Easy Log-In

username
password
Remember Me
(Not for public use computers)

Want an account?
Click Here to create one.
TERMS OF USE
Terms of Use
Terms of Use
Important Legal Notices

Before using this Onphile web site, please read the Terms of Use set forth below.

By using this web site (the “Site”), you agree to be bound by these Terms of Use (the “Terms of Use”). If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Site.

The Pearl Group, Inc. and its affiliates and subsidiaries ("we," “us,” “our,” or words of similar import) reserve the right to review and revise the Terms of Use from time to time without prior notice. These Terms of Use may only be amended as provided above, or by a writing signed by you and us. Any amended Terms of Use shall become effective immediately after posting on this Site and, by using this Site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and the Services.

Use of this Site and any of the related Services (as defined below) is only available to persons who are 18 years of age or older. If you are under this age, please use this Site and the related Services only in conjunction with your parents or guardians.

1. NO REPRESENTATIONS OR WARRANTIES

The Services provided on this Site and the content (including Content, as defined below), information, documents, graphics and images (including Images, as defined below) published at this Site could include inaccuracies, typographical errors or other errors. We are not responsible or liable for any such inaccuracies or errors in this Site or the Services. We also make no commitment to update what is contained in this Site. Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete the same without prior notice.

Users of this Site (“Visitors”) should not rely upon opinions expressed on or information contained in this Site when making business, financial, personal or other decisions. Furthermore, we do not endorse, nor are we responsible or liable for, the opinions of third parties expressed on this Site or on linked web sites.

Consequently, and without limiting the foregoing,

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS SITE OR THE SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

2. USER WARNINGS/USER CONDUCT

We may make certain services available, including without limitation, message boards, community services, information regarding products and services, facilitating the purchase of products and services, and other services related to the collectible comics industry, provided that you agree to abide by the terms and conditions contained in these Terms of Use. These services, as well as all other services we provide in connection with this Site, are referred to in these Terms of Use as the “Services.” Without limiting the generality of the foregoing, in consideration for our providing this Site and the Services, when using this Site or the Services you also agree not to:

a. violate any applicable law, regulation or rule, or these Terms of Use;

b. harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any individual or entity;

c. post, publish, upload, distribute, or transmit any commercial, advertising or promotional materials, including without limitation, "spam," chain letters, pyramid schemes, surveys, contests, or mass distributions;

d. provide false information on your registration form or information requests, create a false identity, or impersonate another person at any time;

e. post, publish, upload, distribute, or transmit defamatory, false, inappropriate, improper, disorderly or excessive messages or information;

f. post, publish, upload, distribute, or transmit any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;

g. attempt to gain unauthorized access to any Services, other accounts, or related computer systems or networks through hacking, password mining, or any other means;

h. restrict or inhibit any other person or entity from using this Site or the Services, or use this Site or the Services in a manner that overburdens or impairs our server or network;

i. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;

j. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

k. create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers;

l. link directly or indirectly to or include any web site or other item that you do not have a right to link to or include; or

m. perform meta-searches of the Site or send automated queries to the Site.

In addition, you are prohibited from violating or attempting to violate any security features of the Site or the Services, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (4) using the Site or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.

If you violate such terms, we may, without prior notice and without liability to us, ban you from this Site and any and all Services and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Site and/or the Services at any time, without notice, for any reason.

With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of the Site or such Services.

We assume no responsibility for the accuracy, adequacy, integrity, quality, completeness, reliability, usefulness, fitness, merchantability, use or value of any content, data, documents, graphics, images, information, advice, valuation, posting or opinion contained in the Site or related to the Services, including without limitation, any message boards, community services or any other public services, and do not endorse any product, valuation, advice or opinion contained therein. We do not undertake to monitor or control such Services, although we reserve the right to do so. We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of our Site and our Services and to protect ourselves and others.

3. PURCHASES AND OTHER TRANSACTIONS

Certain Visitors may advertise and/or present offers to loan, borrow, sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to loan, borrow, sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any loan, purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the loan, purchase or sale of any such products or services is authorized by law, statute, or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to loan, borrow, sell or buy products or services, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the loan, purchase or sale of advertised or offered products and services.

You must be at least 18 years of age to loan or offer to loan, borrow or offer to borrow, buy or offer to buy, or sell or offer to sell, any products or services in any way related to the Site or the Services. If you obtain personal information for a Visitor for any transaction related to the Site or the Services, you will not disclose such personal information to any other party for any purpose except as may be necessary for completion of the transaction, except as expressly provided otherwise by these Terms of Use.

4. WEB SITE LINKS AND THIRD-PARTY SITES

This Site may contain links to other web sites that are independent of this Site. We provide these links solely as a convenience. By clicking on a link, you are leaving this Site and going to another web site that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Furthermore, some links may advertise and/or present offers to sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the purchase or sale of any such products or services is authorized by law, statute, or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to sell or buy products or services, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of advertised or offered products and services.

YOU HEREBY AGREE TO RELEASE US, OUR AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEB SITES AND RELATED SERVICES LINKED TO THIS SITE.

5. CONFIDENTIALITY

Always use caution when giving out any personally identifiable information about yourself or your children while using this Site or any of the Services. We cannot guarantee your confidential use of this Site or the Services. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site or the Services. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. See our Privacy Policy for additional information regarding our use and handling of personally identifiable information. The Privacy Policy is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Statement and the other provisions of these Terms of Use, the other provisions of these Terms of Use govern and control collection, use and disclosure of your personally identifiable information.

6. MEMBERSHIPS, DEALERSHIPS, AND ACCOUNTS

6.1. REGISTRATION AND SECURITY

You may register to be a member (“Member”) of this Site. See ***Membership [or other designator]***. There are different classes of membership (“Membership”), and you agree to only utilize Services accessible under your type of Membership, if any. You may also register to be a dealer (“Dealer”) on this Site. There is only one class of dealership (“Dealership”) If you are a Dealer, you agree to only utilize Services accessible as a Dealer of this Site. See ***Dealers [or other designator]***

If any of the Services requires you to open an account, or if you desire to become a Member of or Dealer on this Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also have a user name and password. You are responsible for maintaining the confidentiality of your password and account and Membership and Dealership information and are fully responsible for all conduct carried out under your password, Membership, Dealership and account, whether such conduct is carried out with or without your knowledge. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your Membership, Dealership, account or password.

You will promptly report any unauthorized use of your Membership, Dealership, account or password to us. You may not use anyone else's Membership, Dealership or account at any time without the permission of the Member, Dealer or account holder, respectively.

Additional information regarding security of personally identifiable information is available in our Privacy Policy.

6.2. POSTING AND LISTINGS

Subject to the other provisions of this Agreement, each free, paid, or dealer Member (“Posting Member”) may post, upload, input, provide or submit (“Post”) materials, links, content, information, documents, graphics and images related to that Posting Member’s products and interests related to the comics and comic book industry. Subject to the other provisions of this Agreement, each Dealer may post, upload, input, provide or submit (“Post”) materials, links, content, information, documents, graphics and images related to that Dealer’s business, products and interests related to the comics and comic book industry. The right of each Posting Member and Dealer to Post information on the Site is conditioned upon the Posting Member’s or Dealer’s (respectively) acceptance without modification of and compliance with the terms, conditions and notices contained in these Terms of Use. All such materials, links, content, information, documents, graphics and images Posted on the Site by a Posting Member or a Dealer are referred to in these Terms of Use as the “Content” Posted by such Posting Member or Dealer, respectively.

Content may be Posted on the Site only in the form of: (1) a listing, which generally provides Visitors with information regarding the products of a Posting Member or Dealer; (2) Content in a public forum, such as a message board or a chat room; and (3) comic reviews. Guidelines for listings are contained in the terms of use page in the Members Section of the Site, and are sometimes referred to as a “Listing” in these Terms of Use. Subject to the other provisions of these Terms of Use (and Sections 6.4 and 6.5, below, in particular), Posting Members and Dealers may Post Content on the Site in the form of a Listing for as long as their Membership or Dealership, respectively, is active. Upon termination of the Membership or Dealership, the Posting Member’s or Dealer’s right to Post Content in the form of a Listing shall terminate without further action by us. All Content Posted on the Site shall comply with all requirements set forth in these Terms of Use.

6.3. TERMINATION

Regardless of any provision in this Agreement to the contrary, we reserve the right, in our sole discretion, to terminate any Posting Member’s right or Dealer’s right to Post Content on the Site for any reason at any time, without notice. We may also terminate or suspend a Member’s right or a Dealer’s right to Post Content on the Site for inactivity, which is defined as failing to log into the Site for an extended period of time, as determined by us, but not less than three (3) months.
If we terminate a Posting Member’s Listing or a Dealer’s Listing for any reason, as provided above, we will not be obligated to refund any amount paid by the Posting Member or the Dealer for any Listing or Membership or Dealership, respectively, or otherwise incur any obligation to such Posting Member or Dealer or any other person as a result of such termination.
We have the right to terminate the Site, in our discretion, at any time for any reason. Upon any termination of the Site, each Posting Member’s right or Dealer’s right to Post Content on the Site shall immediately cease, and we will not be required to refund any amount paid by, or have any other obligation to, any Posting Member, Dealer or third party related to such Site termination.
Each Posting Member and Dealer agrees that the provisions of this Section 6.3 and Section 6.4, below, are a material consideration for us to allow the Posting of Content on the Site, and that the consideration paid by the Posting Member and Dealer in exchange for the right to Post Listings and other Content is fair and reasonable regardless of any such termination of any Content, Listing or the Site, as provided in these Terms of Use.

6.4. LIMITATIONS ON USE OF SITE AND CONTENTS

Regardless of any provision in these Terms of Use to the contrary: (a) we are under no obligation to Post or use any Content any Posting Member or Dealer may provide, and we may remove any Content at any time in our sole discretion; (b) we have no responsibility or liability for the deletion, corruption or failure to store any messages or other Content maintained or transmitted by us related to the Site, any Listing, or their use; (c) we have no obligation to maintain any Listing or other Content or to forward any unread or unsent messages to any Member, any Dealer, any Visitor, or any other third party; and (d) we shall have no responsibility or liability for any interruptions, disruptions, disturbances, stoppages, or delays in the operation of the Site, including completely ceasing to operate the Site. Posting Members and Dealers agree that we may establish limits concerning use of the Site, including, without limitation, the maximum disk space that will be allotted on our servers on behalf of any Posting Member or Dealer, and the maximum number of times and duration Posting Members and Dealers may access the Site and any related Service in a given period of time.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE AND ANY SERVICE PROVIDED BY US RELATED TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

6.5. CONTENT RIGHTS / LICENSE

We do not claim ownership of the Content that Posting Members or Dealers Post on the Site. However, and in addition to the other provisions of these Terms of Use, by Posting Content on the Site, each Posting Member and Dealer is granting us and any necessary sublicensees permission to use such Posting Member’s Content or Dealer’s Content, respectively, in connection with the operation of the Site and our Internet businesses, including, without limitation, the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Posting Member’s Content or Dealer’s Content, respectively; to publish the Posting Member’s name or Dealer’s name in connection with the Posting Member’s Content or Dealer’s Content, respectively; and the right to sublicense such rights to any person necessary in connection with Posting the Posting Member’s or Dealer’s Content on the Site.
In addition to the other provisions of these Terms of Use, by Posting Content on the Site, each Posting Member and Dealer warrants and represents that such Posting Member or Dealer, respectively, owns or otherwise controls all of the rights to the Posting Member’s or Dealer’s Content, respectively, as described in these Terms of Use, including, without limitation, all of the rights necessary for the Member or Dealer to Post the Content on the Site. In addition to the warranty and representation set forth above, by Posting Content that contains images, photographs, pictures or items that are otherwise graphical in whole or in part ("Images"), each Posting Member and Dealer warrants and represents that: (a) such Posting Member or Dealer is the copyright owner of such Images, or that the copyright owner of such Images has granted the Posting Member or Dealer, respectively, permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of the Posting Member’s use or Dealer’s use and as otherwise permitted by these Terms of Use; (b) such Posting Member or Dealer has the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

6.6. LIABILITY DISCLAIMER / INDEMNIFICATION

ALL OF THE OTHER DISCLAIMERS CONTAINED IN THESE TERMS OF USE APPLY FULLY TO MEMBERS AND DEALERS. IN ADDITION, EACH MEMBER AND DEALER SPECIFICALLY AGREES THAT WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE, MISUSE, ACCESS TO, OR ALTERATION OF SUCH MEMBER’S CONTENT OR DEALER’S CONTENT, TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR A RELATED SERVICE.
FURTHER, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, ANY LISTING, OR ANY RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, ANY LISTING, OR ANY RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE, ANY LISTING, OR ANY RELATED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, ANY LISTING, OR ANY RELATED SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY LISTING, OR ANY RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY MEMBER OR DEALER IS DISSATISFIED WITH ANY PORTION OF THE SITE, HIS OR HER LISTING, OR ANY RELATED SERVICES, OR WITH THESE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY OF THE MEMBER OR DEALER IS TO DISCONTINUE POSTING CONTENT ON THE SITE OR OTHERWISE USING THE SITE AND ANY RELATED SERVICES.
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, EACH MEMBER AND DEALER AGREES TO DEFEND, INDEMNIFY AND HOLD US, OUR SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY SUIT, ACTION, PROCEEDING, PENALTY, CLAIM, DEMAND, LOSS, LIABILITY OR DAMAGE, INCLUDING REASONABLE COSTS AND ATTORNEYS FEES THROUGH ANY APPEAL, AND REGARDLESS OF ANY NEGLIGENCE ON OUR PART, ASSERTED BY ANY THIRD PARTY RELATED TO OR ARISING FROM THE POSTING OF CONTENT BY THE MEMBER OR DEALER, RESPECTIVELY, ON THE SITE, OR ANY CONTENT POSTED ON THE SITE BY THE MEMBER OR DEALER, RESPECTIVELY, IN THE NAME OF THE MEMBER OR DEALER, RESPECTIVELY, OR ON THE BEHALF OF THE MEMBER OR DEALER, RESPECTIVELY, OR ANY OTHER USE OF THE SITE, THE MEMBER’S LISTING OR THE DEALER’S LISTING, RESPECTIVELY, AND RELATED SERVICES BY THE MEMBER OR DEALER, RESPECTIVELY.

6.7. COMPENSATION; TAXES

No compensation will be paid by us with respect to our use or any other use of any Member’s Content or Dealer’s Content (including, without limitation, Images), as provided herein. Each Member and Dealer is completely responsible for all other charges, fees, duties, taxes, and assessments related to any Listing of the Member or Dealer, respectively; arising out of such Member’s use or Dealer’s use, respectively, of the Site and related Services; or any transaction involving the Member or Dealer, respectively, related to the Site or the Services.

6.8. DEALINGS WITH VISITORS

We cannot control or warrant the behavior of Visitors. As a result, we make no representation or warranty with respect to any use of all or any part of the Site, or of any Listing or Content of any Member or Dealer by any other Member or Dealer, any Visitor, or any other third party. Instead, the Posting of Content by each Member or Dealer on the Site is at the Member’s own risk or Dealer’s own risk, respectively. Any dealings with Visitors, Members, Dealers, or other third parties, or participation in promotions, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Member or Dealer and the Visitor, Member, Dealer or other third party. We shall not be responsible or liable for any part of any such dealings or promotions.
In order to facilitate interaction among Members and Dealers and other Visitors, our Site and related Services allow Members and Dealers with limited access to contact information for some Visitors and other Members and Dealers. Each Member and Dealer hereby agrees that, with respect to Visitors’ and other Members’ and Dealers’ personally identifiable information that such Member or Dealer, respectively, obtains through the Site or through a Site-related communication or a transaction that we facilitate through the Site, we hereby grant to such Member or Dealer, respectively, a license to use such information only for: (a) communications related to the Site or its related Services that are not unsolicited commercial messages, (b) using Services offered through our Site, and (c) any other purpose that such Visitor, Member or Dealer expressly agrees to after adequate disclosure of the purpose(s). In all cases, the disclosing Member or Dealer must give the Visitor or other Member or Dealer whose information is involved an opportunity to remove themselves from the disclosing Member’s database or Dealer’s database and a chance to review what information the disclosing Member or Dealer has collected about them. In addition, under no circumstances can the disclosing Member or Dealer disclose personally identifiable information about a Visitor or another Member or Dealer to any third party without our consent and the consent of such Visitor or other Member or Dealer after adequate disclosure, except that the disclosing Member or Dealer may disclose such information if required by law, legal process, or to protect the disclosing Member’s interest or Dealer’s interest, respectively, or the interests of others.
We and our Visitors, Members and Dealers do not tolerate spam. Therefore, without limiting the foregoing, no Member or Dealer is licensed to add a Visitor or another Member or Dealer, even a Visitor or another Member or Dealer who has purchased a product or service from such Member or Dealer, respectively, to such Member’s mail list or Dealer’s mail list (email or physical mail) without their express consent after adequate disclosure. To report spam related to the Site to us, please send an email to support@onphile.com.
WE SHALL NOT BE RESPONSIBLE FOR ANY USE OR MISUSE OF ANY POSTED CONTENT BY ANY VISITOR, MEMBER, DEALER OR OTHER THIRD PARTY.

6.9. CONTENT GUIDELINES

The Contents of each Listing shall be limited to information regarding the comics and comic books of its Posting Member or Dealer. We are not responsible for any Content Posted on the Site. Instead, each Member or Dealer is solely responsible for Content that the Member or Dealer, respectively, Posts on the Site. In addition, we do not have any obligation to monitor any Content Posted on the Site. Although we don’t have any such obligation, we may monitor the Contents of all Members or Dealers, at our discretion. We may also issue Content Guidelines from time to time that require Contents to meet certain requirements. All requirements contained in the Content Guidelines are also a part of these Terms of Use.

7. LIMITATION OF DAMAGES

IN NO EVENT WILL WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR USE OR PERFORMANCE OF ANY SERVICES, OR ANY CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON OUR PART OR ON THE PART OF ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, AND ANY DAMAGES RELATED TO BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, SITE AND OTHER CONTENT AND MATERIALS.

8. OWNERSHIP

Except as provided in the next two paragraphs, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) to all content, information, documents, graphics and images contained in this Site and related to the Services belong to us or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. A partial list of trademarks owned by us is set forth in Section 14 of these Terms of Use.

Others may post information on this Site from time to time with our permission. Such information may include, without limitation, listings and other information related to comics and comic books and their availability, value, quality and other characteristics, activities and events related to comics and comic books, and other information related to the comics and comic book industry. Such information is not our property, and we are not responsible or liable for it in any respect. Persons or entities posting such information, including you if you elect to post such information, hereby: (a) warrant that they are the owner of such information, or have the right to lawfully use it in the manner utilized in connection with the Site and/or the Services; (b) warrant that such information does not infringe any valid patent, copyright, trademark, trade secret, and other intellectual property rights; (c) agree that we may use their name in connection with such information; (d) agree that we will not compensate them for such information; and (e) hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, produce, reproduce, duplicate, distribute, license, publicly perform, publicly display, translate, edit, reformat, and create derivative works related to such information in any media now known or not currently known in connection with this Site and the Services in a manner consistent with these Terms of Use and the permission we have granted them.

We do not own the copyright or trademark rights in certain information contained in this Site, such as images of comic and comic book covers and the trademarks identifying these covers. In each case, the copyright and trademark rights are owned by their respective owners.

YOU SPECIFICALLY AGREE THAT WE ACT AS A PASSIVE CONDUIT FOR ONLINE DISTRIBUTION AND PUBLICATION OF INFORMATION PROVIDED BY ANY THIRD PARTY, AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE BY ANY THIRD PARTY. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

9. LICENSE

Except in the case of Listings posted by Members and Dealers and other Content properly Posted by Dealers, this Site and the Services are for your personal and non-commercial use. Nothing contained in this Site or the Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Site or the Services may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works.

10. USE OF SOFTWARE

We may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only. We may allow, but are not required to allow, commercial use of any Software by a Dealer upon the request of the Dealer. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.

11. CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, terminate the Memberships, Dealerships or accounts of Visitors who infringe the intellectual property rights of others. If you believe that any material on this Site or used in connection with the Services infringes on any copyright, trademark or patent that you own or control, or that any link on this Site directs you to another Site that contains material that infringes on any copyright, trademark or patent that you own or control, you may notify us by providing our copyright agent the information required by the Digital Millennium Copyright Act, 17 U.S.C § 512. Generally, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

By mail:
Copyright Manager
OnPhile
Pearl Communications
1030 Andrews Highway
Suite 206
Midland, TX 79701
USA

By email:
support@onphile.com


12. INDEMNIFICATION

TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, INCLUDING OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (THE “INDEMNITEES”), HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW) INCURRED BY THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: (A) YOUR USE OR MISUSE OF THIS SITE OR ANY OF THE SERVICES; OR (B) YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THE INDEMNITEES OR ANY THIRD PARTY; OR (C) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR (D) YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES. THE TERM “DAMAGES” INCLUDES DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES RELATED TO INJURY TO (INCLUDING DEATH OF) YOU OR ANY OTHER PERSON, DAMAGE TO OR LOSS OF ANY PROPERTY, LOSS OF CONSORTIUM, LOSS OF OPPORTUNITY OR BUSINESS OR CONTRACTUAL RELATIONSHIP, VIOLATION OF ANY RIGHT TO PRIVACY, DEFAMATION OF CHARACTER OR REPUTATION AGAINST ANY PERSON, PRODUCT OR OTHER OBJECT, MENTAL DISTRESS OR ANGUISH, LOSS OF USE OR PROFITS, ATTORNEYS AND EXPERT FEES AND OTHER COSTS THROUGH ANY APPEAL, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF COMPUTER PROGRAMS OR OTHER DATA, COST OF COVER, AND ANY AND ALL OTHER TYPES OF CLAIMS AND DAMAGES OF EVERY KIND, NATURE, AND DESCRIPTION. WE WILL NOTIFY YOU PROMPTLY OF ANY SUCH LIABILITY, DEMAND, CLAIM, RECOVERY, SETTLEMENT, ACTION, PENALTY, COST, LOSS, OR DAMAGES, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING THE SAME. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE IF WE DETERMINE THAT YOUR DEFENSE IS NOT ADEQUATE, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

13. GOVERNING LAWS IN CASE OF DISPUTE

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO BRING ANY ACTION IN COURT UNDER SECTION 18, BELOW, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER THESE TERMS OF USE.

14. INTERNATIONAL USE

We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and information in the Site and the Services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access this Site or utilize the Services in any location where the same are prohibited by law. Nothing in this Site or the Services shall be construed to mean that we are engaged in any business in any jurisdiction in which we are not properly licensed to do so.

15. INTEGRATION; SEVERABILITY; GENERAL

These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site and the Services. We may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of such Site and the Services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Unless otherwise provided by applicable law, any action or arbitration arising out of or in connection with these Terms of Use or your use of the Site or the Services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

16. TRADEMARKS

onPhile

Any rights not expressly granted herein are reserved.

17. CALIFORNIA RELEASE WAIVER

If you are a California resident, you agree to waive rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

18. SURVIVAL

The terms, conditions, covenants, indemnifications, releases, waivers, and all other provisions of these Terms of Use shall survive the termination or expiration of these Terms or Use, the Site, and/or the Services.

19. ARBITRATION

Excluding legal action taken by us at our option to obtain an injunction or other equitable relief to prevent the improper appropriation, disclosure, or other misuse of our intellectual property rights, the Services, and/or the Site, the exclusive method for resolving any controversy, dispute or claim arising from or related to these Terms of Use, the Site, and/or the Services, including the construction and scope of these Terms of Use, shall be by arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party. Within ten (10) days after the filing of any request to arbitrate, the parties will each select an arbitrator, and the selected arbitrators will select the Arbitrator within thirty (30) days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, the Association will select the arbitrator on behalf of such party. If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association will select the Arbitrator. Each of the selected arbitrators and the finally appointed Arbitrator will be recognized by the Association as a legal expert in the field of business software practices in the collectibles industry. The parties hereby irrevocably agree that the arbitration will be held within the County of San Diego, State of California, USA, and will apply the laws of the State of California (without regard to the conflicts of law principles). The Arbitrator may award any and all remedies and relief deemed appropriate under the circumstances, including money damages and injunctive relief. If any party fails to provide any response or to appear at any arbitration proceeding, the Arbitrator will proceed with the arbitration without such response or appearance. At the conclusion of the arbitration, the Arbitrator will issue a written award containing essential findings of fact and reasoned opinions and conclusions on which the award is based. The final award rendered by the Arbitrator will be binding, final and non-appealable. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof. The costs of arbitration and the Arbitrator's fees in connection with any such arbitration will be shared equally by the parties unless the Arbitrator determines that the party or parties prevailing in the arbitration shall bear a lesser portion thereof. This arbitration provision will be deemed to be self-executing and will remain in full force and effect after the expiration or termination of these Terms of Use, the Site, and/or the Services. Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association will disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of both you and us. Notwithstanding the above, any party may bring an action in any court of proper jurisdiction with respect to any claim having a reasonable value of U.S. $2,500.00 or less, without considering attorneys fees and other costs.

20. NOTICES

All notices or other communications required or permitted to be given to us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to us at OnPhile, Pearl Communications, 1030 Andrews Highway Suite 206, Midland, TX 79701 U.S.A., Attention: General Manager. All notices or other communications required or permitted to be given to you under these Terms of Use shall be to the email address that you provide to us. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may provide you with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery. In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof.

21. ATTORNEYS FEES

In the event any litigation, arbitration, mediation, or other proceeding (collectively, "Proceeding") is initiated by any party against any other party to enforce, interpret or otherwise obtain arbitral, judicial or quasi judicial relief in connection with these Terms of Use, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all reasonably incurred costs, expenses, and attorney's fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to award or judgment), and (b) any post judgment or post award Proceeding, including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Nothing in this Section 21 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section 19, above.

22. COPYRIGHT NOTICE

Copyright © 2006 The Pearl Group, Inc., 2788 Loker Ave West, Carlsbad, CA 92010 U.S.A. All rights reserved.

23. USE OF CERTAIN TERMS

Except as expressly provided otherwise in these Terms of Use, references to “content” includes “Content,” as defined in Section 6.2, above; references to “post” includes “Post,” as defined in Section 6.2, above; and references to “images” includes “Images,” as defined in Section 6.5, above.

24. ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Updated: March 19, 2006
Information/Stats
Recent Comic Covers:
   
   
   

Recent Series:
1.Birds of Prey (2011)
2.Green Lantern (2011)
3.Action Comics (2011)
4.Resurrection Man (2011)
5.Kill Shakespeare
6.X-Men Forever
7.Star Trek Deep Space Nin...
8.The Invincible Iron Man
9.Star Trek Special
10.Star Trek The Next Gener...

Recent Publishers:
1.Red 5 Comics
2.Creative Impulse Enterta...
3.Across the Pond Studios ...
4.Desperado Publishing
5.Dial C for Comics
6.Homage (DC Comics)
7.Virgin Comics
8.Platinum Studios
9.Minx (DC Comics)
10.Dabel Brothers Productio...

Recent Comic Books:
1.Marvel Illustrated:... #1
2.The Uncanny X-Men #69
3.The Uncanny X-Men #212
4.Marvel Super Hero C... #3
5.Marvel Super Hero C... #2
6.Daredevil (Vol 1) #194
7.Secret Wars II #1
8.Iron Man #208
9.Iron Man #174
10.Iron Man #173



Main Site Links: HOME :: SEARCH :: ABOUT :: CONTACT :: LOG-IN
Additional Links: ALTERNATE SEARCH :: NEWS :: RSS :: FAQ :: TOUR :: CREATE ACCOUNT

Copyright © 2005 - 2018 Pearl Communications Inc
Read our Privacy Policy and our Terms of Use.