4 Week online Course | July 18 - August 8, 2022 | Videos posted Mondays | Instructor: Joe Sergi
Comic Book Law for Creators
Too many creators have learned the hard way that ignorance of the law is no defense.
This four-week class for creators discusses all the relevant legal issues facing today’s creators in the areas of copyright, trademark, licensing, contracts, business structures, and censorship. And while the course is not meant to provide legal advice or replace the need to hire an attorney in every circumstance, it will certainly provide the necessary tools to help minimize legal costs related to the creation of comics.
The legal landscape of the publishing world is a dangerous place. A wrong step can cost you your creation, your money, and, in some cases, your freedom. In order to avoid potential liability, creators must understand complex concepts like work for hire, public domain and fair use. This course provides a basic background in the areas of intellectual property, copyright, trademark, contracts, business entities, and censorship. All aimed at helping creators gain an understanding of the types of things that can and cannot be done.
Once again, this course does not provide legal advice. However, it should provide enough information for creators to understand how each area of law functions. A better understanding of the basics of law often helps to narrow focus with a lawyer, which in turn may reduce billable hours in legal services dramatically. Approach contracts with confidence and make great comics without nagging legal fears!
- The class will be taught by attorney Joe Sergi (Comic Book Law: Cautionary Tales for the Comic Book Creator, Sky Girl, Great Zombies in History), a practicing trial attorney, who regularly writes on legal topics related to comic book creation.
- You’ll get lessons and lectures and discussions on relevant issues that creators must face every day!
- You will be provided with a basic understanding of the concepts underlying business entities, contracts, trademarks, and copyrights through the use of real world fact patterns and examples.
- You also get exclusive access to a dedicated class member-only online forum.
- You’ll have access to recordings of any class in the series for the duration of the class and a few weeks after its conclusion–so you never have to miss a class!
- Class size is limited to keep it awesome!
Joe Sergi is an attorney and an award winning author who has written articles, novels, short stories, and comic books in the horror, sci-fi, and young adult genres. Joe is a life-long comic fan who regularly writes on the history of comics and censorship for the Comic Book Legal Defense Fund and is the author of the upcoming book Comic Book Law, Cautionary Tales for the Comic Book Creator. A complete list of Joe’s titles is available at www.JoeSergi.net.
When not writing, Joe works as a Senior Litigation Counsel in an unnamed U.S. government agency. In addition to numerous outstanding attorney awards and special commendations, Joe received the Attorney General’s Distinguished Service Award in August 2001. Joe is also a member of the adjunct faculty at George Mason University School of Law.
The single best (and only) creator-focused comic book law course on Earth! Or so we believe. The course was designed to make sure you could learn everything we can possibly cram into four weeks.
What if I don’t know anything about the law?
Have no fear, this course is geared for the novice. Joe will take you through all the foundational elements and be available to answer any questions should they arise.
Is there homework?
Of course not. That would be silly. There will be a midterm that accounts for 50% of your grade. Just kidding.
What do I do after the class?
Once the course is over, you should have the necessary skills to understand the basics underlying intellectual property, business structure, and contracts. These skills will enable creators to understand if counsel should be hired and help narrow the issues (and therefore the billable hours) for the work performed.
What else will we be doing?
In addition to talking with Joe during the class sessions–and they are recorded if you have to miss one or more–you’ll also have exclusive access to a dedicated class member-only online forum where your class can meet any time for the duration of the course.
The forum is where you’ll be able to discuss the items brought up in class and view supplemental material.
Do I need to know a whole lot about comics?
Absolutely not. All Introduction courses are designed for total beginners. These courses aren’t about the instructor, and that’s why we keep them small. We have an excellent track record with our students, and it’s our top aim to keep it that way.
Is Continuing Legal Education (CLE) credit or Continuing Professional Educational (CPE) credit available for this course?
Sorry, no. Luckily, a comic book creator doesn’t need CLE or CPE credits.
Do I need to be a computer wiz for the class?
Nope. Not one bit. You need to have high-speed Internet access. We recommend that you have headphones with a microphone to plug into your computer for live discussions, but that’s by no means necessary. Ultimately, you don’t have to speak if you don’t want to, though we like hearing your voice!
What if I miss a class?
These classes are pre-recorded, released once a week and available to view via streaming link for the duration of the course. And on top of that, you’ll have exclusive 24/7 access to the Comics Experience forum. You’ll be able to ask the instructor questions and interact with the rest of your class all course long at any time! The last class will be a live Q & A session with your instructor – recorded and added to the classroom forum for review.
If I don’t live in the United States, can I still take the course?
You bet. We’ve had students jump in from Europe, Asia, Australia, South America, and Africa. Not Antarctica yet, but give us time! Some of these students have not been able to attend live, but they’ve viewed the recordings and interacted with their classmates online! That said, the governing law covered in the course is United States law, so though laws may be similar in other countries, the course will be most relevant to creators working, collaborating, publishing or selling in the United States.
How do I sign up?
Simply add the course to your shopping cart and check out. We will send you a confirmation email typically within 48 hours! If you’ve got any questions you can contact us at info@ComicsExperience.com to follow up. Our email confirmation contains information and instructions, giving you everything you need to get started with the course.
Given that this was the first course of this type ever offered, there simply is no better Comic Book Law for Creators course offered–on the Internet or live. This is the best–period. If you want to make comics for fun or become a pro, your comics career starts here. Go ahead and reserve your spot today! Space is limited.
To participate in our live online sessions you will need:
- To agree to the terms included in Comics Experience’s User Agreement.
- High-speed Internet access
- A mind like a sponge!
What if I need to cancel my enrollment?
Unfortunately, Comics Experience cannot provide a full refund for course enrollment once the course is purchased.
- From the time of purchase until twenty-one (21) days before the class start date, 50% of the course fee can be refunded.
- Between twenty (20) and seven (7) days prior to the class start date, 25% of the course fee can be refunded.
- Six (6) days or fewer before the course start date, no refund will be issued.
We appreciate your understanding and compliance to help us keep costs down and to continue offering high quality courses.
Online registration only: To attend Comic Book Law for Creators, you must register online. Enrollment is limited.*
*We do not currently offer refunds after enrollment.
Comics Experience User Agreement
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All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where Comics Experience provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Comics Experience with respect to Your Submitted Content and that Comics Experience shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
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Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed below.
COMICS EXPERIENCE RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, COMICS EXPERIENCE DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND COMICS EXPERIENCE SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SERVICES OR THROUGH THE SERVICES IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to Comics Experience in accordance with the procedures that We maintain as follows.
Intellectual Property Policy
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
- Comics Experience, LLC. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
- Comics Experience’s intellectual property policy is to (a) remove material that Comics Experience believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Comics Experience considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom Comics Experience has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Comics Experience has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Comics Experience’s own determination.
Procedure for Reporting Claimed Infringement.
- If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Comics Experience to locate the material;
- Information reasonably sufficient to permit Comics Experience to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- For expedited review of your complaint, please fill out the form here (form in English only).
Designated Agent Contact Information.
- Comics Experience’s Designated Agent for notices of claimed infringement can be contacted at:
- Via E-mail: firstname.lastname@example.org
- Via U.S. Mail: Comics Experience, LLC. 301 Washington St., Shelbyville, KY 40065 Attn: Copyright Department/Legal
- If you receive a notification from Comics Experience that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Comics Experience with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications.
- The Copyright Act provides that:
- [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorney's' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Comics Experience] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
- 17 U.S.C. 512(f).
- Comics Experience reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
- For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at email@example.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Comics Experience, the operation of the Site or any other matter should be sent to firstname.lastname@example.org.
- Procedure for submitting a Trademark Infringement Notice
- The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to the Designated Agent identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:
- Your complete contact information (full name, mailing address and phone number).
- The specific word, symbol, etc. in which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Information reasonably sufficient to permit us to locate the material on Comics Experience that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
- A description of how you believe this content infringes your trademark.
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”
- The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”
- Your electronic signature or physical signature.
- Designated Agent Contact Information.
- Comics Experience’s Designated Agent for trademark infringement notices can be contacted at:
- email@example.com if done via email
- Comics Experience, LLC. 301 Washington St., Shelbyville, KY 40065
- Attn: Copyright Department if done via physical mail.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Services or Third Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit.
You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free, sub licenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Comics Experience's (and its successors) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.
Pricing, Payment & Taxes
Pricing.You agree to pay the fees for Services that You purchase as set forth by designated Services pricing at www.comicsexperience.com.
Payment.All payments are made to Comics Experience, LLC. European Union Users. By purchasing Courses (e.g. clicking or tapping the relevant purchase button), You are confirming that You want the Course immediately credited to Your Account and that by doing so You are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. Refunds to You shall be applicable only in accordance with our refund policy described in section 8(6).
Taxes.European Union. In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax ("VAT"), under applicable law, Comics Experience will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Comics Experience may at its own discretion increase the Sale Price where Comics Experience is of the view that VAT may be due and Comics Experience will have a liability to account for such. You will indemnify and hold Comics Experience harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. All Other Countries. For sales of any Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). Comics Experience is unable to provide You with tax advice and You should consult Your own tax advisor.
Rounding Off.Comics Experience may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Comics Experience will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Comics Experience may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Comics Experience to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Refunds.Comics Experience does not offer refunds for the Creators Workshop, Master Seminars, Creative Services or Mentoring. Our refund policy for courses is listed on the individual course pages. If there is no refund policy on any other service or listed on an individual course page, then no refunds are offered. Comics Experience reserves the right, in its sole discretion to amend or make exceptions to this policy for extenuating circumstances, on a case by case basis. To request a refund, please contact Us via firstname.lastname@example.org. Please note that if We believe that You are abusing Our refund policy in Our sole discretion, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You. Any and all refunds will be at the sole discretion of Comics Experience.
The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMICS EXPERIENCE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMICS EXPERIENCE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF COMICS EXPERIENCE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although Comics Experience attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to email@example.com (with the subject line "Inaccuracies in Services on Third Party Platform Name") with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the above Intellectual Property section.
System Outages. Comics Experience periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Comics Experience has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
You hereby indemnify, defend and hold harmless Comics Experience, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under these terms, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
Comics Experience reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
- If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, Comics Experience may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;
- We may also take action for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section We will refund You for any access lost to Course(s) that You may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of Our refund policy set forth herein
- You may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Services and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
By using Our Services or communicating with Comics Experience, You agree that Comics Experience may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Comics Experience learns of a security system's breach, Comics Experience may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to Comics Experience at firstname.lastname@example.org. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Comics Experience may give You legal notice by mail to a postal address, if provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Comics Experience to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Comics Experience nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Kentucky.
Agreement to Arbitrate and Class Action Waiver
THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.
Before bringing a formal legal case, please first try contacting our support team at email@example.com. Most disputes can be resolved that way.
We Both Agree to Arbitrate. If we can't resolve our dispute amicably, You and Comics Experience agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
Either of Us can bring a claim in small claims court in Shelby County, Kentucky or some other place we both agree on, if it qualifies to be brought in that court.
In addition, if You or Comics Experience brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Comics Experience may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor Comics Experience can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire section 16 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
The Arbitration Process. Any disputes between You and Comics Experience relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and Comics Experience agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and Comics Experience relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person.
Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in, or nearest to Shelby County, Kentucky. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Comics Experience changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Comics Experience written notice of such rejection by email from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Comics Experience in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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