TERMS OF SERVICE: COMICSMITH L.L.C.

ComicSmith L.L.C., and any of its affiliates (collectively “ComicSmith,” “we,” or “us”) operates an online website, located at [ ] or at any affiliated web location, and/or web or mobile application (collectively, the “Website”), used to promote and provide information about the various services offered by ComicSmith, contact and promotional information about our product offerings, and similar such offerings and services as further described in Section 3 (the “Services”).

You (a “User,” “Users,” “you” or “your”) may obtain information from our Website in connection with our Services as further described herein. All Users of our Website are subject to the following terms and conditions, privacy policy (collectively, the “Terms”):

1. Acceptance

Please read these terms carefully. They constitute a binding legal agreement between you and us, and may carry important legal rights and implications. If you disagree with these Terms, you may not use our Website or Services as facilitated by our Website. Your continued use of our Website or these Services, as evidenced by connecting to or logging into our Website, or by accessing or using our Website in any way, or by any use of our Services not through our Website, serves as our acknowledgement that you have read and understood the Terms contained in this document, and elsewhere on our Website. From time to time, you may be notified of changes to these Terms, either via e-mail or via a prompt on our Website. In such cases, your acquiescence to these Terms may be evidenced by clicking “Yes” or “Accept,” or your continued use of our Website or any of our Services.You may not use our Website, Services, or Terms if you

1. below the age of 18
2. not of the legal age to form a binding contract in your jurisdiction with us
3. for any other reason unable to enter into a binding contract with us.

At our sole discretion, we may disable your ability to use our Website and Services if we believe you are or have become unable to consent to these Terms.

2. Changes to Our Terms.

From time to time, we may change our Terms. These Terms were last modified on April 4, 2026. Changes to our Terms may occur without notice to you. You may always find an updated version of the Terms at this web location. If you do not agree with any alterations in our Terms, you must discontinue your usage of our Site and our Services. You may also request that your user account, if any, be deleted or permanently disabled, and that we remove any information we may be holding specific to your usage of our Website or Services. Information regarding how to disable your user account and to contact us is contained elsewhere in this document. However, if we make material changes to these Terms (including changes that materially affect your rights, the fees you are charged, or how we use your data) we will provide you with reasonable prior notice, either via e-mail or a prominent notice on the Website, and, where required by applicable law, obtain your renewed consent before such changes take effect.

3. Description of Our Services.

ComicSmith provides an AI-powered application that enables users to upload images of comic books for identification, defect detection, and estimated value (the “Services”). The Services may include AI-assisted image analysis and comic identification; AI-assisted defect detection and condition estimation; and estimated pricing based on recent third-party marketplace transaction data or other data sources. The Services are provided for informational and/or entertainment purposes only and do not constitute professional grading, appraisal, or valuation services.

Users are required to capture live images through the application’s camera functionality. Uploading images from a device’s photo library is not permitted for listing purposes. The Services may automatically collect and associate certain metadata with the image, including device identifiers, timestamp, GPS coordinates, and a cryptographic image hash (collectively, “Capture Metadata”). This Capture Metadata is used for trust, authenticity verification, fraud prevention, and dispute resolution.

Certain features of the Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. We will endeavor to provide notice of suspension where feasible, but are not required to do so.

You may close your account at any time by contacting us at [ ]. Upon closure, we will process your request consistent with our Privacy Policy. Some information may be retained as described therein.

4. Fees, Payment, and Other Billing Information.

In connection with our Services or our Website, we may charge our Users fees, and obtain personal contact information about the User, both in connection with billing, and in the provisioning of our Services. We may remove, alter, increase, decrease, or otherwise change the amount and manner of these fees at anytime and, so long as such a change does not require you to pay a different amount for Services you have already purchased or obtained, you may not be notified of any of these changes. We will provide reasonable advance notice of any fee increases that affect your current usage, via e-mail or a prominent notice on the Website. Changes to fees for new purchases may occur without prior notice.

The Services operate on a token or credit-based system (“Credits”) for which fees are charged. Credits may be used to access certain features of the Services, including but not limited to evaluations, listings, and other functionality as determined by ComicSmith. Credits may be purchased by Users in advance. Unless otherwise stated at the time of purchase, Credits do not expire while your account remains active and in good standing. Credits are non-transferable and have no cash value. All purchases of Credits are final and non-refundable, except as required by applicable law. ComicSmith is not a bank or financial institution, does not maintain Credits as stored value, prepaid access, or a custodial account, and Credits do not constitute property, a deposit, or a financial instrument.

If your account is terminated for violation of these Terms or as further described herein, any unused Credits may be forfeited at our discretion. If you voluntarily close your account, unused Credits will not be refunded.

If ComicSmith discontinues the Services entirely, we will provide reasonable notice and may, at our discretion, offer a prorated refund, credit conversion, or other equitable remedy for unused Credits.

ComicSmith reserves the right to modify pricing, Credit structures, or usage requirements at any time with reasonable notice for material changes.

In connection with collecting these fees, we may securely transmit your payment information to one of our payment processors. More details about this process is available in the Privacy Policy section of these Terms.

Even if not expressly prohibited via any of these Terms, you may not attempt, or to succeed in, any circumvention, manipulation, or otherwise alteration of our billing system to change what you may, from the obvious context of your usage of our Services and fee schedule, be required to pay.

Except as required by applicable law, all fees paid are non-refundable. We do not provide pro-rated refunds.

5. Prohibited Uses.

The following uses of our Website and Services are prohibited

1. the use of automated spiders, crawlers, or scrapers, except in connection for inclusion with publicly available web search engine results online (downloading, crawling, or programmatically accessing our Services or Website in any way with the intent to reproduce our information on a competing service, price aggregator, or any similar website, is prohibited)
2. using our Services or Website with the intent of modifying, verifying, or compiling records of any kind, or the assessment of taxes by any taxation authority, its employees, or agent
3. using our Services or Website with the intent of harassing us, our users, or any third party; to commit any kind of fraud; to intend to cause any harm to us, our users, or any third party; or to instigate or participate in a denial of service attack or similar malicious attack directed at us, our users, or any third party
4. using our Services or Website with the intent of infringing on the intellectual property rights of any other party
5. using our Services or Website with the intent of violating any provision of law, rule, or regulation
6. using the Services to train competing machine learning models
7. extracting, scraping, or reverse engineering pricing or model outputs at scale
8. attempting to infer or reconstruct underlying training datasets or models.

6. User Submitted Content.

At various times, you may submit content to our Website or Services, including, but not limited to, photographs of comic books, descriptions of comic books, ancillary or meta data related to user submitted items (collectively, the “User Submitted Content”). Such content may contain text, images, hyperlinks, content subject to intellectual property protection such as trademarked information, and other information and media. You represent that any comic book images you submit do not infringe the intellectual property rights of the relevant publisher or rights holder, or that your submission constitutes fair use or is otherwise permitted. You acknowledge that comic book art is typically subject to copyright held by publishers or creators, and you assume sole responsibility for ensuring your submission and our use of it does not infringe any such rights. If a rights holder believes that content you submitted infringes their copyright, we may remove such content pursuant to Section 11 of these Terms.

We may display or share User Submitted Content with other users or publicly where such display is a feature of the Services or otherwise consistent with our Privacy Policy.

You should not submit or share secret material to us with the expectation that this material will remain secret.

You grant us a perpetual, unlimited, irrevocable license to use, reproduce, modify, distribute, or display materials you submit on our website in connection with our Services, or in any other manner at any other time, including for promotional or other commercial purposes not connected with our Services, or to other Users. For clarity and transparency: this license includes the right to use images and descriptions you submit in marketing materials, social media posts, case studies, and other promotional content produced by ComicSmith, even after you stop using the Services. If you do not wish your submitted content to be used for promotional purposes unrelated to the Services, you may opt out by contacting us at [ ]. Opting out of promotional use does not affect our right to use your content to provide, improve, and operate the Services, or for AI training as described in Section 7.

We may use User Submitted Content in connection with providing, improving, and promoting the Services, including for commercial purposes reasonably related to the Services. We may remove or modify material you submit at any time, without your consent or prior notification.

We and our Website and Services are not a repository for User Submitted Content. We may lose, eliminate access to data you submit, or disable your ability to access this data, at any time, at our sole discretion, without prior notice or your consent. Our display or hosting of data you submit does not create any implied right of any kind. We disclaim all responsibility, and assume no liability for any material posted by any third party, including you, or that may result from a loss, modification, or revocation of access to you, any other User, or a third party, to such data.

We may not monitor the material submitted by you, any User, or any third parties for accuracy or for compliance with these Terms or any other relevant terms or laws. We make no express or implied representations regarding the accuracy of such User Submitted Content or other content.

We are not responsible for future misuse or misappropriation of any content posted on our website by third parties, even if this use is not in compliance with these Terms. You represent that User Submitted Content is not sourced in violation of any third-party terms of service, including marketplace or database providers.

You may not submit content you know or believe to be spam, pornographic, illegal, malicious, intentionally defamatory, intending to harm our Services or Website, harm another user, or harm any third party.

You may submit other content to us, such as but not limited to feedback, ideas, reviews, and comments. These submissions in any form are similarly covered by all terms of this subsection.

7. User Submitted Content and AI Training.

Without limiting the rights granted in Section 6, and for the avoidance of doubt, the following terms apply to our use of User Submitted Content in connection with AI Systems as defined herein. We may use User Submitted Content in connection with the operation, improvement, and development of our Services, including through automated systems, machine learning models, and artificial intelligence systems (collectively, “AI Systems”). By submitting User Submitted Content, you acknowledge and agree that we may use, process, analyze, and incorporate User Submitted Content to train, fine-tune, evaluate, and improve our AI Systems, including for purposes of improving identification accuracy, defect detection, and valuation estimates; and our AI Systems may generate outputs, insights, embeddings, metadata, or other derivative data based on User Submitted Content (“Derived Data”).

You agree that Derived Data does not constitute your property or confidential information; that we may use Derived Data for any lawful purpose, including commercial purposes; and that Derived Data may be retained indefinitely, even if the underlying User Submitted Content is deleted.

We may anonymize, aggregate, or otherwise transform User Submitted Content and Derived Data such that it is no longer reasonably associated with you, and may use such data for analytics, research, model training, and commercial purposes.

You acknowledge that the Services are not intended for the submission of confidential or proprietary materials. Except as expressly stated in our Privacy Policy, we do not treat User Submitted Content as confidential.

User Submitted Content may be processed by third-party service providers, including cloud providers and AI or machine learning service providers, solely for the purpose of providing and improving the Services.

Due to the nature of machine learning systems, once User Submitted Content has been incorporated into AI Systems, it may not be possible to identify, remove, or delete specific contributions from trained models.

You are solely responsible for the content you submit and for ensuring that your submission and our use of such content as described herein does not violate any applicable law or third-party rights.

Nothing in these Terms obligates ComicSmith to use User Submitted Content for training purposes, and we reserve the right to limit or exclude certain data from training at our discretion.

AI-generated outputs provided through the Services are licensed to you, not sold. Subject to your compliance with these Terms, ComicSmith grants you a limited, non-exclusive, non-transferable license to use such outputs for personal, non-commercial or internal business purposes. You may not resell, redistribute, or commercially exploit such outputs without our prior written consent.

8. User Corrections.

Users may submit corrections identifying defects not detected through our Services (including our AI tools). All such submissions are subject to review and validation by ComicSmith in its sole discretion. A correction that is validated means a submission that ComicSmith determines, based on internal review standards, quality controls, and model training considerations, each as determined by ComicSmith in its sole and absolute discretion, to be accurate, non-duplicative, and useful for improving the Services and the training of our AI models. ComicSmith’s determination whether a correction is validated is final and not subject to appeal or dispute.

If a correction is validated, the User will receive one (1) point toward eligibility for the Collector Badge, and the User may receive a Credit refund on fees associated with the relevant scan. These rewards are provided as a voluntary incentive for the actions as described herein, and do not create any employment, ownership, or compensation rights beyond those expressly stated.

If an account is terminated or closed, accumulated points towards the Collector Badge may be forfeited. ComicSmith reserves the right to modify thresholds, criteria, or rewards with reasonable notice.

For clarity, all defect correction submissions remain User Submitted Content and are subject to the license granted in Sections 6 and 7, including use for AI training.

9. Third Party Websites and Services

We may provide hyperlinks or references to other websites. The appearance of these links does not constitute our approval or endorsement of these websites. In many cases, we may have no affiliation of any kind with these third parties.

To the extent permissible by law, we may not disclose any financial or other connections we may have with these third party websites.

We are not responsible for the content of third party websites that may be linked from our website or provided to you via our Services. You navigate to any third party website at your own risk, and may be responsible for compliance with terms, policies, or laws relevant to these third parties.

The Services rely on third-party data sources, including marketplace APIs. You acknowledge that such data is provided under third-party terms and conditions; ComicSmith does not own such data; and the use of such data may be subject to additional restrictions imposed by those third parties. We do not represent third-party data as proprietary pricing data and will provide attribution where required. Availability, scope, and format of such data may change at any time due to third-party limitations.

Certain pricing data displayed through the Services may be sourced from eBay and other third-party marketplaces. Such data is used in accordance with applicable third-party agreements.

We do not represent such data as proprietary to ComicSmith. Where required, we will provide attribution to the applicable data source.

Pricing data may be limited to a defined historical window (such as approximately 90 days of completed sales), and no representation is made regarding historical completeness beyond that period.

Pricing data may be limited to a defined historical window (such as approximately 90 days of completed sales), and no representation is made regarding historical completeness beyond that period.

10. Termination

We may terminate this legal agreement with you, at any time, without notice, and at our sole discretion if

1. you have breached any provision of the Terms, or any law or rule or regulation, or we believe you intend to make such a breach, or we believe you are unable to comply with any provision of the Terms; or
2. we are required to do so by law; or
3. we cease operation or providing Services or our Website.

You may terminate your legal agreement with us at any time by

1. discontinuing the use of our Services, for example, if you have a user account with us, you must delete your user account or inform us of your desire to delete this account, or
2. affirmatively manifesting to us that you wish to terminate this legal agreement, such as by e-mailing us

Our or your termination of this Agreement shall not in any way impact the rights you have agreed to as detailed in the Disclaimer of Warranties and General Disclaimer, Indemnity, Default and Remedies, and General Legal Terms sections elsewhere in these Terms, or in any other section that explicitly notes it shall continue to be in effect after the expiration or termination of our relationship. These sections remain in effect, and therefore our protections remain in effect, so long as you or your successors in interest retain the ability to litigate any legal claim you may have against us, or any third party that may in any way implicate or involve us maintains such claims, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way implicating us or the use of our Website or Services.

ComicSmith does not accept any liability for any loss you may incur resulting from the loss of such information, or Services.

11. Intellectual Property

All material on our Website, including source code, data, images, and all other content, is owned by us, unless expressly indicated otherwise. Such owned intellectual property also includes our marks, logos, and similar content, regardless of whether such content is registered. Portions of our content may be licensed or repurposed from other websites, and therefore may be subject to the Terms of Services, Privacy Policies, and other applicable terms from these content providers. If your usage of our website makes you subject to these terms, you are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require us to display licensing or marketing information next to the data, which is one indication that we are licensing or using data from third parties, and may make you obligated to comply with the terms of third parties, however we may not always display such information. Such failure to display this information does not obviate you from your obligations to follow the applicable terms and conditions of the content provider.

We may use utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.

We own trade secrets and know-how that contribute to the functionality of our Website and the Services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to us. Your usage of our Website or Services does not entitle to any right, claim, or other interest whatsoever in these trade secrets and know-how.

12. Misconduct and Intellectual Property Violations

. If you believe that any User has acted inappropriately, which may include, but is not limited to, offensive, violent, illegal, or otherwise inappropriate behavior, you may report such violations to us via e-mail.

We respect the intellectual property rights of our Users, and of third parties. If you believe that your intellectual property rights have been in some way infringed, you may contact us to report such a suspected infringement. We may require you to submit additional information with your query at our future discretion, which may include an identification of the offended material, the basis through which you believe your claim is valid, your contact information, and a sworn statement regarding your status as the true copyright holder.

We may limit access to, or temporarily or permanently remove material we believe to be in violation of copyright laws or of another’s intellectual property, even without complaints from Users or third parties. We will comply with the appropriate provisions of the DMCA to the extent possible in handling alleged copyright violations.

13. Changes to Our Website and our Services

. From time to time, we may change the Services that we offer, or our Website. For example, we may modify, correct, amend, improve, alter, enhance, or make any other changes to our Website and Services, including discontinuing, on a temporary or permanent basis, our Website and Services. These changes are at our sole discretion, and we may not notify you prior to changes that may directly impact or alter your usage with our Website and Services. You agree that we shall not be liable to you or to any third party for any modifications, suspensions, or discontinuances of our Website or our Services.

14. Pricing Disclaimer

Any pricing, valuation, or market data provided through the Services is derived from third-party data sources, including recent completed sales on third-party marketplaces. Such estimates may be limited to recent transaction data; may be incomplete, inaccurate, or delayed; do not reflect the full market; are not appraisals, financial advice, or guarantees of value. ComicSmith does not provide licensed appraisal services. You acknowledge that collectible values are inherently subjective and volatile, and that actual sale prices may vary significantly from estimates provided by the Services.

15. Condition and Defect Disclaimer

Any defect detection, grading, or condition analysis provided by the Services is generated through automated systems and is for informational purposes only. ComicSmith is not affiliated with or endorsed by any third-party grading services; does not provide professional grading services; and makes no guarantees regarding accuracy or consistency of condition assessments.

16. Marketplace.

The Services may include a peer-to-peer marketplace that allows Users to list, buy, and sell comic books (collectively, a “Marketplace”). ComicSmith is not a party to any transaction between Users. We do not take title to items, do not act as a buyer or seller, and do not guarantee the quality, authenticity, legality, or safety of any listings. Sellers are solely responsible for accurately describing items, including condition, restoration status, and defects. Buyers are responsible for reviewing listings and performing due diligence before purchase. Users must abide by the provisions of Section 6 and 7 of these Terms governing user submitted content and the use of artificial intelligence.

Users may not list items that are misrepresented, including but not limited to:

1. Restored books presented as unrestored
2. Counterfeit or unauthorized reproductions
3. Listings intended to deceive or defraud
4. Listings that violate applicable rules, regulations, or laws, including those regarding intellectual property.

ComicSmith may, but is not obligated to, assist in resolving disputes between Users, including condition mismatch claims. We reserve the right to review listing data, Capture Metadata, and transaction history in connection with disputes. ComicSmith may, but is not obligated to, facilitate payments or communications between Users, and any such facilitation does not make ComicSmith a party to the transaction.

ComicSmith does not guarantee the completion, performance, or outcome of any transaction, including payment, delivery, or item condition. All transactions are conducted at Users’ own risk.

We may remove listings, suspend accounts, deny refunds, or take other action in our sole discretion in response to violations of the above provisions, and the Terms in general.

17. Founding Member and Collector Program

ComicSmith may offer limited-access programs, including a “Founding Member Program” and “Collector Program.” The first fifty (50) qualifying Users may receive a non-transferable “Founder Badge,” which entitles the account holder to a permanent five percent (5%) discount on Credit purchases.

Users may earn a “Collector Badge” by submitting verified defect corrections that improve the accuracy of the Services, including our AI model and tools. Upon reaching the applicable threshold (as determined by ComicSmith in its sole discretion), such Users receive a permanent five percent (5%) discount on fees associated with Credit purchases.

Users who hold both a Founder Badge and a Collector Badge may receive a combined permanent ten percent (10%) discount, however, please note, that the Founders Badge is only available to the first fifty (50) qualifying users as described herein.

Discounts apply only to base Credit pricing and may not be combined with promotional or limited-time offers unless expressly stated.

Badges are non-transferable and tied solely to the original account.

ComicSmith reserves the right to modify, suspend, or terminate these programs at any time with reasonable notice; provided that any earned benefits will be honored to the extent required by applicable law.

18. Disclaimer of Warranties and General Disclaimer

We assume no responsibility for the accuracy of information that appears on our Website or that is delivered to Users via our Services. All information provided on our Website and via our Services is provided “as is” with all faults without warranty of any kind, either express or implied. We hereby disclaim all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, as may be applicable, except to the extent such disclaimers are held to be legally invalid. We disclaim any responsibility for ensuring that our Website is or will be secure, timely, present accurate or complete information, or be free of any defects, damaging software or material to you or your devices.

The operation of our Services may cease at any time, for any reason, and we are not liable for damages caused by interruption of our Services, cessation of our Services, or for any other reason related to the provision of our Services.

The Services may produce incorrect, incomplete, or inconsistent results. You should not rely on the Services as the sole basis for any financial, commercial, or collecting decisions. You agree that you will not rely on the Services as a substitute for independent judgment, professional advice, or third-party verification, and you assume all risk associated with any decisions made based on the outputs of the Services.

ComicSmith may provide marketplace functionality as described in these Terms; however, ComicSmith is not a buyer, seller, broker, or party to any transaction between Users.

Certain features of the Services may be in beta, experimental, or under development, and may change or be discontinued at any time.

We make no representations or warranties that AI-generated outputs will not infringe the intellectual property or other rights of any third party.

19. Limitation of Our Liability

Please read this section carefully, as it may impact important legal rights.

The use of our Services and Website is solely at your own risk. To the maximum extent legally permissible, you agree that ComicSmith, its officers, directors, agents, employees, subsidiaries, joint ventures, successor entities, and any other similarly affiliated individuals or entities (“ComicSmith and its affiliates”), shall not be liable for any damages whatsoever arising from your use of our Website or Services. Damages for which ComicSmith and it affiliates are not liable for include, but are not limited to, direct, indirect, special, punitive, exemplary, incidental or consequence damages of any kind, derived under any legal system or legal theory, regardless of the foreseeability of such damages, and our prior or assumed knowledge regarding the likelihood of such damages.

If such any dispute is adjudicated under laws which may limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive your protections under these laws, to such an extent such a waiver is legally possible, or you agree that the foregoing limitation shall be amended to the maximum extent legally permissible to effect the intent of this section, which is to limit our liability arising from your usage of our Website and Services.

Without limitation, ComicSmith shall not be liable for any losses arising from reliance on pricing estimates, AI-generated outputs, or third-party data.

20. Indemnification.

You agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures, investors, and employees) harmless from any cost, liability, charge, penalties, claim or demand, including attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under these Terms.

Without impacting our rights as stated in this subsection, we reserve the right to assume the exclusive control of any matter subject to indemnification by you. Our assumption of this control does not excuse your indemnity obligations. You covenant that you will cooperate with assisting us in any way, and in asserting any available defense in such a situation. You agree not to settle any matter subject to indemnification by you without first obtaining our prior written consent.

21. Live Capture and Metadata

In connection with listing and verification features, the Services collect Capture Metadata, as described herein, including device identifiers, timestamps, GPS location data, and cryptographic image hashes. This information is used for fraud prevention, authenticity verification, platform integrity, and dispute resolution. Such data may be retained for as long as reasonably necessary to fulfill these purposes, including after account closure where required for fraud prevention, legal compliance, or dispute resolution.

To the extent any collected data is considered biometric or device-derived identifier data under applicable law (including the Illinois Biometric Information Privacy Act or similar laws), ComicSmith will handle such data in accordance with applicable legal requirements, including notice, consent, and retention obligations where required. ComicSmith does not intentionally collect biometric identifiers or biometric information. Device identifiers, GPS coordinates, timestamps, and cryptographic image hashes are not derived from physiological or biological characteristics and are not considered biometric data for purposes of relevant law. If ComicSmith introduces features that collect biometric identifiers or biometric information in the future, it will provide the notices and obtain the consents required by applicable law. More information is available regarding our data collection in our Privacy Policy.

22. General Terms

1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
   • Governing Law. These Terms and your relationship with ComicSmith shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions.
   • Informal Resolution. Before initiating any arbitration or legal proceeding, you agree to first contact us at [ ] and describe the dispute in writing. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. Binding Arbitration. If the dispute is not resolved informally, you and ComicSmith agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including questions of arbitrability, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein. Arbitration shall be conducted in Hennepin County, Minnesota, or, at your election, via video conference or telephone. The arbitrator shall have the authority to award any remedy available at law or in equity, but may not award relief to any person other than the parties to the arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
   • Small Claims. Notwithstanding the foregoing, either party may bring an individual claim in small claims court, provided the claim qualifies for and remains in small claims court.
   • Class Action Wavier. You and ComicSmith each agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
   • ComicSmith’s Rights. Notwithstanding the above, ComicSmith retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, or data. Opt-Out. You may opt out of this arbitration agreement by sending written notice to [ ] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
2. If any provisions of these Terms is found by a court of competent jurisdiction or an arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intent of the relevant provision.
3. You agree that these Terms constitute the entire, complete, and exclusive agreement between you and us. This agreement supersedes all prior agreements and understandings, written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms.
4. To the extent permissible by law, you agree not to seek injunctive or equitable relief to restrain the operation of our Services, except as may be available through the arbitration process described in Section 22(a).
5. You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.

23. COPPA Compliance and Children’s Privacy

The Website and Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, you may not use the Website or Services. If you are between the ages of 13 and 17, you may only use the Services with the verifiable consent and involvement of a parent or legal guardian. By using the Services, a parent or guardian represents that they have reviewed and agreed to these Terms on behalf of the minor user. If we discover or are notified that we have collected personal information from a child under 13 without verifiable parental consent, we will promptly delete such information. If you believe we have inadvertently collected information from a child under 13, please contact us immediately at [ ]. Parents or guardians of minor users may contact us to:

1. review the personal information we have collected from their child
2. request deletion of such information; or
3. refuse further collection or use of such information. Such requests should be sent to [ ].

24. U.S. State Privacy Rights

This section applies to residents of California, Virginia, Colorado, Connecticut, Texas, and other states with applicable privacy laws (collectively, “Covered Residents”). If you are a Covered Resident, you may have the following rights with respect to your Personal Information, subject to certain exceptions, and as governed by local laws:

1. Right to Know. You may request that we disclose the categories and specific pieces of Personal Information we have collected about you, the categories of sources, the business or commercial purposes for collection, and the categories of third parties with whom we share it.
2. Right to Delete. You may request that we delete Personal Information we have collected from you, subject to certain exceptions (e.g., information needed to complete a transaction, detect security incidents, or comply with legal obligations).
3. Right to Correct. You may request that we correct inaccurate Personal Information we maintain about you
4. Right to Opt Out of Sale or Sharing. Although we do not "sell" your Personal Information in the traditional sense, we may share certain information with advertising and analytics partners in ways that may constitute a "sale" or "sharing for cross-context behavioral advertising" under California law. You may opt out of this sharing by contacting us at [ ] or by using any opt-out mechanism we make available on the Website.
5. Right to Non-Discrimination. We will not discriminate against you for exercising any of the rights described in this section.
6. Exercising Your Rights. To exercise any of the above rights, please contact us at [ ]. We will respond to verifiable consumer requests within 45 days, which may be extended by an additional 45 days with notice. We may require you to verify your identity before processing your request.
7. Authorized Agents. You may designate an authorized agent to make requests on your behalf. We may require written authorization or a power of attorney, and may verify your identity directly.
8. Do Not Track. We do not currently respond to browser-based “Do Not Track” signals. We will update this section if our practices change.
9. California “Shine the Light.” California residents may request information about disclosures of Personal Information to third parties for their direct marketing purposes. To make such a request, contact us at [ ].