Last Update: October 22, 2018
Permitted Use and Restrictions
You are solely responsible for ensuring system compatibility between your device and the Mobile App. Copying or redistribution of any content accessed through the Mobile App is strictly prohibited. You may not use the Mobile App to access any content outside of the country or location authorized by Graphite or the third party who provided such content. Except as expressly provided herein, you do not acquire any rights in or to the Mobile App or the content, nor do you acquire any rights in any confidential information or trade-secrets. All rights not expressly granted to you herein are reserved by Graphite or its applicable licensors. You may not remove, obscure, or alter any trademark, logo, copyright or other proprietary notice from any content or the Mobile App.
Graphite Content and Availability
You only have access to content that has been authorized for the country with respect to which you have established your Graphite account, and such content will vary by geographic location or country. Some of the content providers use technologies to verify your geographic location, and you may not be able to access any content outside of the country or location authorized by Graphite or such content providers. You understand that the display quality of the content being streamed by your device may vary from device to device, and may be affected by many factors, including your Internet speed and your location. From time to time, Graphite may temporarily suspend your account access or our service for maintenance and repair. Access to the Mobile App and content requires Internet connectivity. Depending on your contract with your Internet provider, you may incur additional data charges from your provider when you access the Graphite Services on your Mobile App.
Graphite may add or remove content and/or content providers from time to time without notice to you. Content providers may also add or remove content from time to time without notice to you or Graphite. Graphite reserves the right to remove or restrict, from your device, access to any and all content if Graphite has reason to believe that the device linked to your Graphite account is stolen, hacked or compromised, or that the content is not properly authorized or licensed, violates any law, or has been offered by a content provider in violation of any agreement between the content provider and Graphite. Graphite may also terminate, suspend or place any account on hold in order to protect itself and its partners from what it believes to be fraudulent or illegal activity. You are responsible for ensuring that any age-restricted content is not viewed by any person not meeting the applicable age limits, as specified by law, regulation or the content provider.
Mobile App Updates
Establishing a Graphite Subscription Account (Optional)
You agree that all Personal Financial Information or other information you provide to us will be (i) accurate, current, and complete; (ii) promptly updated when there is a change; and (iii) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate any Graphite Account you establish and/or to refuse any or all current or future use of the Graphite Account or any devices linked thereto.
Do not reveal your Graphite Account information to anyone, including your Personal Financial Information. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Graphite Account, login ID and password, and for all activities that occur on or through your Graphite Account. You agree to immediately notify Graphite of any unauthorized use of your Graphite Account, or any other security breach involving your Graphite Account. You agree that Graphite will not be responsible for any losses arising out of any unauthorized use of your Graphite Account.
Fees and Charges
Your purchases may be subject to sales tax. The amount of tax charged on your purchase will depend upon many factors, including the item purchased and the applicable tax rate in effect at the time of your purchase.
Subscription Renewals and Cancellations. All subscriptions will automatically renew until cancelled by you. If a subscription is cancelled mid-way through a subscription period, the subscription will end at the end of the subscription period. You will continue to receive the subscription services until the end of the subscription period, and fees for the remainder of the subscription period will not be refunded.
You agree to pay all charges that may be incurred by you or on your behalf through the Graphite Account, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Advertising and Promotional Messages
Graphite and content providers may deliver and display advertising and promotional messages to you via the Mobile App, and to include such advertising and promotional messages in or with any user interface, notice, or content that is displayed on your device. Any interaction, transaction or agreement you have with third parties as a result of the advertising and promotional messages displayed to you are entirely between you and such third parties. Graphite is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE MOBILE APP IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GRAPHITE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAPHITE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE MOBILE APP WILL BE: (I) SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
(B) IN NO EVENT SHALL GRAPHITE, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE MOBILE APP OR YOUR USE THEREOF; AND
Choice of Law; Dispute Resolution
Binding arbitration agreement
BINDING ARBITRATION AGREEMENT
- You and Graphite agree to be bound by the procedures set forth below to resolve any and all claims arising out of or relating to your use of the Graphite Mobile App or related Graphite service, including the Graphite website, and any aspect of this binding arbitration agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Each such claim is referred to individually as “Claim” and collectively as “Claims”; and
- You and Graphite agree that, except for the claims identified in paragraph 4, any and all Claims shall be finally settled by binding arbitration. The arbitration shall take place in Santa Clara County, California and shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules, including (if applicable) the AAA’s Supplementary Procedures for Consumer-Related Disputes. Please be aware there is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than the rules applicable in court, and review of the arbitrator’s decision by a court is limited. You and Graphite further agree that each of you may bring Claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one person’s claim and may not preside over any consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only on an individual basis and may not award any form of consolidated, representative or class-wide relief. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Graphite are entitled to arbitrate the Claims. This arbitration provision is subject to the Federal Arbitration Act. The arbitrator’s award shall be binding on you and Graphite and may be entered in any court of competent jurisdiction.
- Information on AAA and how arbitration is initiated can be found at www.adr.org. Each party shall bear its own costs and expenses and arbitrator and administration fees shall be spilt equally, however the prevailing party shall be entitled to attorneys’ fees.
- This agreement to arbitrate does not apply to any Claim (a) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (b) that may be brought in small-claims court.
- If the agreement to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a given Claim, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court of competent jurisdiction in the Northern District of California or in a state court in Santa Clara County, California. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
- 30-Day Right to Opt Out: You have the right to opt out of this agreement to arbitrate by sending a written notice of your decision to opt out to the following address: Legal, Graphite, LLC., 1434 6th Street Suite 8, Santa Monica CA 90401, USA; provided that, (a) with respect to Claims related to Graphite’s websites, such notice must be postmarked on or before the 30th day after the date you first visited Graphite’s websites, and (b) with respect to Claims related to the Graphite Mobile App, such notice must be postmarked on or before the 30th day after the date you downloaded such app. Your notice should include your full name, your current postal address, telephone number and email address. If you timely send a notice in compliance with this paragraph 6, the agreement to arbitrate will not apply to either you or Graphite. If you do not timely send this notice, then you agree to be bound by this agreement to arbitrate.
- Notwithstanding any provision in this binding arbitration agreement to the contrary, you agree that, if Graphite seeks to delete or materially modify the agreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim of which you have notified Graphite prior to such modification.
If you wish to contact Graphite, please send your correspondence by mail to Graphite Comics Inc., 1434 6th Street Suite 6, Santa Monica CA90401, USA, or by email to firstname.lastname@example.org
Last Updated: October 22, 2018