1. Acceptance of the Terms of Use. These Comcraft Terms of Use apply to your access and use of the Comcraft Website, and access to and use of the webpages, platform, services or content therein or provided thereby (collectively, the “Services”) provided by Comcraft (including its affiliates, hereinafter together referred to as “Comcraft,” “us”, or “we”). By using the Services, logging in to the Services, publishing User Postings, and/or clicking on a button on the Services indicating your consent, you hereby agree to (1) these Comcraft Terms of Use, (2) our Community Policy and Uploading Guidelines, which are all incorporated herein by reference (collectively the "Agreement"), and you acknowledge that you have read and understand our Privacy Policy. The Agreement constitutes the entire agreement by and between Comcraft and you. If you do not want to agree to the Agreement, you may not access or use the Services. If you are using the Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to the Agreement, and the words “you” or “your” in the Agreement includes such other person or entity. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement. 2. Changes to the Terms of Use. Comcraft may make changes to the Agreement from time to time by publishing amended versions on the Comcraft Website. We will attempt to provide you with notice of any changes to the Agreement that materially affect your rights by notifying you via email, offering a notification within the Comcraft Website or by updating the date at the top of the Agreement. You should also periodically review the most up-to-date version of the Agreement on the Comcraft Website. All modifications to the Agreement that we post on the Services will be effective immediately upon posting, and your continued use of the Services after we post changes to the Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop using the Services. 3. Definition a) “Creator Profiles” refers to the Services allow you to customize your user profile page and make some or all of it public to other users of the Services for feedback and interaction. b) "Digital Content" means webcomics, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service. c) "Comcraft Website" means www.thecomcraft.com d) "User Postings" means content, including text, data, photographs, graphics, images, information, and any combination of these elements which you and other users may submit to the Services, including through comments and other features like Creator Profiles. e) Physical Copies: Tangible reproductions of comics, such as books, prints, posters, or other merchandise based on the original comic content, intended for sale or distribution. 4. Ownership and License of Digital Content and User Postings. a) Ownership of Digital Content. You understand and agree that the Services (including the Comcraft Website) are owned by Comcraft. The Digital Content made available on the Service is owned by Comcraft or licensed by the applicable copyright owner to Comcraft. The Comcraft Website, Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws and treaties of the United States, and other countries relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. Comcraft does not transfer any title, right or interest to or in the Services and/or Digital Content to you. b) License of Digital Content to You. Upon your use of Digital Content, Comcraft grants you a limited, non-exclusive and non-transferable, non-sublicensable, revocable license to access, view, and use such Digital Content, solely for your personal, non-commercial use consistent with the terms of the Agreement, provided that you access the Digital Content only within the country in which you have established your account and/or only in geographic locations where we offer our Services and have licensed such Digital Content. The availability of Digital Content may vary by geographic location and may change from time to time. The license does not confer on you any ownership interest in such Digital Content. Within the Comcraft Website, you may access, view or use Digital Content .Digital Content is licensed to you by Comcraft; Digital Content is not sold, transferred, or assigned to you. c) Limitations to Digital Content License. Unless otherwise stated in writing by Comcraft, you may not copy, redistribute, transmit, sell, rent, lease, convey, reconvey, post, perform, broadcast, assign, display, or sublicense the Digital Content, or otherwise make available any rights to the Digital Content, other than your own User Postings. You may not circumvent, modify, avoid, bypass, remove, deactivate, impair or otherwise defeat any digital rights management software, encryption, rights signaling or copy protection technology used to deliver or protect the Digital Content, or in which the Digital Content is wrapped or otherwise associated with (or attempt to do any of the foregoing), and you may not edit, modify, translate or create derivative works or adaptations of the Digital Content, other than your own User Postings. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content (other than your own User Postings), or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised. You may not remove or alter any trademark, service mark or logo or any copyright, trademark or other intellectual property notices, or any other proprietary notices or labels on or in the Digital Content. You may not use any Digital Content in an unlawful or infringing manner. 5. Comcraft Website. a) Use of Comcraft Website. You may use the Service, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which we permitted you to. You may not (i) separate any individual component of such software for use on another device or computer; (ii) transfer it for use on another device or computer or use it, or any portion of it, over a network, or (iii) sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part. We cannot guarantee the Services will correctly or immediately reflect your preferences and actions in whole or part. b) Account Creation. You may need to register for an account to access some or all of the Services. You are responsible for keeping your account information current, for taking reasonable steps to maintain the confidentiality of your username and password, and for all activities occurring under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other actual or reasonably suspected breach of security that you become aware of involving your account or the Services. We will not be liable to you for any loss you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by Comcraft or others due to any unauthorized use of your username, password or account. You may not use anyone else’s account at any time without the permission of the account holder. c) Updates. In order to keep the Comcraft Website up-to-date and in conformance, Comcraft may make available updates/upgrades to the Comcraft Website. d) No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the Comcraft Website or any other component of the Services or Digital Content or reduce the Services or any software or data in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the Comcraft Website or any other component of the Services or Digital Content, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Comcraft Website, or any other component of the Services or Digital Content; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality. 6. Conditions of Use a) Minimum Age. 1.i. To use the Services, you must be at least thirteen (13) years old (or the minimum permissible age under the applicable law of your jurisdiction, if higher) ("Minimum Age"). The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you may not access or use the Service. 2.ii. If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement. 3.iii. You represent to us that (i) you are at least of Minimum Age or otherwise will provide us with contact information of your parent or guardian in order for us to obtain consent consistent with the laws of your jurisdiction and (ii) if you are a Minor, you may only use the Service under the consent and supervision of a Representative who agrees to be bound by the Agreement, and the use of the Service is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Service if it comes to our attention that any of your representations to us are not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Service or any other products or services offered by Comcraft. We advise Representatives who permit their represented Minors to use the Services to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware by their Representatives of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors. b) Acceptable Use. You may not access or use, or attempt to access or use, the Services to take any action that could harm Comcraft, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not: 1.i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; 2.ii. allow any other person to use the Services under your account; 3.iii. engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services; 4.iv. take any action that imposes an unreasonable or disproportionately large load on Comcraft’s network or infrastructure; 5.v. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; 6.vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; 7.vii. distribute any unauthorized materials or advertise or promote goods or services through the Services without Comcrafts’s permission (including, without limitation, by sending spam); or 8.viii. engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Comcraft’s sole judgment, exposes Comcraft or any of Comcraft’s users, affiliates, or any other third party to any liability, damages, or detriment of any type. Violations of system or network security may result in civil or criminal liability. Comcraft may investigate and work with law enforcement authorities to prosecute users who violate the Agreement. c) Compliance with Law and Reservation of Rights. You must use the Services and Digital Content in compliance with applicable laws and you may not use the Service in any manner that may have a detrimental effect on the Service, Comcraft, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in the Agreement are reserved to Comcraft. d) Content Moderation. You acknowledge and agree that we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate User Postings, Digital Content, and other content on the Services for violations of the Agreement or existing and future policies and guidelines, and applicable law. Our content policies, and the penalties for violating them, are more particularly described in our Community Policy and Uploading Guidelines. 7. Privacy. a) Comcraft respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. Our Privacy Policy is available on the Comcraft Website and applies to your use of the Services. Please read our Privacy Policy to understand the ways in which we collect and use your personal information. b) We do not knowingly collect personal information from users under the age of 13 (or the minimum requisite age in your jurisdiction of residence) without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 13 (or the minimum requisite age in your jurisdiction of residence) may have provided personal information without their consent should contact us at Customer Care. In such case, in our reasonable judgment, we may delete the personal information of such users under the age of 13 (or the minimum requisite age in your jurisdiction of residence). c) If you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies. d) If you choose to engage in public activities on the Services, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas. e) Comcraft may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by Comcraft, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive communications from Comcraft that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods Comcraft may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or the Agreement; and (iv) tell you about future Comcraft programs, products or services. 8. User Postings; Feedback. a) License of User Postings to Comcraft. i. For any User Posting posted or submitted through the Services, whether previously existing or posted or submitted going forward, you grant us, to the maximum extent permitted under applicable laws, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable (through multiple tiers of sublicensees) license to access, use, host, cache, store, reproduce, transmit, modify, create derivative works of, perform (including publicly), display (including publicly), publish, distribute, monetize, (e.g. by placing advertisements or charging for access) and otherwise exploit your User Posting for purposes of maintain and improving our Services, and promoting the same in all media now known or hereafter devised, for the full duration of all applicable intellectual property rights in and to the User Posting. Notwithstanding the foregoing or anything to the contrary set forth anywhere on our Service, with respect to comics posted on Comcraft, the rights to modify or create derivative works (or sublicense such rights) shall be limited to the sole purpose of marketing and promoting such comics, the Services, producing physical copies for distribution, and selling such physical copies. Revenue generated from the sale of physical copies shall be subject to royalty payments to the creators as outlined in the applicable royalty agreement, which shall be determined separately and agreed upon by the parties. ii. For the avoidance of doubt, the foregoing license includes the right to use your User Postings to market the Services and the content on our Services. This means we are allowed to, among other things, send emails containing your User Postings (in whole or in part) to other Service users or exhibit your User Postings (in whole or in part) on advertisements for Comcraft and/or other Services. iii. Likewise, by uploading your User Postings you grant other users the right to access the User Postings via Comcraft and the other Services, to view them and to use them with the Comcraft and other Service functions we make available to such users. iv. You represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted to us herein for any User Posting that you post or submit through the Services, and that your User Posting will not contain any content or material that (i) violates our Content Guidelines (as described in the Community Policy and Uploading Guidelines) or (ii) is subject to copyright, publicity, or other proprietary or privacy rights, unless you have the necessary permissions and are otherwise legally entitled to post the material and to grant us the license described above. b) Feedback. We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback will be the sole and exclusive property of Comcraft, and Comcraft may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Comcraft any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to the Feedback. c) Promotion and Marketing. We may use the Digital Content, User Postings or any derivative works thereof throughout the world, to promote, market, and publicize the Service, Digital Content or User Postings, including excerpts, in any and all languages, formats and media, whether now known or hereafter created. d) Royalty Payments (i) Creators shall receive royalties from the sale of physical copies. The specific royalty rates, payment schedules, and methods of calculation shall be determined in a separate royalty agreement. (ii) Comcraft reserves the right to set the retail price and manage the production and distribution of physical copies. (iii) Royalties shall only apply to net revenue, defined as gross revenue from sales minus applicable production costs, taxes, and distribution fees. (iv) Payments will be made monthly and will include a detailed breakdown of sales and deductions. (v) Royalty terms outlined herein are subject to further agreement between Comcraft and the creators. Until such agreement is finalized, no royalties shall be payable, and Comcraft may withhold sales of physical copies. 9. Advertisements and Third-Party Services. a) Comcraft may provide its own advertisements or any third parties’ advertisements to you, online or offline, including but not limited to, on the Comcraft Website, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third-party advertiser’s products or services. Advertisements may consist of scripts, text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page). b) The Services may contain or accept links to third party services or contents, and integrations with third party platforms, like social media sites. Comcraft does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content and integrations. Use of any linked third-party service, content and integrations is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party services, and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding any such third-party service or resource or any link thereto, should be directed to the particular third-party service or resource. 10. Fees. You may be required to pay fees to Comcraft in order to purchase physical copies of comics or otherwise use certain functionality of the Services (“Service Fees”). You are responsible for paying any applicable Service Fees listed on the Services at the time of purchase. If such Service Fees are specified to be recurring on the Services, you agree that Comcraft may charge such Service Fees on a periodic basis to the payment method you specify at the time of your initial purchase (your “Payment Method”). By using a Payment Method to pay Service Fees, you are expressly agreeing that Comcraft is authorized to charge to the Payment Method the Service Fees and any other fees for additional services you may purchase, together with any applicable taxes. You acknowledge and agree that any fees for the Services may increase at any time. Additional fees may apply for new features or additions to the Service that may be made available from time to time, in which case Comcraft will provide you with notice in advance of charging the additional fees. In the event Comcraft charges additional fees in connection with the Services, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. You acknowledge and agree that Comcraft may use third party payment processors to process Service Fees on our behalf, and that Comcraft will not be held liable for any errors caused by such third party payment processors. 11. Termination and Suspension. You may stop using our Services at any time. We reserve the right to, at any time with or without notice: (i) modify, suspend or terminate operation of or access to the Services or Digital Content, in whole or in part for any or no reason; and (ii) interrupt the operation of the Service, in whole or in part as necessary to perform routine or non-routine maintenance, error correction or other changes. Your rights under the Agreement will automatically terminate if you fail to comply with any term of the Agreement. In case of such termination, you must cease all use of the Service and/or Digital Content, and Comcraft reserves the right to immediately revoke your access to the Service and/or Digital Content. Without limiting the foregoing, Comcraft may, at its sole discretion, suspend your access to the Service in part or in whole if you fail to comply with any term of the Agreement. Comcraft’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of Comcraft’s rights or remedies. 12. Disclaimer of Warranties. USE OF THE SERVICES AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMCRAFT OR ANY REPRESENTATIVE OF COMCRAFT CREATES A WARRANTY, AND THE SERVICES AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMCRAFT AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. COMCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. COMCRAFT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. COMCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMCRAFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMCRAFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED FROM COMCRAFT OR THROUGH THE SERVICES CREATES A WARRANTY OR REPRESENTATION THAT IS NOT EXPLICITLY MADE IN THIS PARAGRAPH. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF WARRANTES AS SET FORTH ABOVE. IN THOSE JURISDICTIONS SOME OR ALL PARTS OF THE ABOVE SECTION LIMITING SUCH WARRANTIES MAY NOT APPLY TO YOU. IN SUCH CASES, AN ADDENDUM STIPULATING OTHERWISE MAY APPLY TO YOU AND YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 13. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, COMCRAFT AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY RELATED TO THE COMCRAFT WEBSITE, USER POSTINGS, DIGITAL CONTENT, OR ANY OTHER COMPONENT OF THE SERVICES, ANY LOSS OF PROFITS, REVENUE, DATA, USE OF THE COMCRAFT WEBSITE, USER POSTINGS AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF COMCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE COMCRAFT WEBSITE, USER POSTINGS DIGITAL CONTENT, AND OTHER COMPONENTS OF THE SERVICES IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT COMCRAFT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, COMCRAFT'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THE AGREEMENT WITH RESPECT TO ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID IN SERVICE FEES HEREUNDER. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 14. Indemnification. a) To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Comcraft, its affiliates, and their respective officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, causes of action, demands, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service and Digital Content, your User Postings, your violation of the Agreement, or your violation of any applicable law or regulation, including without limitation all claims of third parties regarding infringement or violation of such third party’s rights (including without limitation personal rights and/or copyrights) by your User Postings. 15. Governing Law; Disputes. a) Access to the Services may not be legal by certain persons or in certain countries. If you are such prohibited person or you access the Services from such prohibited countries, you do so on your own initiative and are responsible for compliance with applicable local laws. b) The Agreement shall be interpreted in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. c) You agree that any legal suit, cause of action or proceeding that may arise out of, or related to the Agreement that is not resolved by binding Arbitration as provided in Section 17 shall be instituted exclusively In the federal courts of the United States or the courts of the State of California, in each case located In the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts. 16. Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. In order to expedite and control the cost of disputes, Comcraft and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or the Agreement (“Dispute”) will be resolved as follows to the fullest extent permitted by law: a) Notice of Dispute. In the event of a Dispute, you or Comcraft must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute via e-mail to info@thecomcraft.com. Comcraft will send any Notice of Dispute to you by e-mail address or registered mail to your address if Comcraft has it. You and Comcraft will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Comcraft may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met. c) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Comcraft will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other Service users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. d) Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees. e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Comcraft and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. f) Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If Comcraft files, then Comcraft will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines. g) Filing Period. To the extent permitted by law, any Dispute under the Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred. h) Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to the Agreement (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: info@thecomcraft.com. i) COMCRAFT AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION 17. 17. Complete Agreement and Severability. The Agreement is the entire agreement between you and Comcraft regarding the Services and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition. 18. Contact Information. For help with the Service and/or Digital Content, please contact Customer Service at Customer Care.