Terms of service
GOLDEN APPLE COMICS
goldenapplecomics.com
Golden Apple Industries, Inc., a California corporation
(“Golden Apple” or “we” or “us” or “ours”)
WEBSITE TERMS AND CONDITIONS OF USE
Golden Apple provides its users (“you” or “your” or “yours” with this website (“Site” or “website”) and access thereto subject to the following terms and conditions of use. See also Golden Apple’s separately linked online privacy policy, incorporated herein.
By using the website in any way, you are agreeing to comply with the terms of use, as they may be updated and amended from time to time. In addition, when using particular parts of the website such as shopping, forums, watching videos, blogs or the like, you agree to abide by any applicable posted guidelines for those services. Should you object to any term or condition of the terms of use, any guidelines, or any subsequent modifications or become dissatisfied with the website any way, your only recourse is to discontinue use of this website. Golden Apple may modify this terms of use, guidelines and the privacy policy at any time without personal notice, effective upon its posting to the website. Your continued use of the website constitutes your acceptance to the updated terms of use, guidelines and the privacy policy. Golden Apple has the right, but is not obligated, to strictly enforce the terms of use through self-help, community moderation, active investigation, litigation and prosecution.
Trademarks
Golden Apple trademarks displayed on this website are trademarks or registered trademarks of Golden Apple in the United States and internationally, and are the sole and exclusive property of Golden Apple. Any commercial use by you of Golden Apple’s trademarks is prohibited.
Content and Ownership
The website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the website including but not limited to videos, blogs, forums, product descriptions, data sheets, FAQs is owned exclusively by Golden Apple and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Except for the limited license and site access granted to you as set forth below, any reproduction, modification, display or creation of derivative works from or redistribution of the website, any content on the website or the collective work, and/or copying is prohibited, including but not limited to reproduction to any other server or location for further reproduction or redistribution. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the website.
Limited License and Site Access
You are granted a limited, non-sublicensable right to access this website. Golden Apple also grants you limited, non-sublicensable permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original, and (iii) displays a statement that the materials are used solely with permission of Golden Apple. The foregoing license grant does NOT include the right for you to: (1) publish, publicly perform or display, or distribute to any third party any content, including reproduction on any computer network or broadcast or publications media; (2) market, sell or make commercial use of this website or any content; (3) collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (4) make derivative uses of this website or any content; or (5) use, frame or utilize framing techniques to enclose any portion of this website (including the images or content found at this website or any text or the layout/design of any page or form contained on a page). In addition, as a condition of your use of this website, you represent and warrant to Golden Apple that you will not use this website for any purpose that is unlawful, immoral or prohibited by these terms of use. Any unauthorized use terminates the permission or license granted by Golden Apple and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to this website so long as the link does not portray Golden Apple, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
Posting of Third Party Content
Although Golden Apple does not claim ownership of third party content on the website such as third party messages, text, files, images, photos, video, sounds, or other materials (“User Content”) that users post, by posting User Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Golden Apple an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing, subject only to applicable standards in the privacy policy. Furthermore, by posting User Content to any public area of the website, you automatically grant Golden Apple all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the website by any party for any purpose, subject only to applicable standards in the privacy policy.
You understand that all User Content posted on, transmitted through, or linked from the website, is the sole responsibility of the person from whom such User Content originated. You understand that Golden Apple does not control, and is not responsible for User Content made available through the website and that by using the website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Golden Apple expressly disclaims any liability for such third party statements and User Content. Furthermore, the website and User Content available through the website may contain links to other websites, which are completely independent of Golden Apple. Golden Apple makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will Golden Apple be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the website. You acknowledge that Golden Apple does not pre-screen or approve User Content, but that Golden Apple shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content for any reason. Your interactions with organizations, events and/or individuals found on or through the website are solely between you and such organizations and/or individuals. Golden Apple expressly disclaims any liability for such organizations, events or individuals.
Establishing an Account
You may only establish an account if you are 13 years of age or over (or of relevant age in relevant jurisdictions) and can form legally binding contracts under applicable law. In order to purchase products/services from the website and in order to access/use some features on the website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
User Conduct
You agree not to transmit to Golden Apple any information or post, email, or otherwise make available User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Golden Apple employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Golden Apple users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the website, or that otherwise negatively affects other users' ability to use the website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Golden Apple computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website.
Golden Apple may remove any User Content at any time for any reason and Golden Apple may terminate your access to the website at any time for violation of these terms of use or for any other reason.
Disclaimer of Warranties
You agree that use of Golden Apple website is entirely at your own risk. The website is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Golden Apple disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the website. To the fullest extent permitted by law, the website disclaims any warranties for other services or goods received through or advertised on the website, or accessed through any links on the website. To the fullest extent permitted by law, Golden Apple disclaims any warranties for viruses or other harmful components in connection with the website. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability and Indemnity of Golden Apple
Under no circumstances shall Golden Apple be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Golden Apple has been advised of the possibility of such damages), resulting from any aspect of your use of the website, whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration, or termination of Golden Apple website. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or any links on the website. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Golden Apple, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of User Content you submit, post or make available through the website, your third party event, website or organization, your use of the website, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Confidentiality
Certain areas on this website may contain Golden Apple confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Golden Apple confidential information, may be a violation of Golden Apple's rights and are strictly prohibited. By accessing Golden Apple confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
Compliance with Applicable Laws; Export Control Laws
This website is operated, in whole or in part, from the United States. User access to this website is governed by all applicable federal, state and local laws. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Golden Apple products and publications are commercial in nature. Golden Apple does not make any representations regarding the legality of access to or use of this website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.
Governing Law; Entire Agreement; Arbitration
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY CLAIM OR DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES. Other than this agreement and agreements between you and Golden Apple relating to the sale of products or services to you through this Site, Golden Apple will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. You agree that any disputes between us, which cannot first be resolved informally, shall be submitted to final and binding arbitration in Los Angeles, California in accordance with the rules and procedures of the American Arbitration Association.
Order Acceptance; Shipping; Risk of Loss
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation or an offer to sell. Golden Apple reserves the right, without prior notification to you and whether or not a purchase limit was indicated in the product description, and even subsequent to your order or purchase, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law, so long as an appropriate refund is issued to you. Golden Apple reserves the right to modify or cancel any order for any reason not prohibited by law, so long as an appropriate refund is issued to you. All items purchased for shipment are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Dates of shipment and shipment timing are always subject to change.
Accuracy, Product Descriptions, Grading and Pricing
Golden Apple strives to be as accurate as possible with its product descriptions, grading and pricing information listed on the website. However, Golden Apple does not warrant that product descriptions, grading, pricing information, or other content on the website is accurate, complete, reliable, current, or error-free. Grading and pricing is subjective, and your interpretation may not be the same as ours. While we will use our best efforts to fulfill all orders, Golden Apple cannot guarantee the availability of any particular product displayed on the website. Golden Apple reserves the right to discontinue the sale of any product listed on the website at any time without notice. If upon receipt of a product offered by Golden Apple you find that it is not as described on the website, your sole remedy is to request to return it in the same condition as received by you. Product prices offered on the website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which may be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Golden Apple is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Feedback
Any questions, comments, suggestions, or other information submitted to Golden Apple through this website shall be deemed non-confidential and Golden Apple shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation. Golden Apple specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this website. Please note that if you do send us any such information or material, the information will be non-confidential and Golden Apple may fully exploit the information without any obligation or liabilities to you.
Changes
This Website Terms And Conditions Of Use replaces all previous version we may posted or provided to you. We reserve the right to change these terms, as permitted by law. If there are material changes to this Website Terms And Conditions Of Use in the future, they will be posted on the website as an updated version. This Website Terms And Conditions Of Use was last updated October 1, 2019. The separately linked “privacy policy” is incorporated herein.
Contact us
If you have any questions about these Website Terms And Conditions Of Use, please contact us in writing at Golden Apple Comics, 7018 Melrose Avenue, Los Angeles, California, 90038 or by email to gappleorders@gmail.com.