Terms of Use

Thank you for using the Website. These Terms of Use ("Terms" are a legal agreement between you and Komiks Diner Group  and govern your use of all the text, data, information, graphics, photographs and more that we may make available to you (all of which we refer to as "Materials"), including our websites and any services that we may provide through our websites. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such company or other organization.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.

YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

We invite you to use this Website for the purposes for which it was made and not for the purposes of using its material for commercial  use - enjoy!

Subject to these Terms, we grant you a limited, personal, non-exclusive use of the website. You have no other rights in the websites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, in any way exploit any Materials in any manner.

Our Newsletters are not intended for and may not be used by individuals under 13 years of age. By subscribing to our Newsletters you promise that you are at least 13 years of age.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website.

komiksdiner.com reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

By using the Website, you consent to receiving electronic communications from us. These electronic communications. These electronic communications are part of your relationship with us. You agree that any communications that we send you electronically will satisfy any legal communication requirements.

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. komiksdiner.com has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws.  Unless you have written permission from us or owners of copyrighted stating otherwise.

You alone are responsible for any violation of these Terms by you. You agree to indemnify  komiksdiner.com Group including reasonable attorneys' fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by komiksdiner.com Group and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the komiksdiner.com assets, your violation of these terms, or your violation of any law.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone's intellectual property rights.

in violation of someone's intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512 Digital Millennium Copyright Act ("DMCA"), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement using our online contact form.

To be sure the matter is handled immediately, your written notice must:

- Contain your physical or electronic signature;

- Identify the copyrighted work or other intellectual property alleged to have been infringed;

- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

- Contain adequate information by which we can contact you (including address, telephone number, and e-mail address);

- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

- Contain a statement that the information in the written notice is accurate; and

-Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the followin information:

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the followin information:

other infringement notifications

THE WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL KDG BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

We control and operate the Website from our headquarters in the state of California in the United States of America and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside the United States of America, you are solely responsible for following applicable local laws as well as any U.S. export control laws and regulations.

responsible for following applicable local laws as well as any U.S. export control laws and regulations.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. 

whenever you also assert claims against us in the same proceeding.

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator mus follow this agreement and can award the same damages and relief as a court (including attorney's fees). YOU AND KDG AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to resolve the dispute which is first done by e-mailing us at [email protected] the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Arbitration Procedures

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitratior proceedings. The American Arbitration Association ("AAA"), will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the U.S. Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either California or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to California so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys' fees or expert witnesses.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and KDG specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without havin complied with the opt-out requirements above.

Other

You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court, which you agree will be in the County of Sonoma in the state of California. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

We think direct communication resolves most issues - if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective actions) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Marin County, California. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Policy, End User License Agreement and any other data processing addendum or agreement hereto (as applicable), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between KDG and you about the Website and our services. The rights of KDG under our Terms will survive the termination of our Terms.

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an e-mail to the address you gave us. The latest copies of our Terms will be posted on our Website, and you should review all Terms prior to using our Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our terms to make sure you  agree to them. I you obiect to any  modifications, your sole recourse will be to cease using this Website. KDG reserves the right to change any and all features of our Website, at any time without notice.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected]

Revised: 02.22.2025