Terms and Conditions of Use
Last revised: 10 July 2026
1. Preamble
These Terms and Conditions of Use (hereinafter, “Terms”) govern your (hereinafter, “you”, “user”) access to and use of the digital comics platform operated by Platforma Digital Inc. (hereinafter, “ComicRush”, “we”, “us”, or “our”) (hereinafter, the “Service”). The Service includes our website located at https://comic-rush.com/en and any associated websites (hereinafter, the “Website”). References to ComicRush include its affiliated entities, including subsidiaries, parent companies, joint ventures, and other entities under common ownership or control.
By accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Subscription Policy, and any additional policies, rules, or guidelines that apply to your use of the Service. These documents form a legally binding agreement between you and ComicRush. If you do not agree to the current version of any of these documents, you must immediately stop using the Service, and any authorization or license granted to you to use the Service will automatically terminate.
To the extent permitted by applicable law, including United States federal and state laws and European Union regulations, these Terms prevail in the event of any conflict with other ComicRush policies, codes of conduct, or supplemental terms, unless explicitly stated otherwise.
By accessing or using the Service, you represent and warrant that you have reached the age of eighteen (18), or, where the age of legal majority in your jurisdiction exceeds eighteen (18), that you have reached such higher age. If applicable, you further represent that you have obtained the legally valid consent of a parent or legal guardian authorizing you to enter into and be bound by these Terms.
2. Definitions
“ComicRush”, “we”, “us”, or “our” means Platforma Digital Inc., a company incorporated under the law of Delaware, USA, having its registered office at 1811 Silverside Road, Wilmington, DE 19810, USA (registration number 10686399).
“You”, “your”, or “User” means any natural person who visits, accesses, or otherwise uses the Website or the Service, including registered users, customers, and end users.
“Service” means the Website and any associated platforms, applications, tools, widgets, distribution channels, features, or other digital content or services that we operate or make available from time to time.
“Website” means https://comic-rush.com/en, as well as any successor URLs, subdomains, localized versions, or other websites operated or controlled by us in connection with the Service.
“Products” means the digital content, including comics and related materials, that is made available through or in connection with the Website or the Service.
3. Changes to the Terms and the Service
We may amend, update, or otherwise modify these Terms at any time at our sole discretion. Updated versions of the Terms will be made available on the Website, and we may also provide additional notice, including by email or through notifications within the Service. Unless stated otherwise, any revisions to these Terms will become effective seven (7) days after such notice is provided. If you do not agree to the revised Terms, you must discontinue use of the Service. Continued access to or use of the Service following the effective date of the updated Terms constitutes your acceptance of those changes.
You acknowledge and agree that ComicRush may modify, suspend, or discontinue any part of the Service at any time, including features, functions, content, or availability, and that the Service may evolve over time.
All information presented through the Service, including descriptions, images, content, features, specifications, pricing, and availability of products or services, is subject to change at any time and without prior notice, to the extent permitted by applicable law.
If you are a consumer residing in the European Union and a modification to these Terms or the Service materially affects your rights or obligations, you have the right to terminate your use of the Service, including any active subscription, without penalty by discontinuing use of the Service prior to the effective date of such changes. Where required by applicable law, you may also be entitled to a pro rata refund for any prepaid but unused subscription period.
4. Required equipment and connectivity
Access to and use of the Service requires compatible devices, software, and internet connectivity, such as a computer, mobile device, and a stable internet connection. You are solely responsible for obtaining, maintaining, and paying for all equipment, services, and resources necessary to access and use the Service.
You are also responsible for any data usage, network fees, or other charges incurred as a result of accessing or using the Service through your devices or internet service provider.
5. User accounts
Certain features or functionalities of the Service may require you to create and maintain a user account. By creating an account, you represent and confirm that you meet the age eligibility requirements set out in these Terms. We do not knowingly permit individuals who do not meet such requirements to create or maintain an account.
When registering for or updating an account, you may be required to provide personal information, including your name, surname, email address, and other information that may be used to identify you. Any personal data provided to us will be collected, processed, and used in accordance with our Privacy Policy. Such information may include additional data necessary for account administration, security, payments, or legal compliance, as further described in our Privacy Policy.
You acknowledge and agree that your account does not constitute your property and that you do not acquire any ownership or proprietary interest in it. All rights, title, and interest in and to user accounts are and shall remain the exclusive property of ComicRush.
You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary to ensure its accuracy promptly. ComicRush reserves the right to suspend or deactivate your account, or restrict access to the Service, if any information you provide is false, misleading, outdated, or incomplete.
As part of the registration process, you will be required to select login credentials, such as a username and password. Usernames must not impersonate others, contain offensive or inappropriate language, infringe the rights of third parties, or otherwise violate these Terms, as determined by ComicRush in its reasonable discretion.
You are solely responsible for all activities conducted through your account, including any charges, fees, or purchases resulting from authorized or unauthorized access to your account. You agree to safeguard your account credentials and to log out of your account at the end of each session. You must promptly notify ComicRush of any unauthorized use of your account or any suspected security breach and cooperate with any reasonable requests for verification. We will address security incidents involving personal data in accordance with applicable data protection laws.
ComicRush is not responsible for any loss or damage resulting from unauthorized access to your account. You remain responsible for any losses or damages incurred by ComicRush arising from misuse of your account. Accounts are personal and may not be shared, transferred, or made available to any other person. Each account may be used by one individual only. Any sharing of login credentials or access by third parties is strictly prohibited and may result in suspension or termination of the account without refund or compensation.
ComicRush may deactivate accounts that have remained inactive for a continuous period of twelve (12) months or longer, without liability to you, to the extent permitted by applicable law. Any such deactivation shall be subject to our policies governing digital content, virtual items, and purchases.
To the extent permitted by applicable law, ComicRush reserves the right to refuse account registration or creation at its discretion.
ComicRush does not provide parental control tools unless expressly stated otherwise within the Service. Parents and legal guardians are responsible for monitoring and supervising the online activities and spending of minors using the Service.
6. Violations of these Terms
You may access and use the Service only for lawful purposes, in compliance with these Terms, and in a manner consistent with the intended functionality of the Service.
To the extent permitted by applicable law, and without limiting any other rights or remedies available to us, ComicRush may take appropriate measures if we reasonably determine that you are violating these Terms, creating legal or security risks, infringing the rights of third parties, or otherwise acting inconsistently with the purpose or requirements of the Service. Such measures may include, without limitation, restricting, suspending, deactivating, or terminating your account; limiting or denying access to all or part of the Service; removing or delaying user content; and taking technical or legal steps to prevent further access to the Service. Where appropriate, such actions may be taken with or without prior notice, including where immediate action is necessary to protect the Service, users, or third parties, taking into account the nature and severity of the violation and applicable legal requirements.
You acknowledge that enforcement actions may result in the loss of access to your account, as well as any associated benefits, privileges, digital items, or purchased content, in accordance with these Terms and our applicable policies. Such loss may occur in cases of material or repeated violations and shall be subject to our policies governing digital content, virtual items, subscriptions, and refunds. Except as required by law, ComicRush is not obligated to provide compensation for any such loss resulting from a violation of these Terms.
Except where required to comply with applicable law or where termination results from a material or repeated violation of these Terms, enforcement actions shall not affect your statutory rights in respect of any digital content or services that you have already lawfully purchased or paid for, to the extent such rights are protected under applicable consumer protection laws.
In particular, you agree that you will not:
- interfere with or disrupt the operation or security of the Service;
- access or attempt to access the Service through unauthorized means;
- share account credentials, allow third parties to access your account, or otherwise permit use of your account by anyone other than yourself;
- use the Service for any purpose other than your personal, non-commercial use;
- access or use the Service in violation of the age eligibility requirements set out in these Terms, including accessing age-restricted content without meeting the applicable age requirements;
- transmit, upload, or distribute malware, viruses, unsolicited communications, mass mailings, or other forms of spam;
- engage in fraudulent activity, including misuse of payment methods, unauthorized transactions, chargeback abuse, or attempts to circumvent subscription, billing, or payment mechanisms;
- transmit, upload, or post content that is unlawful, obscene, threatening, defamatory, invasive of privacy, or otherwise harmful or objectionable;
- copy, reproduce, modify, reverse engineer, decompile, disassemble, distribute, resell, or otherwise exploit the Service, or any content made available through the Service, or attempt to derive source code from any part thereof;
- bypass, disable, tamper with, or circumvent any technological measures or protections of the Service, including digital rights management or access controls;
- post or make available any content that infringes or violates the intellectual property or other rights of any third party; or
- engage in any other material or repeated violation of these Terms or any related ComicRush policies, including attempts to circumvent or undermine their application.
7. Your access to the Service
Subject to your compliance with these Terms and, where applicable, the payment of any required fees, ComicRush grants you a limited, personal, non-exclusive, non-transferable, and non-sublicensable license, which may be revoked or terminated in accordance with these Terms, to access and use the Service through the Website. The Service is provided solely for your personal entertainment and non-commercial use and may not be used for the benefit of any third party. Access to certain content or features of the Service may be subject to age restrictions. By accessing or using the Service, you confirm that you meet all applicable age eligibility requirements set out in these Terms.
The ComicRush Website, the Service, and all related content, features, and functionality are owned by ComicRush or its licensors and are protected by applicable copyright laws, intellectual property laws, and international treaties. Except for the limited license expressly granted under these Terms, no rights, title, or interest in or to the Service or the ComicRush Website are transferred to you. All content and software made available through the Service are licensed, not sold. ComicRush reserves all rights not expressly granted under these Terms.
Subscriptions. Certain features or content of the Service may be available only through the purchase of a paid subscription (hereinafter, “Subscription”). Subscriptions grant you a limited, revocable, non-transferable right to access eligible content and features of the Service for the duration of the applicable subscription period, subject to your compliance with these Terms.
Subscription pricing, billing cycles, auto-renewal terms, cancellation rights, refund rules, and other payment-related conditions are governed by ComicRush's Subscription Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Subscription Policy, the Subscription Policy shall prevail with respect to subscription-related matters.
ComicRush reserves the right to modify, suspend, or discontinue any Subscription plan, features, or content in accordance with the Subscription Policy and applicable law.
Virtual currency. From time to time, the Service may allow you to purchase or be credited with virtual currency for use within the Service (hereinafter, the “Coins”). Coins are a form of virtual currency used solely within the Service. Coins have no cash value, are not real-world money, and cannot be redeemed, exchanged, or withdrawn for monetary value. Coins are provided as a limited, revocable license to access certain features or content of the Service. Coins may be subject to expiration as disclosed at the time of purchase and are generally non-refundable, except where refunds are required under applicable law.
ComicRush reserves the right, following reasonable investigation, to reduce, suspend, deactivate, or terminate Coins balances or access thereto if Coins are misused or used in connection with fraudulent, abusive, or unlawful activity, including payment fraud, chargeback abuse, or attempts to circumvent billing or subscription mechanisms. Unless otherwise expressly stated, Coins and any related virtual items may not be transferred to another person or account.
Expiration of Coins. Coins may be subject to expiration, as disclosed at the time of purchase. Expiration of Coins reflects the limited duration of the license granted and does not constitute a forfeiture or penalty. Any Coins that expire will not be refunded. ComicRush may also discontinue the Coins feature of the Service for business or technical reasons by providing at least 30 (thirty) days' prior notice. Upon such discontinuation, any unused Coins will expire on the stated discontinuation date.
Offline access. Certain features of the Service may permit you to download content for limited offline access. ComicRush may impose restrictions on offline content, including limitations on the number of items available for download and the duration for which such content may be accessed offline. Offline access does not grant any ownership rights and does not permit copying, redistribution, or use of content beyond the scope expressly allowed by the Service.
Additional terms regarding payments, subscriptions, refunds, and billing are set out in the applicable Subscription Policy.
8. Fee-based services and purchases
Certain features or functionalities of the Service are offered on a fee basis. Where payment is required, the applicable pricing, terms, and conditions will be presented to you in connection with the relevant Service. Unless expressly stated otherwise, all prices are displayed in U.S. dollars. Fees and charges are payable in accordance with the payment terms in effect at the time the charge is incurred. To the extent permitted by applicable law, ComicRush may modify fees, pricing structures, or billing methods from time to time, with any required notice provided as mandated by law.
By purchasing or accessing any paid features of the Service, you confirm that you meet the applicable age eligibility requirements set out in these Terms.
By selecting and purchasing a paid feature or service, and by submitting your order, you authorize ComicRush to charge the applicable fees, together with any required taxes, to your selected payment method. You further authorize ComicRush to process any recurring or subsequent charges associated with your purchases or subscriptions, as applicable. Unless explicitly stated otherwise, prices shown on the Service do not include applicable sales or similar taxes. You are responsible for all fees and taxes incurred by you or through your account. Applicable taxes may include value-added tax (VAT) or similar indirect taxes, depending on your location and applicable law.
Payment processing may be handled through third-party payment service providers. In such cases, you may be redirected to a third-party payment page (hereinafter, the “Payment service page”) and required to provide information directly to that provider. Any information submitted through a Payment service page is governed by the terms and privacy policy of the applicable payment service provider, and not by these Terms or ComicRush’s Privacy Policy. ComicRush does not control and is not responsible for the data practices of third-party payment providers. ComicRush is not responsible for errors, interruptions, or failures occurring on or through any third-party payment service.
When you purchase a license to use Сoins, such Coins will generally be made available to you promptly following completion of the transaction. Additional or supplemental terms may apply to certain purchases and will be presented at the time of purchase. The purchase and use of Coins are subject to applicable refund limitations and expiration terms as set out below in these Terms.
ComicRush reserves the right to suspend or restrict access to paid features or Coins in cases of suspected fraudulent activity, chargeback abuse, or misuse of payment methods.
9. Fulfillment of digital content (access and delivery)
Digital products and access activation. ComicRush provides access to digital products (including comics) electronically through the Service. No physical delivery is provided. Unless expressly stated otherwise at checkout or within the Service, access to purchased digital products, Subscription features, or Coins functionality is fulfilled by enabling access within your account or making the relevant content/features available through the Service.
Timing of fulfillment. Fulfillment is typically performed immediately or within a short time after successful payment authorization. However, fulfillment may be delayed due to technical issues, maintenance, verification checks, suspected fraud, chargeback risk, network outages, third-party payment processing delays, or other circumstances beyond ComicRush’s reasonable control. ComicRush does not guarantee uninterrupted or continuous availability of any specific comic, title, or feature.
Prerequisites and compatibility. You are responsible for maintaining a compatible device, software, and internet connection required to access the Service. Fulfillment is deemed completed once the relevant access is enabled within your account or the Service, even if you are unable to access the content due to incompatibility, connectivity issues, device restrictions, or user-side technical problems. For the avoidance of doubt, ComicRush's obligation to fulfill a purchase is satisfied once access to the relevant digital content, Subscription features, or Coins is enabled within your account or otherwise made available through the Service in accordance with these Terms.
Subscriptions. Where you purchase a Subscription, fulfillment occurs by granting you access to the eligible Subscription content and features for the applicable subscription period. Subscription access may be subject to plan limitations, content availability by region, age restrictions, or other eligibility requirements disclosed in the Service. Where permitted by applicable law, including EU consumer protection laws relating to digital content and digital services, you acknowledge that fulfillment involving immediate access to digital content or services may result in the loss of statutory withdrawal rights once such access has begun, provided that you have given the required express consent and acknowledgment.
Coins and virtual items. Where you purchase Coins, fulfillment occurs when the Coins balance is credited to your account and becomes available for use within the Service. Coins are usable only within the Service and do not constitute real-world money or a stored value account. ComicRush may delay or withhold fulfillment of Coins where reasonable verification is required or where there is suspected fraud, abuse, or payment irregularities.
Content availability and changes. The catalog of digital products and the availability of any particular comic, series, chapter, or feature may change over time. ComicRush may add, remove, modify, suspend, or discontinue content or features for business, licensing, legal, or technical reasons. Where required by applicable law (including EU consumer protection rules for digital content and digital services), you may be entitled to remedies if digital content or digital services you paid for are not provided or do not conform to the contract. Temporary unavailability, interruptions, or limitations in access to digital content or features, including those caused by maintenance, updates, technical issues, or third-party dependencies, do not constitute a failure of fulfillment, provided that ComicRush has made the digital content or services available in accordance with these Terms.
Multiple transactions and duplicate purchases. If a transaction is successfully processed more than once due to a technical error, or if duplicate access is granted for the same entitlement, ComicRush may, to the extent permitted by applicable law, correct the error by reversing the duplicate portion of the transaction or adjusting the corresponding entitlement, and will provide any legally required refund.
Proof of fulfillment and records. ComicRush may maintain transaction logs, system records, and account activity data as evidence of fulfillment, including records showing when access was enabled, a Subscription period began, or Coins were credited. To the extent permitted by applicable law, such records shall constitute prima facie evidence of fulfillment and may be used to resolve disputes, chargebacks, or claims relating to delivery or access.
10. Refunds
Please review this section carefully, as refunds are issued in accordance with this section and applicable law.
The Website may offer internal tools that allow you to submit questions, objections, or requests for clarification regarding completed transactions through your account settings or transaction history. Such tools are provided for convenience only and do not replace, modify, or limit the refund procedures described in these Terms. Use of these tools does not guarantee that a refund, reversal, or adjustment will be granted.
10.1. Refunds for Coins
As a general rule, purchases made on the Website, including Coins already used and Coins remaining in your account balance, are non-refundable. Any exceptions to this rule are expressly set out in this section.
The Website recognizes two categories of refunds:
- Legal refunds, meaning refunds that you may be entitled to under mandatory provisions of applicable law based on the User’s place of residence; and
- Discretionary refunds, meaning refunds that may be granted by the Website at its sole discretion.
10.2. Legal refunds
10.2.1. Users residing in the EU or EEA
If you reside in the European Union or the European Economic Area, applicable law may grant you the right to withdraw from a distance contract within fourteen (14) calendar days from the date you begin using the Website, without providing any reason.
This right of withdrawal does not apply where performance of the agreement has begun after you: (i) provided your express consent to such performance; and (ii) acknowledged that you would lose your right of withdrawal by granting that consent.
By accepting these Terms and Subscription Policy as an integral part thereof, you expressly:
- request that the digital content and/or digital services be made available to you immediately after purchase and activation (including immediate access to Subscriptions and/or Coins where applicable); and
- acknowledge and agree that your right of withdrawal will expire fourteen (14) calendar days after your registration date.
10.2.2.Users residing in certain U.S. States
Depending on your state of residence, applicable U.S. law may allow you to cancel certain transactions within a limited time period, which may extend until midnight of the third business day following the transaction date. Where a transaction qualifies for a legally required refund, such refund will be processed upon your request in accordance with applicable law.
10.3. Discretionary refunds
Any refund that does not qualify as a Legal refund under applicable law shall be considered a Discretionary refund, subject to applicable law.
At our discretion, we may refund the monetary equivalent of unspent Coins remaining on your account balance in the following circumstances:
- where Coins were purchased by mistake, without any intention to use them, provided that you submit a refund request within three (3) calendar days of the mistaken purchase, and the monetary equivalent of the unspent Coins exceeds USD 20 (or the equivalent amount in local currency); or
- where your account has been blocked or terminated at your request, and the monetary equivalent of the unspent Coins exceeds USD 20 (or the equivalent amount in local currency).
Optional refunds for unspent Coins will not be issued where:
- the refund request constitutes your fifth (5th) or any subsequent request for such a refund (this limitation applies solely to Discretionary refunds and does not affect any rights you may have to Legal refunds under applicable law); or
- ComicRush reasonably determines that the refund request arises from, or is connected to, a violation of these Terms.
In addition to the cases described above, ComicRush may, at its sole discretion and on a case-by-case basis, issue a refund for unspent Coins where it determines that exceptional circumstances justify such action.
10.4. Submitting a refund request and evidence
Refund requests must be submitted by contacting us at [email protected]. Your request should include a clear explanation of the issue and the reasons why you believe a refund is appropriate.
Each refund request is reviewed on an individual basis. Initial assessment typically requires at least forty-eight (48) hours. We will make reasonable efforts to process refund requests within a commercially reasonable timeframe. In certain cases, we may request your authorization to conduct a formal review or investigation. If such authorization is withdrawn, the investigation will be discontinued, and the refund request will be closed.
You may be asked to provide supporting evidence or additional information. Depending on the circumstances, multiple rounds of clarification or evidence submission may be required. You are expected to act reasonably and in good faith and to provide all relevant information promptly to allow us to assess your request efficiently.
We reserve the right to disregard or reject any evidence that we reasonably believe to be forged, altered, or otherwise unreliable. In such cases, we may deny the refund request in whole or in part.
If we determine that a refund is justified, we may issue a full or partial refund. Granting or denying a refund does not constitute an admission of fault or wrongdoing by either party. In all cases, any refund issued will not exceed the amount paid for the relevant paid feature.
A refund request may be partially granted where, among other reasons:
- the request is only partially substantiated;
- there is credible, conflicting evidence;
- the alleged facts cannot be fully verified; or
- the User’s actions or omissions contributed to the situation.
A refund request may be denied where, among other reasons:
- it is submitted outside the time limits specified in this Policy;
- required authorization for an investigation is not granted or is later withdrawn;
- submitted evidence is reasonably suspected to be falsified or altered; or
- requested additional information is not provided within seven (7) calendar days.
The Website retains the right, to the extent permitted by applicable law, to grant a partial refund or to deny a refund request entirely based on the circumstances of the case.
10.5. Refunds for subscriptions
Subscription fees are charged on a non-refundable basis, except as required by applicable law. By purchasing a subscription, you acknowledge and agree that all subscription payments are final and non-exchangeable and that subscriptions cannot be canceled once activated.
Notwithstanding the foregoing, refunds or cancellations will be provided where required by mandatory provisions of applicable law. The Company may also, at its discretion, issue refunds in accordance with its internal policies, where it determines that a refund is appropriate.
Once a subscription period has expired, the subscription will be deemed fully consumed, and no refund will be available, except as required by applicable law.
11. User feedback and unsolicited submission
The Service may allow users to submit ratings and written feedback regarding content or features of the Service (hereinafter, “User feedback”). No other forms of user-generated content, including uploads, creative works, comments in forums, or public posts, are permitted unless expressly authorized by ComicRush. Submission of User feedback does not create any obligation on ComicRush to implement, respond to, or compensate you for such feedback.
By submitting User feedback, you grant ComicRush and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such User feedback in any media and for any purpose related to the operation, improvement, marketing, or promotion of the Service. To the extent required by applicable data protection laws, this license shall be subject to your statutory rights, including rights to erasure or restriction of processing of personal data.
You represent and warrant that: (i) you own or otherwise have all necessary rights to submit the User feedback; (ii) your User feedback does not infringe any intellectual property, privacy, or other rights of any third party; (iii) your User feedback is lawful, accurate, non-misleading, and does not contain offensive, defamatory, obscene, or otherwise objectionable material; and (iv) submission of your User feedback does not violate any applicable law or these Terms.
You acknowledge that User feedback may be visible to other users of the Service and may be used by ComicRush without compensation or attribution to you. ComicRush is not responsible for any User feedback submitted by users, except to the extent required by applicable law, and does not endorse any opinions expressed therein. ComicRush has no obligation to monitor User feedback but reserves the right, at its sole discretion, to review, moderate, remove, or refuse to display any User feedback at any time and for any reason.
Unsolicited submissions. ComicRush does not accept or consider unsolicited creative ideas, concepts, designs, stories, artwork, or other materials beyond User feedback expressly permitted by the Service. If you submit any unsolicited materials to ComicRush (hereinafter, “Unsolicited submissions”), whether through the Service or otherwise, such Unsolicited submissions shall be deemed non-confidential and the exclusive property of ComicRush.
By submitting Unsolicited submissions, you irrevocably assign to ComicRush, to the extent permitted by applicable law, all right, title, and interest therein, including all intellectual property rights, without any obligation of compensation, credit, or approval. ComicRush shall be free to use, disclose, reproduce, modify, and exploit such Unsolicited submissions for any purpose, commercial or otherwise, without restriction.
To the fullest extent permitted by applicable law, you waive any moral rights or similar rights you may have in any Unsolicited submissions.
12. Service availability and limitations
ComicRush does not guarantee uninterrupted, continuous, or error-free access to the Service. While we aim to provide a reliable experience, the Service may be unavailable from time to time due to maintenance, including scheduled or emergency maintenance, system updates, technical issues, or circumstances beyond our reasonable control. Such circumstances may include, without limitation, acts of God, natural disasters, failures of telecommunications networks, power outages, cyber incidents, or actions of third-party service providers.
You acknowledge and agree that temporary interruptions, delays, or suspensions of the Service may occur without prior notice. To the fullest extent permitted by applicable law, ComicRush shall not be liable for any loss, damage, or inconvenience arising from any interruption, suspension, or unavailability of the Service. Nothing in this section limits or excludes ComicRush’s liability for gross negligence, willful misconduct, or any liability that cannot be excluded under applicable consumer protection laws.
Service access may be suspended or limited, in whole or in part, for operational, technical, security, legal, or maintenance reasons. Except as expressly required by applicable law, you are not entitled to any refund, credit, or compensation for such interruptions or suspensions. This provision is without prejudice to any refund or cancellation rights expressly set out in these Terms or required by applicable law.
Nothing in this Section shall affect any statutory rights you may have under applicable law in respect of digital content or digital services that do not conform to the contract, including rights to remedies such as repair, replacement, refund, or termination where required by law.
13. Copyright and intellectual property complaints (DMCA and EU Notice-and-action procedure)
ComicRush respects the intellectual property rights of others and complies with applicable copyright and digital services legislation, including the Digital Millennium Copyright Act (hereinafter, “DMCA”), the Digital Services Act (Regulation (EU) 2022/2065), and Directive (EU) 2019/790 on copyright in the Digital Single Market.
It is ComicRush's policy to respond promptly to properly submitted notices of alleged copyright or other intellectual property infringement and, where appropriate, to suspend or terminate the accounts of users who are repeat infringers, in accordance with applicable law.
Submission of notices. If you believe that any content available through the Service infringes copyright or other intellectual property rights, or otherwise constitutes illegal content under applicable law, you may submit a notice to ComicRush using the contact details provided below.
To be valid and actionable, your notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the rights holder (or, where applicable, sufficient identification of the notifier);
- identification of the copyrighted work or other intellectual property right claimed to have been infringed, or a sufficiently substantiated explanation of why the content is alleged to be illegal;
- a clear identification of the material complained of and its exact electronic location (such as specific URLs or other precise identifiers);
- your name and email address and, where required under applicable law, additional contact information sufficient to allow us to communicate with you;
- a statement of good faith belief that the use of the content is not authorized by the rights holder, its agent, or applicable law; and
- a statement that the information provided in the notice is accurate and, where required by law, made under penalty of perjury.
Notices must be submitted in writing and in English, unless otherwise required by applicable law.
Review and action. Upon receipt of a sufficiently precise and adequately substantiated notice, ComicRush will assess the notice without undue delay and take appropriate action, which may include removing or disabling access to the content, in accordance with applicable law.
Where required under EU law, ComicRush will provide the affected user with a statement of reasons explaining the decision to remove or restrict access to content, unless an exception applies.
Counter-notification and safeguards. Where permitted by applicable law, users may submit a counter-notification if they believe that content was removed or disabled as a result of a mistake or misidentification. Counter-notification submitted under the DMCA must comply with the requirements of 17 U.S.C. §512(g), including consent to the jurisdiction of the appropriate federal court. ComicRush may restore such content unless the original notifier initiates legal proceedings within the time period prescribed by law.
ComicRush reserves the right to take appropriate measures against notices or counter-notices that are manifestly unfounded, abusive, or submitted in bad faith, in accordance with applicable law.
Designated DMCA Copyright agent and EU Notice-and-action contact. All copyright, intellectual property, and illegal content notices may be submitted to: [email protected].
Nothing in this section shall be construed as imposing a general obligation on ComicRush to monitor content or actively seek facts indicating illegal activity, in accordance with applicable law.
14. Links to third-party websites
The Service may contain links to websites, applications, or services operated by third parties. Such links are provided solely for your convenience. ComicRush does not own, operate, monitor, or control any third-party websites or services and makes no representations or warranties regarding their content, accuracy, availability, security, or reliability. ComicRush provides such links in a neutral manner and does not actively curate or promote third-party content.
Access to any third-party website or service is at your own risk. Nothing in this section shall affect any mandatory consumer rights that may apply to you under applicable law. The inclusion of any link does not imply endorsement, sponsorship, affiliation, or recommendation by ComicRush of the third party or of any content, products, or services made available through such third-party websites or services. ComicRush reserves the right to remove, disable, or restrict links to or from third-party websites at any time, without notice.
Any interactions, transactions, correspondence, or dealings between you and third-party website operators or service providers are solely between you and such third parties. ComicRush shall not be responsible or liable for any loss, damage, charge, or dispute arising from your use of, or reliance on, any third-party websites, products, or services.
Please note that when you provide personal data to third-party websites or services, such data is governed by the privacy policies and terms of those third parties. In such cases, ComicRush acts neither as a data controller nor as a data processor in respect of data collected by third parties. ComicRush’s Privacy Policy does not apply to any information collected by third-party websites or services.
15. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ComicRush, ITS LICENSORS, AND THIRD-PARTY PROVIDERS, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE SERVICE, THE WEBSITE, OR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THEM, INCLUDING ANY THIRD-PARTY CONTENT OR SERVICES ACCESSED THROUGH THE SERVICE OR THE WEBSITE. IN PARTICULAR, THE ComicRush PARTIES DO NOT WARRANT THAT THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM DEFECTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THEIR USE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND THE WEBSITE, OR YOUR INABILITY TO ACCESS OR USE THEM, IS AT YOUR SOLE RISK. THE SERVICE, THE WEBSITE, AND ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY USER FEEDBACK, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE PROHIBITED BY APPLICABLE LAW, ComicRush EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. FOR USERS LOCATED IN THE EUROPEAN UNION, THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY RIGHTS RELATING TO THE SUPPLY OF DIGITAL CONTENT OR DIGITAL SERVICES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, OR RIGHT THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER APPLICABLE MANDATORY LAW. THIS DISCLAIMER DOES NOT LIMIT ANY MANDATORY REMEDIES, INCLUDING REFUND OR TERMINATION RIGHTS, WHERE SUCH REMEDIES ARE REQUIRED BY APPLICABLE LAW.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ComicRush, ITS LICENSORS, THIRD-PARTY PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE WEBSITE, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH LIABILITY IS BASED, EVEN IF ComicRush HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT ANY LIABILITY IS NOT LAWFULLY EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF THE ComicRush PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ComicRush DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES IN THE AGGREGATE AND SHALL NOT BE INCREASED BY THE EXISTENCE OF MULTIPLE CLAIMS OR INCIDENTS. IF YOU HAVE NOT MADE ANY PAYMENTS TO ComicRush DURING SUCH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICE. THIS LIMITATION IS WITHOUT PREJUDICE TO ANY REFUND OR TERMINATION RIGHTS EXPRESSLY PROVIDED UNDER THESE TERMS OR REQUIRED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, INCLUDING LIABILITY FOR CERTAIN TYPES OF DAMAGES. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR FOR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. FOR USERS LOCATED IN THE EUROPEAN UNION, THESE LIMITATIONS DO NOT AFFECT ANY MANDATORY STATUTORY RIGHTS RELATING TO DIGITAL CONTENT OR DIGITAL SERVICES. ACCORDINGLY, IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE LIABILITY OF THE ComicRush PARTIES SHALL BE LIMITED TO THE LOWEST AMOUNT PERMITTED BY SUCH LAW. THESE LIMITATIONS ARE INDEPENDENT OF, AND IN ADDITION TO, ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE ComicRush PARTIES DO NOT ENDORSE, CONTROL, OR ASSUME ANY RESPONSIBILITY FOR ANY OPINIONS, ADVICE, STATEMENTS, CONTENT, OR CONDUCT MADE AVAILABLE THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND SHALL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT OR CONDUCT, INCLUDING CONTENT OR CONDUCT ATTRIBUTABLE TO PERSONS OTHER THAN AUTHORIZED ComicRush REPRESENTATIVES ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
17. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ComicRush, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, LICENSORS, SERVICE PROVIDERS, PARTNERS, AND ANY RELATED ENTITIES, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:
(i) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, THE WEBSITE, INCLUDING ANY USE BY A THIRD PARTY USING YOUR ACCOUNT OR CREDENTIALS;
(ii) YOUR BREACH OF THESE TERMS, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU, OR YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION;
(iii) ANY CONTENT, USER FEEDBACK, OR OTHER INFORMATION SUBMITTED, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY YOU (OR BY ANY PERSON USING YOUR ACCOUNT), INCLUDING ANY CLAIM THAT SUCH CONTENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES THE RIGHTS OF A THIRD PARTY.
THIS INDEMNIFICATION OBLIGATION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT APPLY WHERE THE CLAIM RESULTS FROM ComicRush's OWN UNLAWFUL CONDUCT, GROSS NEGLIGENCE, OR WILFUL MISCONDUCT.
AT YOUR EXPENSE, ComicRush RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. IN SUCH CASE, YOU AGREE TO COOPERATE FULLY WITH ComicRush IN ASSERTING ANY AVAILABLE DEFENCES. YOU MAY NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT ComicRush’S PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
ComicRush WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY CLAIM, ACTION, OR PROCEEDING SUBJECT TO INDEMNIFICATION UPON BECOMING AWARE OF IT; HOWEVER, FAILURE TO PROVIDE SUCH NOTICE SHALL NOT RELIEVE YOU OF YOUR INDEMNIFICATION OBLIGATIONS, EXCEPT TO THE EXTENT THAT YOU ARE MATERIALLY PREJUDICED BY SUCH FAILURE. FOR USERS LOCATED IN THE EUROPEAN UNION, NOTHING IN THIS SECTION LIMITS ANY MANDATORY CONSUMER RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.
18. Mandatory binding arbitration and class action waiver
IMPORTANT INFORMATION!
This section sets forth a mandatory pre-arbitration dispute resolution process, provides for binding individual arbitration, and includes a waiver of class actions and jury trials. By using the Website or Service, you agree to be bound by these provisions.
18.1. Scope of arbitration provisions
We value our relationship with users and aim to resolve concerns efficiently and fairly. However, if a dispute cannot be resolved informally, this section explains how such disputes must be handled.
This arbitration provision applies to any disputes, claims, or controversies between you and ComicRush, including its affiliates, officers, directors, employees, agents, successors, and assigns, arising out of or relating to: (i) these Terms; (ii) your access to or use of the Website or Service; (iii) any communications, transactions, or interactions between you and ComicRush; and (iv) any legal theory, whether based in contract, statute, tort, fraud, misrepresentation, or otherwise, including claims under federal or state laws.
This provision applies regardless of when the dispute arose, including disputes arising before you accept these Terms or after termination of your account or use of the Service.
Notwithstanding the foregoing: (i) either party may pursue an individual claim in small claims court, if the claim qualifies; and (ii) either party may seek injunctive or equitable relief in a court of competent jurisdiction for alleged infringement or misuse of intellectual property rights.
18.2. Mandatory pre-arbitration informal dispute resolution
Before initiating arbitration or a small claims action (where permitted), you and ComicRush agree to first attempt to resolve the dispute informally.
a) Notice of dispute resolution
To begin the informal resolution process, you must send a written notice (hereinafter – the “Notice”) to [email protected] or such other email address as ComicRush may designate for legal notices, which must include:
- your full name, mailing address, and email address;
- a detailed description of the dispute and relevant facts;
- information sufficient to identify your account, if applicable (such as account ID or screenshots);
- a clear statement of the relief sought, including the calculation of any monetary damages claimed; and
- a personally signed statement confirming the accuracy of the information provided.
The Notice must be individualized and relate solely to your dispute. Notices submitted on behalf of another individual must clearly state the relationship and the reason the individual cannot submit the Notice personally.
If ComicRush initiates the informal resolution process, Notice will be sent using the contact information associated with your account or otherwise available to us.
b) Informal resolution period
Upon receipt of a valid Notice, both parties agree to engage in good-faith efforts to resolve the dispute for a period of ninety (90) days, unless the parties mutually agree to extend this period.
c) Required conference
As part of the informal resolution process, the parties agree to participate in at least one individualized telephonic or video conference. Each dispute requires a separate conference. The conference shall be scheduled between 30 and 60 days after notice of intent to initiate the conference, unless otherwise agreed. If either party is represented by counsel, both the party and counsel may participate. The parties shall cooperate in good faith to schedule and attend the conference and use their best efforts to resolve the dispute.
Completion of this conference is a condition precedent to commencing arbitration, except where prohibited by applicable law.
d) Effect of non-compliance
Unless prohibited by law, any arbitration initiated without full compliance with this pre-arbitration informal dispute resolution process may be dismissed. The party that failed to comply may be responsible for any arbitration filing fees and costs incurred by the other party as a result of such non-compliance.
e) Confidentiality
All communications, offers, representations, and conduct occurring during the informal dispute resolution process are confidential and shall not be admissible in any subsequent proceeding, except as necessary to demonstrate compliance with this process, except where disclosure is required or permitted by applicable law, consumer protection regulations, or regulatory authorities.
18.3. Class action and jury trial waiver
IN THE EVENT OF A DISPUTE, NEITHER YOU NOR ANYONE ELSE CAN COMBINE CLAIMS WITH OTHERS, NOR BRING FORWARD A CLASS ACTION, REPRESENT OTHERS, OR ACT IN THE ROLE OF A PRIVATE ATTORNEY GENERAL. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN SUCH COLLECTIVE LEGAL ACTIONS.
This class action and representative action waiver does not apply to users residing in jurisdictions where such waivers are prohibited by applicable law, including the European Union.
18.4. Binding individual arbitration
If the dispute is not resolved informally, either party may initiate binding individual arbitration.
Except as otherwise expressly provided in subsection 17.5 (California-Specific Dispute Resolution Provisions), all matters relating to the Website, the Service, and these Terms, and any dispute or claim arising out of or relating to them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Except as otherwise expressly provided in subsection 17.5 and subject to any mandatory rights available to consumers under applicable law, any dispute, controversy, or claim arising out of or relating to the Website, the Service, or these Terms, including their formation, validity, interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, and, where federal subject-matter jurisdiction exists, the United States District Court for the District of Delaware. Each party irrevocably submits to the personal jurisdiction of such courts and waives, to the fullest extent permitted by applicable law, any objection based on improper venue or forum non conveniens.
Notwithstanding the foregoing, if you are a consumer, nothing in these Terms shall deprive you of the protection afforded by the mandatory provisions of the laws of your country or state of habitual residence. You may also bring proceedings before the courts of your country or state of habitual residence where such right cannot lawfully be excluded or restricted by agreement.
18.5. California-specific arbitration provisions
This subsection applies solely to Users who reside in the State of California or to disputes and claims arising in California.
Notwithstanding any other provision of these Terms: (i) you shall not be required to arbitrate any claim arising in California in a location outside the State of California; (ii) any arbitration of a claim arising in California shall be governed by California substantive law, without regard to its conflict-of-laws principles; (iii) you shall be entitled to the same rights to take depositions and obtain discovery as would be available if the dispute were pending before a California Superior Court, subject to the arbitrator’s reasonable discretion and oversight; (iv) you retain the right to bring qualifying individual claims in California small claims court, to the extent such claims are eligible; and (v) the arbitration provider and arbitrator shall comply with all applicable disclosure, certification, and ethical requirements imposed by California law.
18.6. European Union consumers
Notwithstanding any other provision of these Terms, if you are a consumer residing in the European Union, this Section 17 (Mandatory binding arbitration and class action waiver) shall not limit or waive any mandatory rights you have under applicable EU consumer protection laws. In particular, nothing in this Section 17 shall restrict your right to bring claims before the competent courts of your country of residence or to benefit from mandatory consumer protection provisions under EU law.
19. Term and termination
19.1. Term
These Terms shall remain in full force and effect for as long as you access or use the Website, or Service, unless earlier terminated in accordance with this Section 18.
Your right to use the Service is granted on a limited, non-exclusive, non-transferable, and revocable basis, subject to your continued compliance with these Terms and applicable law.
Where your use of the Service is subject to a subscription or recurring payment plan, the term, renewal, and cancellation of such subscription shall be governed by the applicable subscription terms disclosed at the time of purchase and in the relevant billing section of the Service.
19.2. Termination by you
You may terminate these Terms at any time by discontinuing use of the Service and, where applicable, deleting your account in accordance with the account management features provided through the Service. Termination shall be effective upon your completion of the account deletion process or, if no account deletion functionality is available, upon cessation of your use of the Service.
Termination by you does not relieve you of any obligations incurred prior to the effective date of termination, including payment obligations, if any.
19.3. Termination or suspension by ComicRush
ComicRush may suspend or terminate your access to the Service, in whole or in part, with prior notice where required by applicable law, or without prior notice where immediate action is justified, including where permitted under U.S. law, if:
- you materially or repeatedly breach these Terms;
- your use of the Service violates applicable law or the rights of third parties;
- your account is used in a manner that poses a security, legal, or operational risk to ComicRush or other users; or
- ComicRush is required to do so to comply with a legal obligation or regulatory requirement.
Where required by applicable law, including EU consumer protection laws, ComicRush will provide prior notice and, where feasible, an opportunity to remedy the breach before termination, except where immediate termination is justified.
Any suspension or termination shall be proportionate to the nature and severity of the violation and shall be implemented in a manner consistent with applicable consumer protection laws.
19.4. Effect of termination
Upon termination or expiration of these Terms for any reason:
- all licenses and rights granted to you under these Terms shall immediately cease;
- your access to your account and the Service may be restricted or disabled;
- you must promptly discontinue use of the Service.
Termination shall not affect any rights or remedies accrued prior to the effective date of termination.
Nothing in this Section shall affect your statutory rights with respect to any digital content or services that you have already lawfully purchased or paid for, to the extent such rights are protected under applicable consumer protection laws.
19.5. Survival
The provisions of these Terms, which by their nature are intended to survive termination or expiration, shall survive, including, without limitation, the sections titled:
- Section 14. Disclaimers;
- Section 15. Limitation of liability;
- Section 16. Indemnification;
- Section 17. Mandatory binding arbitration and class action waiver (to the extent permitted by applicable law).
Survival of these provisions shall be subject to any mandatory rights or protections afforded to consumers under applicable law, including EU consumer protection legislation.
Termination of these Terms shall not limit any rights you may have to refunds or chargebacks under applicable law or under any separate refund policy expressly made available by ComicRush.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, in whole or in part, by a court or other authority of competent jurisdiction, such provision shall be deemed severed from these Terms only to the extent necessary to eliminate the invalidity, illegality, or unenforceability.
The remaining provisions of these Terms shall continue in full force and effect, provided that the essential purpose of these Terms is not materially undermined.
Nothing in this Section shall operate to limit or waive any mandatory rights or protections afforded to consumers under applicable law, including EU consumer protection legislation.
21. Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of ComicRush, except where such restriction is prohibited by applicable law.
ComicRush may assign or transfer these Terms, and any of its rights and obligations hereunder, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that such assignment does not materially reduce your rights or protections under these Terms.
Any attempted assignment or transfer by either party in violation of this Section shall be null and void to the extent prohibited by applicable law.
Nothing in this Section shall affect any mandatory rights or protections afforded to consumers under applicable law, including EU consumer protection legislation.
22. Force majeure
Neither ComicRush nor you shall be liable for any failure or delay in the performance of obligations under these Terms to the extent such failure or delay is caused by events beyond the reasonable control of the affected party (hereinafter, “Force majeure event”).
Force majeure events may include, without limitation: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest or riots, governmental or regulatory actions, embargoes or sanctions, fires, floods, explosions, labor disputes or strikes, shortages of energy, transportation, or materials, and failures of telecommunications or network infrastructure not caused by the affected party.
The affected party shall use reasonable efforts to mitigate the impact of the Force majeure event and to resume performance as soon as reasonably practicable.
Nothing in this Section shall excuse payment obligations already accrued prior to the occurrence of a Force majeure event, nor shall it limit or exclude any mandatory rights or remedies available to consumers under applicable law, including EU consumer protection legislation.
23. Enforceability, entire agreement, and no waiver
These Terms become effective and binding upon your acceptance of them, including by accessing or using the Website or Service, subject to any mandatory rights afforded to you under applicable law.
These Terms, together with any additional terms, policies, or guidelines expressly incorporated by reference, constitute the entire agreement between you and ComicRush regarding your access to and use of the Service and supersede any prior or contemporaneous agreements, communications, or understandings relating thereto.
No failure or delay by ComicRush to exercise or enforce any right, remedy, or provision of these Terms shall operate as a waiver of such right, remedy, or provision, nor shall any single or partial exercise of any right or remedy preclude any further exercise thereof or the exercise of any other right or remedy.
Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of ComicRush, except where a waiver arises by operation of applicable law.
The section headings used in these Terms are provided for convenience only and shall not affect the interpretation or construction of these Terms.
Nothing in this Section shall limit or exclude any mandatory rights or protections available to consumers under applicable law, including EU consumer protection legislation.
24. Notices
24.1. Notices from ComicRush to you
ComicRush may provide notices, disclosures, or other communications to you by reasonable means, including, without limitation:
- by posting notices within the Service or on the Website;
- by sending an email to the email address associated with your account; or
- by other electronic means consistent with the contact information you have provided to us.
You are responsible for ensuring that your contact information is accurate and up to date. Notices shall be deemed received when made available through the applicable communication channel, subject to any mandatory requirements under applicable law.
24.2. Notices from you to ComicRush
Any notice to ComicRush required or permitted under these Terms must be made in writing and sent to: [email protected] or through any other specific notice mechanism expressly designated by ComicRush for legal notices.
Notices sent by email shall be deemed received upon confirmation of delivery or, where confirmation is not available, upon receipt in ComicRush’s email system, except where applicable law requires a different standard.
24.3. Consumer rights and mandatory law
Nothing in this Section shall limit your right, where required by applicable law (including EU consumer protection legislation), to submit complaints, notices, or legal communications through alternative channels, including regulatory authorities or competent courts.
25. Technical and customer support
Subject to the other provisions of these Terms, ComicRush will use reasonable efforts to provide technical and customer support to assist you with:
- the use of the Website and Service;
- issues related to your account, subscriptions, purchases, or virtual items (if applicable); and
- general questions regarding these Terms.
Customer support is provided on an as-available basis and may be subject to limitations, delays, or changes depending on the nature of the request, technical constraints, or applicable policies. ComicRush does not guarantee uninterrupted or immediate support responses.
You may contact ComicRush’s customer support team by email at: [email protected].
Nothing in this Section shall limit or exclude any statutory rights or remedies available to you under applicable law, including mandatory consumer protection rights in the European Union, such as rights related to digital content conformity, refunds, or complaint handling.