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Terms

Terms

Last Updated 10/29/2020

Welcome to Frankie’s Comics, FrankiesComics.com and the Frankie’s Comics service (collectively the “Service”) provided by Frankie’s Comics, LLC (the “Company”). These terms of use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the service.

BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS AND THE COMPANY’S PRIVACY POLICY (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.

  1. Accounts
    • Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form (including but not limited to email address and a unique password). You represent and warrant that all required registration information you submit is truthful and accurate and that your use of the Service will comply with applicable law in your jurisdiction. You may delete your Account at any time, for any reason, by following the instructions on the Service.
    • Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
  2. We accept returns of comics damaged prior to or during shipping up to 14 days of receiving them on a case by case basis. We do NOT allow cancellations or refunds on pre-sales. In the case of damaged or mis-shipped orders, please contact us at help@frankiescomics.com
  3. Access to the Service
    • Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
    • Certain Restrictions. You shall not commercially exploit the Service or any content displayed on the Service or copy the Service or any content thereon without prior permission from the Company. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
    • Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice. You agree that Company will not be liable for any modification, suspension, or discontinuation of the Service or any part thereof.
    • No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
  4. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your violation of these Terms or applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  5. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  1. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  1. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2, 2 through 3.4 and Sections 4 through 10.
  2. General
    • These Terms are subject to occasional revision. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    • Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. You (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
    • Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    • Copyright/Trademark Information. Copyright © 2018 Frankies Comics, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
  3. Order Cancellation. We generally do not cancel or refund orders. In the rare instance we do a 10% fee of the total dollar amount of the order will be assessed. 
  4. Shipping policy: We will not use media mail to ship any orders. All comics shipped in a bag and board using a box designed for comics. We reserve the right to combine orders as needed and NOT provide a refund for any postage saved. Orders $100 or more ship for free in the USA (USPS or FedEx and only on new orders).

Privacy Policy:

We get information about you in a range of ways.

Information that you supply to us: We collect your‎ name, email address, phone number, username, password, and address as well as other information you directly give us on our Service.
Information we get from others: We may get information about you from other sources. We may add this to information we get from this Service
Information Automatically Collected. We automatically log information about you and your device. For example, when using our Service, we may log your device’s operating system type, language, browser type (where applicable), the website you visited before browsing to our Service (where applicable), items you viewed, how long you spent on a particular item, access times and information about your use of and actions on our Service.
Cookies. Our website may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Service.    This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.

We store and use your personal information in the following ways.

We may use your personal information to operate, maintain and improve the Service.
We store all of the information that you enter on the Service for the purposes of shipping, so that you don't have to re-enter the same data with each order.
We use your personal information to communicate with you and responding to your requests.
We may use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

We may share information with our vendors, resellers or those who need it to do work for us (such as Shopify, which provides much of our backend website infrastructure and payment processing).

We may share your information for legal, protection, and safety purposes, including, but not limited to (i) comply with laws, (ii) respond to lawful requests and legal processes, (iii) protect the rights and property of Frankie’s Comics, our agents, customers, and others (including enforcing our agreements, policies, and terms of use), and (iv) in an emergency (this includes protecting the safety of our employees and agents, our customers, or any person).

Frankie's Comics does not share your information with any third parties other than as described above, and does not aggregate or sell your data.

Information collected from children. We do not knowingly collect personal information from children. Users must be 18 years old or older to use the Service. If we learn that we have inadvertently obtained information from a child, or done so without parental consent, we will promptly delete the information.

Third party sites and services. The Service may contain links to third-party websites, products or services. The Service may also offer content from third parties. Information collected by third parties is governed by those third party’s privacy policies.

Location of servers. Our servers are located in the United States of America.  f you are accessing the site and service from outside the United States, please be advised that through your continued use of the site or service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and the maintenance and processing of such information in the United States.

E-Mail Communications. From time to time we send out e-mails informing our customers of hot new releases and other comics related information. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

Security. We protect our customers information by using SSL encryption provided by GoDaddy , which ensure the highest level of protection when transmitting data across the internet. Furthermore, our Website servers are protected behind hardware and software firewalls and tested on a regular basis using industry standard Web scanners to keep our severs and site protected from any malicious activity.

We may may change this privacy policy. If we make any changes, we will change the Last Updated date above.

 

You may send requests about personal information or our Terms to our contact information below.

Frankie’s Comics
5448 Apex Peakway

#164

Apex, NC 27502