Terms of Service

Welcome and thank you for using a service provided by All Sorts Inc.   (“All Sorts ”). These Terms of Use are a legally binding agreement between you and All Sorts and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services (collectively, the “Service”). 

The materials provided by All Sorts at this website, including the comic book covers, icons,  are owned or licensed by All Sorts or the applicable third party.  Some covers contain graphic sexuality.  Viewer discretion is advised.

 

All Sorts shall not be held responsible for any loss of data, including comic lists.

All Sorts shall not be held responsible for any incorrect data shown by the App including plotlines, credits and price evaluations.

Our app and web site are not directed to, or otherwise promoted for use by, children under the age of thirteen (13).

All Sorts offers Facebook and Google as options to login into the Service.  Their services are provided by Facebook Inc and Google Inc respectively and such parties are responsible for use of that service.  The Service may also link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). All Sorts does not endorse and is not responsible for Third Party Services, whether in terms of their comic book related or advertising content, correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and All Sorts disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by All Sorts or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services’ respective terms of use and privacy policies.

 

Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. All Sorts may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific  entity identified by the aspect of the Service used to make the purchase.

 

All payment transactions are administered by a third-party payment processor or third-party store (for example, Apple App Store or Google Play). All Sorts expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. All Sorts is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

 

All purchases are final and no refunds are available, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription.

 

All Sorts grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise).

 

The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by All Sorts or its licensors. All Sorts respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and All Sorts reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by All Sorts in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.

 

Except as expressly provided herein, All Sorts does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that All Sorts has in the Service and Content are retained by All Sorts, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.

 

You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from All Sorts.

 

Virtual Items

The Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited. All Sorts has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion, and All Sorts will have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be immediately lost, deleted from your Account, or otherwise forfeited if your Account is terminated or closed for any reason or when All Sorts discontinues, modifies, or updates an applicable aspect of the Service (for example, discontinuing a game featuring Virtual Items).

 

All purchases of licenses to Virtual Items are final; by indicating your desire to purchase a license to any Virtual Items through the Service, including by clicking or tapping the relevant purchase button, you confirm that you want said items credited to your Account and in so doing you lose any cancellation rights you may have under applicable laws.

 

Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Service, is strictly prohibited. All Sorts may take action it deems appropriate in response, including deletion of the Virtual Items or termination or suspension of any Account involved. You acknowledge and agree that All Sorts will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. All Sorts may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability. If All Sorts revokes your license to Virtual Items, All Sorts will not have any liability to you for any time or money spent by you on Virtual Items, any Virtual Items associated with your Account, or for any other reason whatsoever.

 

User Content

From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant All Sorts a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of All Sorts necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.

 

Please retain copies of all User Content as All Sorts is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. All Sorts only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. All Sorts is under no obligation to monitor User Content or use of the Service. However, All Sorts has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. All Sorts reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.

You represent and warrant the following as to your User Content:

  1. You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.

  2. Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.

  3. Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.

 

All Sorts may exercise the rights to your User Content granted herein without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.

 

In using the Service you also agree not to:

  1. attempt to interfere with the operation of the Service in any way;

  2. copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service (except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable “robots.txt” files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives);

  3. use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;

  4. assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without All Sorts’s prior written consent which may be withheld in All Sorts’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);

  5. use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;

  6. use the Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;

  7. decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service; or intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and All Sorts’s networks or systems.

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, All Sorts DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. All Sorts DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. All Sorts DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. All Sorts MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND All Sorts ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability

All Sorts DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT WILL All Sorts’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO All Sorts IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF All Sorts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Indemnity

You agree to indemnify and hold harmless All Sorts and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

 

Except as otherwise provided herein, these Terms of Use will be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law. Except as provided below, you consent to the exclusive jurisdiction of the state and federal courts located in City and County of San Francisco, California, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. 

 

Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

 

No failure or delay by All Sorts in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

 

If any provision of this Agreement is held unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

 

This Agreement is the entire agreement between the parties relating to the matters contained herein.

 

Attributions:

Portions of comic content data courtesy of the Grand Comics DatabaseTM under a Creative Commons Attribution license.

Various App Icons designed by dmitri13 from Flaticon.

Kid-friendly replacement cover inspired by Sex Criminals from Image comics.

We reserve the right, in our sole discretion, to modify these Terms from time to time. You agree that we may notify you of modified terms or policies by posting them on the Service or website, and agree that your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. You should review the posted Terms each time you use the Service.  Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

© 2020 All Sorts LLC

Questions or comments?  Reach us at: Support@Collectionary.net