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Terms of Access and Use


Welcome to www.comicsalive.com.  We offer you the use of this website conditional upon the acceptance by you, without modification of the terms, conditions, and notices contained herein.  By accessing and using this website, you, the user are deemed to have agreed to all such terms, conditions, and notices which we have set forth in the following Agreement which spells out what you can expect from us, ComicsAlive, and what we expect from you.

Any access, viewing, or use by you of comicsalive.com beyond this point, including the downloading of Vocabulary Sheets and Lesson Podcasts, pursuant to any offer contained herein, will be considered by comicsalive.com  to be your acceptance of this Agreement. We provide website features to you subject to the following conditions. If you visit or shop at comicsalive.com you accept these conditions. Please read them carefully.

Accuracy of Information: We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, prices, colors, or other Content available on the Website is accurate, complete, reliable, current, or error free.

Access and Use: ComicsAlive grants you a limited, revocable, and nonexclusive right and license to access and make personal use of the Website provided that you (i) do not infringe the Website by copying or distributing any part of the Website or its Content without our prior written consent, which may be withheld at our sole discretion; (ii) do not modify, change, alter, or in any way transform any part of the Website or its Content; and (iii) always comply with this Agreement regarding the use of the Website or its Content. No part of the Website or its Content may be reproduced, duplicated, copied, sold, resold, visited, or exploited for any commercial purpose without the express written consent of ComicsAlive, which may be withheld at our sole discretion. Any unauthorized or illegal use of the Website or its Content including, but not limited to, collecting names, emails, addresses, and other personal information to send unsolicited email is strictly prohibited and terminates the right and license granted herein above. We may take legal action for any violation of this Agreement.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the comicsalive.com Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMICS ALIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.

COMICS ALIVE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  COMICS ALIVE DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS OR INFORMATION OBTAINED FROM OR IN CONNECTION WITH THIS SITE, OR AS TO THE ACCURACY AND/OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR FROM COMICS ALIVE. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMICS ALIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMICS ALIVE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS, AND ANY FILES OR OTHER DATA YOU DOWNLOAD INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMICS ALIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMICS ALIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. 

YOUR SOLE REMEDY AGAINST COMICS ALIVE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE AND UNDERSTAND THAT THE USE OF COMICS ALIVE IS AT YOUR SOLE AND ABSOLUTE RISK.

Comics Alive reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this Site, or any portion of this Site, for any reason; (2) to modify or change this Site, or any portion of this Site, and any applicable policies or terms; and (3) to interrupt the operation of this Site, or any portion of this Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree that ComicsAlive may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ComicsAlive, for which monetary damages would be inadequate, and you consent to ComicsAlive obtaining any injunctive or equitable relief that ComicsAlive deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ComicsAlive may have at law or in equity.

You agree that ComicsAlive may, at its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Neither ComicsAlive nor any other party involved in, affiliated with, and/or other affiliated with ELTA.IE will be liable for any damages, including direct, indirect, incidental, special or consequential damages, which may result from the access, viewing, use of or inability to access, view, or use comicsalive.com, including but not limited to, any reliance by User on any information obtained from comicsalive.com, or which result from mistakes, omissions, interruptions, deletions, errors, defects, computer viruses, worms, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, and so on.

Download MP3 Terms of Use
THIS IS AN AGREEMENT BETWEEN YOU AND COMICSALLIVE, AT ELTA.IE. BEFORE USING THE COMICSALIVE MP3 AUDIO DOWNLOAD SERVICE PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE IN OUR GENERAL TERMS OF USE AND IN THESE DOWNLOAD TERMS OF USE.

1. The Service
The Service offers downloads of digitized versions of audio recordings and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Digital Content
Rights Granted. Upon your payment of our fees, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, educational use, subject to and in accordance with the Terms of Use. You may copy, store, transfer, and burn the Digital Content only for your personal, non-commercial, educational use, subject to and in accordance with the Terms of Use.

Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, educational use and not for any redistribution of the Digital Content or other use restricted in this Section. You agree not to infringe the rights of the Digital Content's copyright and to comply with all applicable laws in your use of the Digital Content. Except as set forth above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license, or otherwise transfer or use the Digital Content without our express permission. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of ComicsAlive, and is protected by law. 

3. Reservation of Rights
Except for the rights explicitly granted to you in this Terms of Use, all right, title and interest in the Service and the Digital Content are reserved and retained by ComicsAlive. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.

4. General
Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the ComicsAlive Conditions of Use: (i) in no event shall our or our Digital Content total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

Termination; Amendments. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

Other 
ComicsAlive reserves the right to change prices listed without notice.  All orders for products are subject to availability.  ComicsAlive reserves the right to refuse to supply to any individual or company for any reason.

Internet cannot be guaranteed.  Any losses incurred or sustained by Users who transmit information by means of E-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any losses in whole or part be borne by ComicsAlive. 

Violation of Terms of Use
ComicsAlive may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ComicsAlive’s rights or property, or the rights or property of visitors to or users of the Site, including ComicsAlive’s customers. ComicsAlive reserves the right at all times to disclose any information that ComicsAlive deems necessary to comply with any applicable law, regulation, legal process or governmental request. ComicsAlive also may disclose your information when ComicsAlive determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ComicsAlive may preserve any transmittal or communication by you with ComicsAlive through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ComicsAlive determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ComicsAlive, its employees, users of or visitors to the Site, and the public.