Standard Terms and Conditions for Comixology eGift Cards



comiXology eGift Cards are brought to you by Iconology, Inc., which does business as comiXology, and which will be referred to here as “comiXology,” the “Company,” or by words such as “us,” “we,” or “our.” “Redemption” of eGift Cards refers to the addition of eGift Card amounts to the recipient’s account balance. “Use” of eGift Cards refers to use of the recipient’s account balance to purchase an eligible item.

The comiXology eGift Card program allows you to purchase and send virtual eGift Cards by email. By purchasing, redeeming, or using comiXology eGift Cards, you are agreeing to the following terms and conditions (collectively, these “Terms”):

1.

Purchase, Redemption and Use.

Purchases of eGift Cards are final and not refundable. You will be charged at the time you purchase an eGift Card. You may purchase, redeem, and use eGift Cards through our website, www.comixology.com (the “Website”), and to do so you must have a comiXology account (“User Account”). Recipients will be notified of eGift Cards by email. To redeem an eGift Card, the recipient will add the eGift Card amount to an existing or newly created User Account. Instructions for creating a User Account and redeeming eGift Cards will be available through the notification email and on our Website.
When you redeem an eGift Card, the amount of the eGift Card is added to your User Account balance. Purchases of eligible items are automatically charged against your account balance before being charged to your credit card. Purchase amounts exceeding your available account balance will be charged to your credit card.
eGift Cards may also be redeemable on the websites of certain participating business partners (“partner websites”) for whom comiXology provides website services and technology; additional terms and conditions may apply to redemption and use of eGift Cards on partner websites, which are subject to change at any time without notice.

2.

Eligible Items.

After you redeem your eGift Cards, your account balance can be used to purchase comic books or other eligible content for sale on our website or on a participating partner website. Subscriptions and pre-orders require a default credit card, but account balances will be applied to charges for subscriptions and pre-orders before your credit card is charged.

3.

Expiration and Fees.

eGift Cards are not subject to fees or expiration dates, unless otherwise specified in connection with certain promotional or charitable eGift Cards.

4.

Limitations.

You may not use eGift Cards to purchase additional eGift Cards or for prior purchases. You may not redeem or use eGift Cards on foreign (country top level domain) websites, on any mobile applications, on any application, site, or service other than comixology.com or a participating partner website, or for any purchase not in U.S. dollars. You may not redeem eGift Cards for cash, except for eGift Cards purchased in CA, CO, ME, MA, MN, NJ, OR, RI, VT, or WA (and only to the extent required by the laws applicable in such states), or as otherwise required by applicable law. You may not transfer or assign eGift Cards or account balances to any other person or account. eGift Cards may not be purchased, redeemed, or used in Cuba, Iran, the Sudan, or Syria, or any place where prohibited.

5.

Terms and Privacy.

Purchase, redemption and use of eGift Cards are also subject to our Website and any applicable partner website Terms of Use, Privacy Policy, and other terms or policies in effect at the time, as applicable. For information about how we collect, use and disclose information relating to use of our Website, please see our Privacy Policy at www.comixology.com. We may disclose to the purchaser of an eGift Card whether or not the recipient has redeemed the eGift Card.

6.

Changes to these Terms.

We may change these Terms at any time, without prior notice to you, by posting the new Terms on our Website, or providing notice through any other means we choose in our discretion. To the extent permitted by applicable law, any change will become effective at the time we post the revised Terms on our Website or otherwise provide notice. Unless we state otherwise, changes will apply to your existing and future eGift Cards and account balances. By purchasing, redeeming, or using any eGift Card after changes are posted on our Website or otherwise made available to you, you are agreeing to such Terms as changed.

7.

Risk of Loss.

Risk of loss of eGift Cards passes to the purchaser upon our electronic transmission of notice of the eGift Card to the recipient email address specified by the purchaser. We are not responsible if an eGift Card is lost, stolen, used without authorization, or if a recipient fails to redeem or use an eGift Card.

8.

Errors, Corrections.

We reserve the right to correct any clerical, accounting, or billing error and to adjust the balance of your account accordingly. If you have any questions regarding your account balance, please contact us at support@comixology.com.

9.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.



EGIFT CARDS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. COMIXOLOGY, ITS AFFILIATES, AND ITS BUSINESS PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. COMIXOLOGY DOES NOT REPRESENT OR WARRANT THAT EGIFT CARDS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IF AN EGIFT CARD FAILS TO FUNCTION, OR IF YOU ASSERT ANY OTHER CLAIM RELATING TO AN EGIFT CARD, YOUR SOLE REMEDY AND OUR SOLE LIABILITY WILL BE REFUND OR REPLACEMENT OF THE LAST BALANCE HELD ON SUCH EGIFT CARD. COMIXOLOGY, ITS AFFILIATES, AND ITS BUSINESS PARTNERS WILL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO EGIFT CARDS OR THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD FORESEE SUCH DAMAGES. IN NO EVENT WILL COMIXOLOGY OR ITS AFFILIATES OR BUSINESS PARTNERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A COMIXOLOGY EGIFT CARD. THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR EXCLUSION OR LIMITATIONS OF LIABILITY, AND, ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THSE TERMS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.

Assignment.

We may assign and transfer our rights and obligations in connection with eGift Cards at any time without notice, and you will look solely to such assignee or transferee for fulfillment of your rights in connection with any eGift Cards. The assignee or transferee will have the same rights and obligations as the assignor and will agree in writing to be bound by these Terms. You agree that we are released from all liability in the event of such assignment or transfer. Without limiting the generality of the foregoing, such assignment or transfer would be for corporate purposes not intended to impair your ability to use eGift Cards to purchase comic books and any other eligible items from our website.

11.

Governing Law.

All matters arising out of or relating to eGift Cards or these Terms will be governed by the internal laws of the State of New York, without regard to any provision of New York law that would result in the application of the law of any other State, country or jurisdiction, and without reference to the U.N. Convention on Contracts for the International Sale of Goods.

12.

Other Legal Matters.

If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. Captions are only for the convenience of the reader, and will not affect the interpretation of these Terms.

13.

Questions.

If you have any questions regarding these Terms or your eGift Cards, please visit our Website or contact us at support@comixology.com.