time without notice.
2. Eligible Items. You may use your eGift, once redeemed, to purchase comic books or other eligible content for sale on our website or on a participating partner website. Subscriptions and pre-orders require a default credit card, but eGift balances will be applied to charges for subscriptions and pre-orders before your credit card is charged.
3. Expiration and Fees. eGift balances are not subject to fees or expiration dates, unless otherwise specified in connection with certain promotional or charitable eGifts.
4. Limitations. You may not use eGifts to purchase additional eGifts or for prior purchases. You may not redeem or use eGifts on foreign (country top level domain) websites, on any mobile applications, on any application, site, or service other than comixology.com or a participating partner website, or for any purchase not in U.S. dollars. You may not redeem eGifts for cash, except for eGifts purchased in CA, CO, ME, MA, MN, NJ, OR, RI, VT, or WA (and only to the extent required by the laws applicable in such states), or as otherwise required by applicable law. You may not transfer or assign eGifts or eGift balances to any other person or account. eGifts may not be purchased, redeemed, or used in Cuba, Iran, the Sudan, or Syria, or any place where prohibited.
6. Changes to these Terms. We may change these Terms at any time, without prior notice to you, by posting the new Terms on our Website, or providing notice through any other means we choose in our discretion. To the extent permitted by applicable law, any change will become effective at the time we post the revised Terms on our Website or otherwise provide notice. Unless we state otherwise, changes will apply to your existing and future eGifts. By purchasing, redeeming, or using any eGift after changes are posted on our Website or otherwise made available to you, you are agreeing to such Terms as changed.
7. Risk of Loss. Risk of loss of eGifts passes to the purchaser upon our electronic transmission of notice of the eGift to the recipient email address specified by the purchaser. We are not responsible if an eGift is lost, stolen, used without authorization, or if a recipient fails to redeem or use the eGift.
8. Errors, Corrections. We reserve the right to correct any clerical, accounting, or billing error and to adjust the balance of your account accordingly. If you have any questions regarding your account balance, please contact us at email@example.com.
9. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
EGIFTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. COMIXOLOGY, ITS AFFILIATES, AND ITS BUSINESS PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. COMIXOLOGY DOES NOT REPRESENT OR WARRANT THAT EGIFTS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IF AN EGIFT FAILS TO FUNCTION, OR IF YOU ASSERT ANY OTHER CLAIM RELATING TO AN EGIFT, YOUR SOLE REMEDY AND OUR SOLE LIABILITY WILL BE REFUND OR REPLACEMENT OF THE LAST BALANCE HELD ON SUCH EGIFT. COMIXOLOGY, ITS AFFILIATES, AND ITS BUSINESS PARTNERS WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO EGIFTS OR THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD FORESEE SUCH DAMAGES. IN NO EVENT WILL COMIXOLOGY OR ITS AFFILIATES OR BUSINESS PARTNERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A COMIXOLOGY EGIFT. THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR EXCLUSION OR LIMITATIONS OF LIABILITY, AND, ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THSE TERMS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Assignment. We may assign and transfer our rights and obligations in connection with eGifts at any time without notice, and you will look solely to such assignee or transferee for fulfillment of your rights in connection with any eGifts. The assignee or transferee will have the same rights and obligations as the assignor and will agree in writing to be bound by these Terms. You agree that we are released from all liability in the event of such assignment or transfer. Without limiting the generality of the foregoing, such assignment or transfer would be for corporate purposes not intended to impair your ability to use eGift balances to purchase comic books and any other eligible items from our website.
11. Governing Law. All matters arising out of or relating to eGifts or these Terms will be governed by the internal laws of the State of New York, without regard to any provision of New York law that would result in the application of the law of any other State, country or jurisdiction, and without reference to the U.N. Convention on Contracts for the International Sale of Goods.
12. Other Legal Matters. If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. Captions are only for the convenience of the reader, and will not affect the interpretation of these Terms.
13. Questions. If you have any questions regarding these Terms or your eGift, please visit our Website or contact us at firstname.lastname@example.org.