Legal Notice and Terms and Conditions
THIS WEBSITE, HTTP://WWW.TFTVCOMICS.COM, AND ALL PAGES CONTAINED THEREIN (THE “WEBSITE”), BELONGS TO TREASURESFROM THE VAULT, INC. (hereinafter referred to as “We,” “Us,” Our,” or “TFTV”). BY USING THE INFORMATION ON THIS WEBSITE AND/OR USING THESERVICES PROVIDED BY TFTV, YOU (hereinafter referred to as “You,” “Your,” “Customer,” or “Submitter”) ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS (the “TAC”).
(1) We may change the TAC from time to time, without notice to you, by posting such changes on the Website. TFTV reserves the right without prior notice todiscontinue products or services, or change specifications or prices at any time without incurring any obligations to any party.
(2) TFTV provides comic book pressing, dry-cleaning, restoration and restoration removal services (the “Services”).
(3) We control and operate the Website from our offices in the United States of America. Persons who choose to access the Website from other locations do so ontheir own initiative, and are responsible for compliance with local laws, if any. Any views expressed by third parties on this Website are solely the views of thethird party and TFTV assumes no responsibility for the accuracy of any such statement.
(4) You may view, copy, print out, and use content gathered from this Website solely for your own personal use, provided that the content available from thisWebsite is used for informational and noncommercial purposes only. The use of any such content for commercial purposes is expressly prohibited. Nothingcontained herein shall be construed as conferring any license or grant of right to use any patent, copyright, trademark, service mark or other intellectualproperty of TFTV.
(5) This Website may include links to other Websites (“Linked Sites”). We have no control over the content of Linked Sites and are not liable in any way for thecontent of Linked Sites. We will not be responsible for any damage or loss caused by or connected to the use or reliance on such Linked Sites or the contentthereon.
(6) TFTV shall be free to use any ideas, concepts, recommendations, suggestions, or techniques provided by you to TFTV, without any acknowledgement orcompensation to you. This includes information given for any purpose whatsoever, including but not limited to development, manufacturing, and marketing ofproducts. Any such ideas, concepts, recommendations, suggestions, or techniques provided by you shall not be deemed confidential, and may be used by TFTVfor any purpose, without acknowledgment or compensation to you.
(7) Reasonable efforts are made to ensure the accuracy and integrity of information provided by TFTV on this Website but TFTV is not responsible for misprints,out of date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website.
(8) This Website and all information it contains are provided “as is.” TFTV makes no claims or warranty whatsoever regarding the completeness, accuracy, oradequacy of, or the suitability, functionality, availability or operation of this Website or the information and materials it contains.
(9) EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, TFTV DISCLAIMS ANY AND ALLWARRANTIES, EXPRESS OR IMPLIED, REGARDING TFTV AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MAXIMUM AGGREGATE LIABILITY THAT TFTV SHALL HAVETO THE CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSIONOR OTHER CIRCUMSTANCE, SHALL IN NO EVENT EXCEED THE SERVICES FEE OR FEES PAID BY THE CUSTOMER FOR THE SERVICESORDERED ON THE TFTV SUMISSION FORM. IN NO EVENT SHALL TFTV, OR ANY OF ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORSAGENTS OR ASSIGNS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALOR EXEMPLARY DAMAGES, AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TFTV, AND ANY OF ITS EMPLOYEES, OFFICERS,DIRECTORS AGENTS OR ASSIGNS, EXCEED THE FEES PAID OR PAYABLE TO TFTV FOR THE SERVICES TFTV PROVIDES.
(10) Submitter must inspect all items immediately upon receipt from TFTV. TFTV shall have no liability for any damage or errors unless reported to TFTV withinfive (5) calendar days of Customer’s receipt of the items.
(11) Customer shall complete all submission information on the Submission Form, and package and ship all items, in accordance with the instructions on theSubmission Form. Customer represents and warrants to TFTV that the insured value set forth on the Submission Form represents Customer’s good faith beliefas to the market value of the item.
(12) In no event will TFTV be liable for damages of any kind, including without limitation, any special, indirect, incidental, or consequential damages even if TFTVhas been advised of the possibility of such damages.
(13) TFTV does not, and cannot, guarantee you shall receive from any third party grading company any specific grade on a comic book submitted to TFTV forServices. TFTV does not, and cannot, guarantee you shall receive from any third party comic book grading company any specific grade increase, or any gradeincrease whatsoever, on a comic book submitted to TFTV for Services. The submitter acknowledges the Services may result in a lower grade or no gradesubsequently being assigned to such comic book by a third party comic book grading company. By submitting a comic to TFTV, the submitter waives any rightto assert any form of legal claim against TFTV (and its respective officers, directors, employees, agents and assigns) with respect to any grade, a lower grade,or no grade subsequently being assigned to such comic book by a third party comic book grading company, unless such was caused solely by the grossnegligence or willful misconduct of TFTV.
(14) TFTV compiles data regarding, and makes digital images of, items submitted for Services. In partial consideration for the performance of the Services byTFTV, Customer authorizes TFTV to compile such data and make such images and agrees TFTV shall have an irrevocable, non-exclusive, perpetual, unlimited,royalty-free right and license to use and commercialize such data and images for any purpose.
(15) Customer agrees the laws of Florida, without regard to its choice of law principles, shall apply to transactions and/or disputes between TFTV and Customer.Customer further agrees the exclusive jurisdiction and venue for any dispute between TFTV and Customer shall be in the state or federal courts located in, orserving, Miami-Dade County, Florida.