1. INTRODUCTION

1.1 These terms of use explain how you may use this website (the “Site”). References in these terms to the Site includes the following Site: Canada Comic Pressing–www.canadacomicpressing.comand all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site, placing an order, or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about the website, please contact us.

1.2 Definitions

a) “Content” means any text, image, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.

b) “We”, “us” or “our” means Canada Comic Pressing (the “CCP”) and its affiliates.

c) “You” or “your” means the person accessing or using the Site or its Content.

d) “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

e) “Services”means the pressing of books provided by CCP to you.

1.3 Privacy Statement: these terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (the “Additional Terms”) relating to specific Content, goods or Services made available on relevant pages of the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.

1.4 Intended Use: ThisSiteis intended for and directed to residents of Canada over the age of 18 years.

1.5 Accessibility: We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us.

2. YOUR ACCOUNT AND MEMBERSHIP

2.1 You may be required to create an account and specify a password in order to use certain services or features on the Sites (the “Account”). To create an Account, you must be at least 18 years old, and you must provide truthful and accurate information about yourself. You are not allowed to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

2.2 You may not share your Account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us.

2.3 The Account may be cancelled at any time, subject to the provisions of this section.

2.4 In order to cancel your Account, you must follow the automated cancellation process by clicking on the ‘cancel’ button, within the ‘Account’ section of our Site. Once you have confirmed your cancellation details, you will receive a confirmation email to let you know that this has been successfully processed. Only if you are unable to cancel via the automated cancellation process, then you may submit your cancellation request by emailing derek@captcancomics.ca.

2.5 We reserve the right to change the features, content or services related to any Account without notice to the user in order to improve the quality of the Services offered to you or to comply with any relevant laws, regulations or to our policies. The fees (the “Fees”) charged for each Service under your Account is priced as advertised on the Site at time of creating your Account, and we, in our sole discretion, reserve the right to amend or change any Fee and price. Any special offer or discount offered may be withdrawn or changed without notice.

2.6 The Account is to be used by a sole individual per login credentials and is non-transferable. Account benefits including logins, access to content and services are linked to a specific user and cannot be shared with other non-users. We shall monitor the number of devices used to access an Account and breach of these terms may result in revoking your access to the Site. In the event of access being revoked due to breach of this clause, no refund shall be provided for any Fees you may have already paid.

3. PRICING

3.1 All prices quoted on the Site are in Canadian dollars unless otherwise specified.

3.2 All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

3.3 You agree to pay any additional duties and taxes that your country or state/province may wish to impose on your Order based on the imputed or actual value of the Services. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the Order confirmation and are charges imposed by the relevant customs or quarantine government department of your country and not CCP.

3.4 You agree to pay any relevant delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

4. ORDERS

4.1 You may place an Order by following the instructions on the Site. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.

4.2 Orders will be deemed to have been received by CCP at the time CCP sends an Order confirmation to your nominated e-mail address.

4.3 CCP will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

4.4 Each Order (once confirmed) represents a separate agreement between CCP and you.

4.5 CCP reserves the right to not accept or to cancel Orders at its sole discretion.

4.6 CCP, at its sole discretion, may cancel your Order at any time prior to the receipt by CCP of your book for the provision of the Services.

4.7 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

4.8 CCP accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

4.9 You shall complete all submission information on the “Start a Pressing Submission” Form (the “Form”), and package and ship your books, in accordance with the instructions on the Form.

5. OBLIGATIONS BY CLIENT

5.1 CCP accepts no liability, including, without limitation, with respect to the Insurance, for any prior damage to your books. It is your responsibility to inspect your books carefully before submitting them to our care. You should ensure that there are no pages missing, clipped coupons, significant tears or colour touch. If your books have any prior damage, you may still submit them for pressing, as long as you disclose such issue to CCP. In addition to your inspection, please be advised that CCP will also conduct its own inspection once CPP receives your books. While we will endeavour to let you know we received your books with these conditions, we are not under an obligation to provide this additional service.

5.2 It is your responsibility to package your books with appropriate material in order to avoid damage while handled by the shipping company.

5.3 You represent and warrant to CCP that the “Fair Market Value” set forth on the Form represents your good faith believe as to the market value of the book. If CCP determines that the book is undervalued or overvalued, it will adjust the Services and Fees according to its determination of the fair market value of the book.

5.4 You represent and warrant that you have no knowledge and no reasonable basis for belief that any collectible submitted is not genuine or contains any non-disclosed alterations or restorations, including, but not limited to, trimming, re-coloring, bleaching, power erasing, re-backing, artificially toning, applying or removing punches or stamps, or any other method used to change or enhance the appearance, condition, or content of a collectible (collectively “Tampering” or “Tampered”). You acknowledge that Tampering is wrongful, and violations of this Section 5.4 shall entitle CCP to compensatory damages and injunctive relief, as appropriate.

5.5 In the case of submissions by dealer members, if any books are being submitted for a third party, you represent and warrants that the third party has authorized you to submit the books for the Services.

5.6 You assumeall risk of loss or damage to books until books are received and inspected by us. TheCPP’s provision of Services commences upon receipt of a submission of books from you.

5.7 After the inspection and commencement of the provision of the Services by CCP, the Services provided by CCP, and the shipping of the books on its return to you are covered by the CCP Insurance, as described in Section 7 below.

5.8 You agree to notify us of any changes in your contact information. If the property you submitted remains unclaimed for a period of one (1) year from receipt by CCP, CCP may dispose of such property in any manner without liability. CCP may also charge you for reasonable costs and expenses incurred in storing and insuring unclaimed property, at our discretion.

6. PAYMENT

6.1 You may provide your nominated credit card during the purchase process described on the Site for payment of the Fees.

6.2 Payment on the Site may be made via a valid Credit Card through Stripe.

6.3 Payment for Orders will be processed immediately upon confirmation of your Order.

6.4 If your nominated payment method triggers CCP internal suspicious transaction protocols, CCP may contact you to confirm additional details, or rescind the transaction.

7. HANDLING AND RETURN SHIPPING INSURANCE

7.1 CCP agrees to provide CCP’s Return Shipping Insurance (the “Insurance”) for any package lost or stolen during CCP’s return of the books to you, up to (i) the amount declared by you as the fair market value on the Form, and that was confirmed by CCP as the fair market value of the books; or (ii) CAD $10,000 per book submitted by you; whichever is lower.

7.2 In any circumstance, the maximum Insurance coverage available is CAD $10,000 per book submitted by you, irrespective of the amount you declared as the fair market value of the book.

7.3 The Insurance coverage will only start after payment of the Fees for the Services requested, the receipt of the books by CCP, and subject to the commencement of the Services, as described in Section 5.7.

7.4 CCP’sInsurance’s coverage is only available to books that CCP considers to have been properly packaged upon their submission by you, at CCP’s sole discretion.

7.5 The fee for CCP Handling and Return Shipping Insurance is 3% of the fair market value declared by you in the Form, subject to Section 5.3 to be paid simultaneously with the Fees.

7.6 You do not have to pay for insurance if the fair market value of your book is CAD $100 or less, as Canada Post automatically insures shipping for up to CAD $100.

8. TIMING OF DELIVERY OF THE SERVICES

8.1 CCP will use its commercially reasonable endeavours to ensure that all Services are delivered in a prompt and timely manner. However, from time to time, it is possible that an email delivery error and other factors beyond the control of CCP may result in delays. CCP is not liable for any loss or damage, whether direct, indirect, or consequential, suffered by any one as a result of any such delays.

9. RESTRICTIONS ON USE

9.1 ThisSiteis for your personal and non-commercial use only. As a condition of your use of the Site, you agree:

a) ThisSiteis for your personal and non-commercial use only. As a condition of your use of the Site, you agree:

b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use this Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep link, create derivative works from or exploit in any way this Site or its Contents except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;

d) not to use this Site to distribute viruses or malware or other similar harmful software codes;

e) not to represent or suggest that we endorse any other business, product, or service unless we have separately agreed to do so in writing; and

f) that you are solely responsible for all costs and expenses you may incur in relation to your use of this Site and shall be solely responsible for keeping your password and other account details confidential.

9.2 We reserve the right to prevent or suspend your access to this Site if you do not comply with any part of these terms and conditions or any applicable law.

10. REFUNDS AND CANCELATIONS

10.1 You acknowledge and agree that CCP will not accept a return and will not refund your Order based on a change of mind.

10.2 If you wish to cancel your Services, you agree and acknowledge that you may do so only before the receipt by CCP of your books for the provision of the Services, by emailing CCP a at derek@captcancomics.ca and requesting such cancellation, subject to the provisions of this section.

10.3 After CCPreceives the book for the provision of the Services, in no event shall CCP refund any amounts paid by you.

11. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS

11.1 ThisSite and all intellectual property rights in this Site (including without limitation any Content) are owned by us and/or our licensors. All Content, information, and materials appearing on or emanating from the provision of the services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), are protected by copyright, and owned or controlled by us or the party credited as the provider of the Content. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

11.2 Nothing in these terms and conditions grants you any rights in the Sites other than as necessary to enable you to access this Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on this Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

11.3 The Services and Content are protected by copyright pursuant to Canada,U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

11.4 You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.

11.5 You will not sell, redistribute, retransmit, reproduce, display, or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.

11.6 Trademarks: The use or misuse of any trademarks or any other Content on this Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.

12. SOFTWARE

12.1 Where any software is made available for downloading from the Site, this is our copyrighted work and/or that of our licensors. You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies the software and, subject thereto, in accordance with these terms. All such software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of software not in accordance with the end user license agreement and/or these terms is expressly prohibited and may result in severe civil and criminal penalties.

12.2 Our software is warranted only to the extent expressly required by law or according to the terms of the end user license agreement. We hereby disclaim all other warranties, conditions, and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end user license agreement. Or in all other cases the amount you paid us for the relevant software.

12.3 The provision of the service may include features that operate in conjunction with certain third-party software, and website such as Paypal, Stripe,GoDaddy,Amazon Hosting Services, or social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

13. SUBMITTING INFORMATION TO THE SITE

13.1 The Siteis not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions“). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

13.2 Where our Site enables you to communicate with us and/or other users of the Sites, you may not use this Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory, or otherwise illegal) communications or material which might otherwise bring us or these Site into disrepute. Although we reserve the right to monitor, edit, review, or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on this Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on this Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable, and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

13.3 You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement. We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

13.4 You shall not upload to,or distribute, or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

13.5 The Services shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

14. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

14.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete, and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.

14.2 While we make commercially reasonable efforts to ensure that this Site are available, we do not represent, warrant, or guarantee in any way this Site’ continued availability at all times or uninterrupted use by you of this Site.

15. HYPERLINKS AND THIRD-PARTY SITES

15.1 The Site may contain hyperlinks or references to third party websites other than this Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

16. WARRANTIES AND LIMITATION OF LIABILITY

16.1 You agree that your use of this Siteis on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of this Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.

16.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of this Site for any reason, and any representation or statement made on this Site.

16.3 We will not be liable for any injury, loss, loss of profit, or damage we cause which we could not reasonably anticipate when you started using this Site, for example if you lose revenue, salary, profits, or reputation as a result of your use of this Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage (including punitive and exemplary damages) you may incur in relation to this Site and its Content.

16.4 UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE (INCLUDING THE DOWNLOADING OR USE OF ANY CONTENT) EXCEED TO THE EXTENT PERMITTED BY LAW THE AMOUNTS PAID BY YOU TO US IN RELATION TO YOUR USE OF THE SITE OR ITS CONTENT.

16.5 Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

16.6 Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

16.7 USERS OF THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief, or other equitable remedy.

17. GENERAL

17.1 These terms are dated April12, 2022. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

17.2 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address.

17.3 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, or accident.

17.4 If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

17.5 These terms and conditions (together with the Privacy Statement and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement, or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

17.6 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.

17.7 These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario, Canada.