Terms and Conditions of Use
1. Accepting These Terms
This document and the other documents that we reference below make up our mall rules and guidelines, or what we officially call our Terms and Conditions of Use (the “Terms” for short). These Terms are a legally binding contract between you and Superfan Mall.
PLEASE NOTE: You will find that Section 11 below (Disputes with Superfan Mall) contains an arbitration clause as well as a class action waiver. By agreeing to these Terms, you are agreeing to resolve any and all disputes through binding individual arbitration, which means that you are agreeing to waive any right to have those disputes decided by a judge and/or a jury, and that you are waiving your right to participate in any class actions, class arbitrations, or representative actions. [Note: In some countries, you may have additional rights and/or the preceding paragraph may not be applicable to you.]
The contract below sets out your rights and responsibilities when you use (and when we say “use”, that also includes when you view, search, or have any other interactions with) the shop.comicconla.com website, so please take the time to read it carefully. By using any of our Services (even just browsing through our website), you’re agreeing to these Terms. If you don’t agree with the Terms, you may not use our Services or Website.
2. Additional Documents
While most of what you need to know about our rules and guidelines for using the Services and the Website can be found are here in this document, you can find even more detailed information in the following documents which are also posted on our Website (although we’ve provided you with links here as well to make finding them simple):
b) Rules Covering Sellers. If you sign up with us to list any items for sale through our Services, these are the policies that apply to you. You can read the sellers’ rules here.
c) Rules Covering Buyers. If you plan to use our Services to browse or shop, these are the additional policies that apply to you. You can find those rules here.
d) Rules Covering Intellectual Property. Odds are that everything that’s being sold through the Services and/or posted on the Website involves someone’s intellectual property. Our Intellectual Property Policy applies to any intellectual property owners, whether they are sellers using our Services or third parties.
3. Your Use of Our Services
Our License to You. We are granting you a limited, non-exclusive, non-transferable, and revocable right and license to use our Services, all subject to these Terms, and in particular, you are agreeing to the following restrictions concerning your use:
a) Stick to the Straight and Narrow. You agree that you will not violate, intentionally or unintentionally, any local, state, federal, national and/or international laws that may apply to you in connection with your use of the Services. For example, if you are a seller, you understand and agree (i) that it is your responsibility to obtain any and all licenses or permits required for your shop, and (ii) that you must meet all applicable legal requirements in all applicable jurisdictions. These requirements apply to all steps in the sale and delivery of your items, such as age verification upon delivery, where required by law. You understand and agree that you may not sell anything that violates any laws or is otherwise prohibited, including any limitations due to economic sanctions and trade restrictions. Additionally, you agree not to engage in any acts constituting fraud (including false infringement notices or false claims), anti-competitive conduct, threatening conduct, theft, conversion, or any other unlawful acts or crimes against Superfan Mall, another Superfan Mall user, or any third party.
b) Pay What You Owe…Including Your Taxes. You understand and agree that you are responsible for paying all fees that you owe to Superfan Mall in a timely manner. Except as set forth below, you are solely responsible for collecting and/or paying all and any applicable taxes for any purchases or sales you make through our Services. A full explanation concerning your bills, taxes, fees, and information on how you can pay them all, can be found in our Fees & Payments Policy.
c) Don’t Take What Isn’t Yours. You agree not to crawl, scrape, or spider any page of the Website. You further agree not to reverse engineer or attempt to obtain the source code of the Website or Services.
d) Let Us Operate In Peace. You agree not to interfere with or try to disrupt our Services, for example by introducing any harmful computer code or distributing a virus, or block or interrupt access to our Website.
e) Trademark Guidelines. The name "Superfan Mall", “LA Comic Con”, the “Octopus Logo” and all other marks, phrases, logos, and designs that we use in connection with our Services or on the Website (collectively, the “Superfan Mall Trademarks”), are trademarks, service marks, or trade dress of Comikaze Entertainment, Inc., in the US and other countries. If you would like to refer to or use any of the Superfan Mall Trademarks, please consult our Intellectual Property Policy for our guidelines.
f) User Suggestions. We are always looking to improve your experience, and are open to hearing any of your suggestions and ideas that could help! Please understand that any
unsolicited ideas, suggestions or other materials that you submit to Superfan Mall (collectively “User Suggestions”) are considered non-confidential and non-proprietary to you. To be clear, User Suggestions doesn’t include items that you sell or content that you post through our Services or on our Website. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
g) Electronic Communications. From time to time, Superfan Mall will provide you with certain legal information in writing. We prefer to send you information electronically (such as by email) instead of mailing you paper copies (faster and more eco-friendly), and by using our Services, you’re agreeing to us providing you with such communications (including all legal terms and legally-required disclosures) electronically. You are also hereby confirming that your acts signifying agreement to electronically delivered terms and disclosures (e.g., clicking a button on the Website next to language informing that you will agree to certain terms by clicking on that aforementioned button) will have the same legal effect as if you had signed a written agreement on paper. You may withdraw your consent to receive electronic communications by submitting a request to us at at any time; however, please understand that such withdrawal will only become effective after Superfan Mall has had a reasonable period of time to process your request, and further understand that if you withdraw your consent, we may cancel your access to the Services.
4. Your Privacy
In providing the Services, both Superfan Mall and all sellers with whom buyers engage will separately process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each separate party is responsible for the personal information it processes as part of providing the Services. For example, should a seller accidentally discloses one buyer’s name and email address in the process of fulfilling a different buyer’s order, it is the seller that is responsible for that unauthorized disclosure, and not Superfan Mall.
In the event, however, that Superfan Mall and sellers are found to be joint data controllers of buyers’ personal information, and if Superfan Mall is sued, fined, or otherwise incurs expenses as a result of something that you did as a joint data controller of a buyer’s personal information, you hereby agree to indemnify Superfan Mall for the expenses that it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or If You Cause Us To Be Sued) below for more information about your indemnification obligations to Superfan Mall.
5. Your Account with Superfan Mall
You’ll need to create an account with Superfan Mall in order to use some of our Services. Here are a few rules about accounts with Superfan Mall:
a) You must be 18 years or older to use our Services; we consider anyone under the age of 18 to be a minor. Minors who are under 18 but who are at least 13 years old are only permitted to use our Services through an account owned by a parent or legal guardian, and then only with the appropriate permission, and under the direct supervision, of that parent or guardian. Children under 13 years of age are not permitted to use Superfan Mall or the Services. If you are an account holder, you are responsible for any and all account activity conducted by a minor on your account. All financial information on the account, such as information concerning credit card accounts or digital payment services, and billing information must belong to the parent or legal guardian responsible for the account. You also understand and acknowledge that there may be commercial products or services available that you may deem not appropriate for any minors on your account, and hereby acknowledge that it will be your obligation to impose any limit on any minor's access to the material online on or accessible through the Website.
b) You must provide accurate information about yourself when registering your account, including a current mailing address. It’s prohibited to use false information or impersonate another person or company through your account.
c) You must have an active e-mail address, a connection to the internet, an internet browser that supports 128 bit encryption (with cookies enabled), and means to both view and print disclosures.
d) If you decide to use a name associated with your account other than your full legal name, you understand and acknowledge that you may not use an account name that contains or comprises any language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates these Terms.
e) You understand and acknowledge that you are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be the person responsible for all activity on the account. If you are registering as a business entity, by registering the account you are personally guaranteeing that you have the authority to agree to the Terms on behalf of the business. Also, you acknowledge that your account, whether personal or business, is not transferable, and any effort to transfer your account will be void and may result in us closing your account.
f) As a reminder, because you are solely responsible for any activity on your account, it is important that you keep your account password secure.
g) Nothing in these Terms is to be interpreted as creating any agency, partnership, joint venture,
employment, or franchisee relationship between you and Superfan Mall.
This detailed Help article should contain the answers to any questions you may have about registering an account with Superfan Mall.
6. Your Superfan Mall Content
a) Content posted to our Website or posted using our Services is “User Content”, and any User Content that you post using our Services shall be referred to herein as “Your Content”. We don’t make any claim to your User Content, which includes any and everything you might post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
b) By posting Your Content through our Services, you hereby grant Superfan Mall a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, sub-licensable right and license to use, reproduce, distribute, display, store, edit, modify, and prepare derivative works of, any of Your Content so posted. The foregoing license allows us to provide the Services and to promote Superfan Mall, your Superfan Mall shop, or the Website and the Services in general, in any formats and through any channels, including through any of our partners, third-party websites or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content in accordance with these Terms. To the extent Your Content contains any personal information, you also recognize and acknowledge our legitimate interest in using it, in accordance with the scope of this license.
The granting of that license to us is necessary for us to allow the Superfan Mall to operate. For example, if you upload a photo or illustration as part of a listing on your Superfan Mall shop, we wouldn’t be able to display it to buyers with the permissions granted in this license. Similarly, if we need to resize or enhance an image to better suit viewing on handheld devices, or translate your description into another language so that a buyer from another country can fully understand the story behind your listing, or create an advertisement to promote your product or shop, we wouldn’t be able to do any of those things without the license you are granting us above.
Just to be clear, we don’t (and won’t) claim any ownership to Your Content, but we need to have your permission to use it to help Superfan Mall function and grow, thereby insuring that we won’t infringe any rights you have in Your Content while also allowing us to help promote it. For example, if you are a seller on Superfan Mall, you acknowledge and agree that Superfan Mall may, from time to time, offer Superfan Mall buyers promotions on or through the Website that relate to your listings and which use your User Content.
c) You understand and agree that you are solely responsible for your User Content. You represent that you have all necessary rights to all of Your Content that you post through our Services, that the posting of Your Content is lawful, and further that Your Content does not
infringe upon or violate any third party’s rights, and that by posting it you are not infringing or violating any third party’s rights. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice, and we may terminate your account if you are found to be a repeat infringer or if we determine you are acting intentionally in infringing the rights of others. We will notify you if any of that happens.
d) We here at Superfan Mall have the utmost respect for intellectual property rights, and we are committed to following all appropriate legal guidelines and procedures to remove infringing User Content from the Services. If any content that you own or have rights to has been posted to the Services without your permission and you want it removed, you simply need to follow the steps listed in our Intellectual Property Policy.
e) We do not want to have any inappropriate, false, or misleading User Content posted on the Website or through the Services, including but not limited to any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy or any part of these Terms. You also agree not to post any User Content that is false and misleading or which utilizes the Services in a manner that is fraudulent or deceptive, or which is reasonably likely to deceive others.
a) You have the right to terminate your account with Superfan Mall at any time, and can do so easily from your account settings. You can find more information about terminating your account in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Also, you are still required to pay any outstanding balance owed to Superfan Mall even if you terminate.
b) We may terminate or suspend your account (and any accounts Superfan Mall determines are related to your account) and/or your access to the Services or Website should we have reason to believe you, any of Your Content, or your use of the Services are in violation of our Terms. If we do so, it’s important to understand that you do not have any contractual or legal right to continue to use our Services, including the right to purchase or sell or items on our Website. Generally, Superfan Mall will notify you in the event that your account has been terminated or suspended; however, you may not receive a notice if you’ve been repeatedly violating these Terms, or if we have legal or regulatory reasons preventing us from notifying you.
c) Please be aware that if your account is terminated by you or by Superfan Mall, it may result in you losing any (or all) of the information associated with your account, including Your Content.
d) Superfan Mall reserves the right to, at any time and for any reason, change, suspend, or discontinue any of our Services for any or all users, including for those reasons those set out in Superfan Mall’s policies under these Terms. You acknowledge and agree that we will not be liable to you for the effect that any changes to the Services may have on you, including changes
to your income or your ability to generate revenue through the Services.
e) These Terms, and your obligations hereunder, will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
a) Items You Purchase. You understand and acknowledge that Superfan Mall does not manufacture, store, or inspect any of the items sold through our Services. We are solely providing the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers. As a result, Superfan Mall cannot and does not make any representations or warranties concerning the quality, safety, or even the legality of the products in the marketplaces. Any legal claim related to an item that you purchase through the marketplaces must be brought directly against the seller of the item. You hereby fully release Superfan Mall from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (such as product liability claims).
b) User Content That You Access. During the course of using our Services, including browsing the Website, you may come across materials that you find offensive or inappropriate. We make no representations concerning any User Content posted through the Services. Superfan Mall is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
c) Users With Whom You Interact. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if agree to meet with someone in person.
e) Promotions. By participating in any special offers or promotions, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
f) WARRANTIES. SUPERFAN MALL IS COMMITTED TO MAKING OUR WEBSITE AND SERVICES THE
BEST THEY CAN BE: BUT UNLIKE SOME FICTIONAL HEROES, WE’RE NOT ALWAYS PERFECT AND THINGS SOMETIMES GO AWRY. YOU UNDERSTAND AND ACKNOWLEDGE THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET ANY OR ALL OF YOUR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
g) LIMITS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SUPERFAN MALL, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL SUPERFAN MALL’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT THAT YOU PAID SUPERFAN MALL DURING THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If Superfan Mall gets sued because of Your Content or something else that you did, you hereby agree to fully defend and indemnify us. In other words, you will defend Superfan Mall (including any and all of our officers, employees and owners) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of these Terms, or you or your account or Your Content’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so that we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another Superfan Mall account holder, another user of Superfan Mall’s Services, or a third party, we encourage you to contact the other party and try to resolve the dispute amicably between you.
Buyers and sellers who are unable to resolve a dispute between them may contact Superfan Mall, and we will try to help you resolve the dispute(s) in good faith and based solely on our interpretation of our policies, in our sole discretion. Although we will consider requests for assistance, Superfan Mall has no obligation to resolve any disputes. Superfan Mall will not make judgments regarding legal issues or claims. You hereby release Superfan Mall from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Superfan Mall
a) Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. For any legal actions which would not be subject to arbitration or mediation, the state and federal courts of California only will have exclusive jurisdiction over the claims regarding these Terms, and you and Superfan Mall agree to submit exclusively to the personal jurisdiction of a state or federal court located in Los Angeles County, California.
b) Arbitration. You and Superfan Mall agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law.
PLEASE NOTE: Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU sellers, if any dispute arises in connection with these Terms, the parties should first try to resolve the dispute through the complaints procedure published here. Additionally, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
Any arbitration or mediation under these Terms will take place on an individual basis. You understand that by agreeing to these Terms, you and Superfan Mall are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief,
pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
c) Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, Superfan Mall will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
d) Forum. We’re based in Los Angeles, California, so any legal action against Superfan Mall related to our Services must be filed and take place in Los Angeles County, California. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Los Angeles, California, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances.
e) Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, these Terms, and any action related to these Terms, will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.
f) Modifications. If we make any changes to this “Disputes with Superfan Mall” section after the date you last accepted these Terms, those changes will not apply to any claims filed in a legal proceeding against Superfan Mall prior to the date the changes became effective. Superfan Mall will notify you of substantive changes to the “Disputes with Superfan Mall” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Superfan Mall a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Superfan Mall in accordance with the provisions of this “Disputes with Superfan Mall” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue
using the Services. Any changes to these Terms will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Superfan Mall regarding the Services. If any part of the Terms is found to be in conflict with any statute, law, ordinance, or regulation, that part will be deemed modified, but only to the extent required in order to comply with such statute, law, ordinance, or regulation, and the remainder of the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and/or obligations under the Terms.
14. Contact Information