Terms of Use

Use of Services

This website is owned and operated by Medcomic, LLC ("Medcomic," the “Company”, "we", "us" and/or "our"). These Terms of Use ("Terms”, also referred to as “Terms of Service”) govern the access, browsing, and use by the users ("User" or "Users", as applicable) of https://www.medcomic.com/, including any of its subdomains or sections ("Website" or “Site”).

By visiting the Website and accessing, browsing, downloading, subscribing to, or using the products and/or services (each a “Service" or “File” and collectively, the "Services" or “Files”), you (the “User”) acknowledge that you have read, have understood, and expressly agree to be bound by this Agreement, its Terms, and to comply with all applicable laws and regulations. Medcomic provides various materials, images, artwork, comics, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (each also a “Service" or “File” and collectively also, the "Services" or “Files”).

If you do not agree to these terms, or have any objection to any part of the present Terms, do not use the Services.

Updates

You acknowledge that the Website and the Services may change over time. As a result, Medcomic may change or update the functionality of the Website and/or Services at any time with or without notifying you. Medcomic may also discontinue the Website and/or Services at any time without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website. Medcomic may modify this Agreement at any time. Your use of the Services after any such modification constitutes your acceptance of the modified Agreement. The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. Medcomic Services are prohibited in territories where their contents are illegal. You acknowledge that you are responsible for compliance with all applicable local laws.

Account Registration

Certain features of the Website require User registration. If you choose to register, you agree to provide and maintain information about yourself that is true, accurate, current, via the Website’s registration form. If you are under 18 years of age, you are not authorized to register to use the Website or its Services. You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services. If you do not act in accordance with these terms, Medcomic has the right to terminate your account and refuse any further use of the Website and Services to you.

Necessary Equipment and Software

You acknowledge that you are responsible for any fees you incur when you access the Website and Services, including but not limited to, a computer or mobile device, internet connection, and all other equipment and software necessary to connect to the Services.

Proprietary Information and Trademark

The content and information in the Website and Services is proprietary to Medcomic. You agree that you have no right or title in or to any Services or Files that appear in the Website. “Medcomic” is a registered trademark of Medcomic. Medcomic’s trademarks, trade names, service marks and logos, whether or not registered (the “Marks”), shall be the sole and exclusive property of Medcomic. You may not use our trademark, logos, or service marks in any way without our prior written permission. Our trademark, together with any other trademarks that are located within the Services shall not be deemed to be in the public domain, unless the mark is under license from the trademark owner. Customer may not use, copy or distribute Medcomic’s Marks without Medcomic’s prior written consent in each instance, which may be withheld in Medcomic’s sole and absolute discretion. Customer shall immediately cease any use of Medcomic’s Marks upon termination of this Agreement or written notification from Medcomic. Any consent granted by Medcomic for use of its Marks is temporary, may be withdrawn at any time upon written notice to Customer, and shall, unless otherwise specifically agreed in writing, be construed to apply only to use Medcomic’s Marks in conjunction with the provisions of this Agreement. For the purpose of promoting products and services in conjunction with this Agreement, Customer agrees to allow Medcomic to use its name in any materials and publications, both physical and electronic. Both Parties agree not to claim any right, title or interest in the other’s trademarks, trade names, service marks and logos or to challenge the rights therein. All use of Medcomic’s Marks and the goodwill generated thereby shall inure to the benefit of Medcomic.

Basic Limitations

If you would like to utilize the Files in a presentation program (e.g. PowerPoint, Keynote) in a classroom or educational setting, you must purchase a separate License from Medcomic.

The User agrees not to sell or re-sell any of the Files; they are made available for educational purposes and not for the creation of other commercial products. You cannot sell, license, or redistribute our Files or Services, nor can you build your own website or app with our Files. You agree that you will not, under any circumstances engage in any commercial activities using the Website or the Services, including: reproducing, duplicating, copying, selling, or exploiting for any commercial purpose any portion of the Website or Services. You cannot use the Files in email or otherwise make them available through any form of unsolicited or unauthorized advertising; you cannot use the Files to market any products or services for any commercial purposes.

If you choose to cancel your subscription, you agree that you will not utilize downloaded Files in any presentation or project. You agree that the Files may not be shared after cancelling a subscription.. You acknowledge that the license to utilize Medcomic+ Files requires an active subscription to the Service.

Code of Conduct

You agree that you will NOT, under any circumstances: Interfere or attempt to interfere with the proper functioning of the Website or Services; Create a trademark or logo based on our Files; Engage in spamming or flooding; Rent, lease, loan, sell, resell, sublicense, distribute, share, or otherwise transfer the licenses for any Files or Services, except as expressly authorized by Medcomic; Upload or share paid content to social media; claim authorship of Medcomic Files; Publish Medcomic Files in a blog, article, journal, magazine, brochure, or other similar print or digital media unless expressly authorized by Medcomic in writing (this use is commercial and is NOT covered by a “Medcomic+” license); Print Medcomic Files as to reproduce the contents of published Medcomic books which are protected by copyright; Use the Site for any commercial use or purpose unless expressly authorized by Medcomic in writing; Manipulate identifiers or crop content of Files in order to disguise the origin of any content of the Website or Services; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our Company; Express or imply that any statements you make are endorsed by us, without prior written consent by Medcomic in writing; Engage in any illegal, vulgar, hateful, abusive, or harassing activity with any of our Users; Harvest or collect information about Site users; Solicit or attempt to solicit personal information from other Users of the Services; Submit any content or information that is unlawful, fraudulent, or which may expose Medcomic or its users to any harm or liability of any type; Submit, or provide links to, any postings containing material that could be considered pornographic, sexually explicit, indecent, violent, including the image or likeness of individuals under 18 years of age, postings depicting or encouraging drug use, postings containing any personal information identifying any third party; Register for more than one account or register for an account on behalf of an individual other than yourself; Use the Site for any unlawful purpose; or Assist or encourage any third party in doing any of the foregoing activities in this Code of Conduct section.

User Content and Feedback

By submitting your content to any area on the Website or the Services, you hereby expressly permit Medcomic to identify you by your username (which may be a pseudonym) as the contributor of your content in any publication in any form, media or technology now known or later developed in connection with your content.

You agree that submission of any ideas, suggestions, documents, notes, artwork, comments, proposals, and/or other materials ("Feedback" and/or “User Content”) to Medcomic through any area of the Website or Services is at your own risk and that Medcomic has no obligations (including without limitation, obligations of confidentiality) with respect to such User Content and Feedback.

By submitting User Content, you certify that you are at least 18 years of age. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent and warrant to Medcomic that you own, or have the necessary rights to submit the User Content and/or Feedback. You hereby grant to Medcomic a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback and User Content, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the Services.

If Medcomic is notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint. If you terminate your subscription or your account is cancelled, we will remove all of your User Content within 90 days of such cancellation or termination.

Medcomic has the right to monitor the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly or to comply with legal obligations or governmental requests. Medcomic is not obligated to use any User Content or to attribute any User Content to the User. You acknowledge that User Content may be inaccurate, offensive, threatening, harassing, or otherwise violate our Terms of Use. Medcomic does not endorse and is not responsible for this User Content. Medcomic will not be liable for any loss or harm caused by the User Content or the User’s reliance on information obtained through the User Content.

You will indemnify and defend Medcomic for any claims made by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from User Content and protect Medcomic from any reasonable legal fees and costs related thereof.

Medcomic+ Refund Policy

All sales are final. This is a digital product representing digital editions of print materials, also available for sale in Book format.

Disclaimer of Warranties

INFORMATION IN THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY MEDCOMIC ON AN “AS IS” BASIS ONLY. MEDCOMIC PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. THE INFORMATION PROVIDED IN THE SERVICES SHOULD BE USED SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR EXAMINATION BY A PROFESSIONAL OR THE ADVICE OF ANY TYPE OF PROFESSIONAL, INCLUDING MEDICAL OR LEGAL PROFESSIONALS. MEDCOMIC DOES NOT PROVIDE ANY PROFESSIONAL FINANCIAL, LEGAL, MEDICAL, OR PSYCHOLOGICAL SERVICES OR ADVICE. NONE OF THE CONTENT OF THE SERVICES CURES OR TREATS ANY MENTAL OR MEDICAL CONDITION. YOU ARE RESPONSIBLE FOR YOUR OWN PHYSICAL, MENTAL, AND EMOTIONAL WELL-BEING, DECISIONS, CHOICES, ACTIONS, AND RESULTS. MEDCOMIC WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT MEDCOMIC PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SERVICES MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, INTERNET AND MOBILE NETWORK ERRORS, AND THE LIKE. YOU AGREE AND UNDERSTAND THAT MEDCOMIC SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR SUCH SUSPENSIONS OF ACCESS TO THE SERVICES.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MEDCOMIC, OR OUR SUPPLIERS, ADVERTISERS AND SPONSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MEDCOMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR ANY MALICIOUS SOFTWARE, ILLEGAL PROGRAMS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM ANY MATTER RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. THE AGGREGATE LIABILITY TO MEDCOMIC ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. IF YOUR USE OF OUR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Governing Law and Dispute Resolution

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Florida (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Orlando, Florida and the parties irrevocably waive any objection to such venue.

Entire Agreement

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

This Terms of Use was last updated on July 27, 2021

Contact Information

Medcomic is a remote-based company.

Questions or comments may be emailed to:

Medcomic, LLC

hey@medcomic.com