Agreement to Terms and Conditions

These Terms and Conditions are a binding Agreement between you and HeavyInk. Please read them carefully.

Privacy

At HeavyInk, we don’t just say we value your privacy: We protect it.

Although we will store your name, address, e-mail address and payment information in our customer database, we do so only for the purpose of processing your order. Rest assured that we will never sell, trade, rent, share, disclose or make available this personal information, including information identifying which merchandise you have ordered, to anyone without first receiving your permission.

We use "cookies" to enable our server to recognize you as a returning customer and facilitate the login process. (See Security, below.)

We may collect, analyze and share aggregate statistics about all of our customers to provide better service (for example, determining which titles or topics are in greatest demand). No such data will identify, or allow the identification of, any individual customer, e-mail address, or other personal information. The only exceptions are (1) if the disclosure is required by law (such as by a court order), (2) the disclosure is necessary to serve you (such as addressing the envelope to you, or obtaining the return of the merchandise), or (3) the disclosure is necessary to prevent loss or damage to our business.

You can expect every e-mail message that we send to you will contain an ΄unsubscribe‘ link at the bottom.

Security

In support of our privacy policy, we use encryption to protect credit card information. After we decrypt the credit card information to make a charge, we destroy the decrypted version.

Please keep in mind that security can be increased on your end too. If you choose to use the express ordering feature to speed future orders without having to re-enter your account information, anyone else using your computer may be able to place orders from it, for which you would be responsible. It is up to you to secure your computer against unauthorized uses and, in particular, use the ΄log out‘ link on our website before closing the browser.

Age

The HeavyInk service is available only to persons 18 or over, and you certify that you are 18 years old or older. This is important to us both because of some states’ limitations on the enforceability of contracts with persons under 18, and also because some of our comic books involve material that may not be appropriate for minors, at least not without parental consent.

Billing

When you agree to pay for the merchandise that you buy, you authorize us to charge the credit card account you provide. You also agree that in the event that any authorized charge is rejected, you will promptly pay using an alternate method. If you sign up for a subscription, you agree that we will charge your credit card in following months during the term of your subscription when we ship new items, and that if your credit card is terminated for any reason during the subscription period you will promptly provide an active substitute. NOTE: We try to keep prices competitive, but they could change at any time, for any reason. We will notify you of any price increases during the term of the subscription. It is up to you to decide whether to terminate the subscription by notifying us or to accept the new rate by continuing to receive future issues.

Defective Merchandise

If you receive a product from us that is defective, you may notify us of the condition in which it was received and exchange it for another copy of the same title (provided copies are available), exchange it for a different title, or keep a credit for a future purchase.

Please keep in mind that comics are notoriously fragile, and it is common in the industry that even new comics may have minor blemishes. Accordingly, this is how we agree to identify "defective" merchandise:

First, merchandise that cannot be read (missing or blank pages, smeared ink, and so on) is defective. We also consider "defective" to include any major defects that, though not impairing readability, would substantially interfere with the average reader’s enjoyment. These would include permanent creases, dog-eared corners, or printing imperfections that make reading more difficult.

Second, although comic books that we receive "new" from our suppliers are in fact new in that they have not been sold at retail, they may have traveled a ways before getting to you. They may not be in "mint" or "near mint" condition. They may have been shipped or handled by sales personnel, even though they are still new. It is typical for a new comic book that traveled a long way to get to you to have a few minor blemishes to show for it, including small spine cracks and slight bindery or printing defects (such as, for example, a cover that has been cut a little crooked, or a page with an irregular edge). These minor faults are expected, and we will not accept returns on such comics.

Third, "defective" does not mean lost or damaged in transit to you.

Return of Merchandise

Defective merchandise (as defined above) or insured merchandise that was delivered damaged may be returned within one week after it arrives, complete with all packaging and any accompanying written material. If postage is paid by you, your return postage cost will be refunded. If you use a postage-paid return sticker, that means that we pay the postage.

Send returns to:
HeavyInk
7 Central St.
Suite 140
Arlington, MA 02476

Copyrights

HeavyInk owns only lawfully made (i.e., non-infringing) copies of the comic books that it sells. But we do not own the copyrights. We can only transfer ownership (sale) of the comic book to you, and you may re-sell it, lend it, rent it or give it away, as the law allows, but we cannot and do not authorize you to copy it. Keep in mind, also, that our use of a portion of the comic book art to promote its sale to you, or a sample review snippet to help you choose which ones are right for you, has either been authorized by the copyright owner or by law, but the fact that we are authorized to display the artwork on our website does not mean you are authorized to copy it, and we have no right to grant such authorization. (See Title 17 of the United States Code, sections 106-122, or contact the copyright owner directly for permission.)

Trademarks

"HeavyInk" its logo are service marks of HeavyInk. The trademarks of others may identify the comic books that we offer. No license is being provided to use any of these trademarks.

Linked Sites

We may provide links to material on websites other than ours. We make no representations concerning the accuracy of those sites or the privacy or other policies of those site operators.

Your Contributions

We provide an opportunity for our customers to contribute blog posts, forum posts, comments, images, reviews of and comments on any comic books, the comic book industry, or related topics, and we offer an interface for that purpose. You agree that if you choose to provide a review or comments you are also providing your permission to reproduce and post your review or comments for public display on the website, including use in compilations of reviews. The same holds true for any unsolicited reviews or comments you submit by e-mail unless you conspicuously indicate at the beginning of your review that it is "not for publication.‘"

By contributing content, you represent to us that the material you post constitutes your own work of authorship, and that posting it by you does not infringe any copyrights or otherwise damage anyone else’s rights.

And, although it goes without saying, we will say it anyway: You agree that you will abide by the law in all of your submissions, and take full responsibility if the law should come knocking. We hope you will also show good taste and wonderful insight! Although we will not baby-sit the discussions, and expect all contributors to self-moderate, we do reserve the right to remove posts that we believe are in poor taste or that might tend to disgust most readers. We also reserve the right to remove any posts we happen to run across that we believe to be libelous, malicious, or illegal. In particular, if we receive notice that a post infringes anyone’s copyright, we will follow the procedure set for the 17 U.S.C. § 512 (the "notice and take-down" procedure set forth in the Digital Millennium Copyright Act, or "DMCA").

Warning and Disclaimer

HeavyInk offers comic books written and published by others, and is not responsible for their content. For that reason, even if you have a complaint with the author of one of our comic books, WE WANT TO MAKE CLEAR, IN NO UNCERTAIN TERMS, that as far as HeavyInk is concerned YOU ASSUME FULL RESPONSIBILITY for what you read, both in the comic books and on this website.

What does this mean? It means that if the comic book contents invade your dreams, if you get hooked and skip work, if your loved one leaves you because you can’t stop talking about them, or if you drop everything and become a comic book writer, you cannot and will not sue HeavyInk, even if the comic books caused you to do so. If you so much as get a paper cut, hyperventilate while reading, or pull a back muscle lifting your collection, it is all your fault as far as HeavyInk is concerned. If you get upset with someone else’s comment about your favorite character and smash a window, you agree to leave us out of it.

Communications

You agree to provide us with an active e-mail address; you consent to receiving business-related e-mail communications from us using that e-mail address, and agree that notices relating to your account will be effective if sent to the e-mail address you provided.

Disagreements

Let’s hope we never have a disagreement we can’t resolve in a minute or two, but if it ever comes to litigation, you and HeavyInk agree that all issues shall be resolved by binding arbitration in the state of Massachusetts, and that if any issue goes to court, only the state or federal courts of Massachusetts shall have jurisdiction over any dispute relating to HeavyInk’s service or these Terms and Conditions, that Massachusetts law will apply, and that you irrevocably consent to personal jurisdiction and venue in these Massachusetts courts.

Designated Agent Under DMCA Section 512

Changes

HeavyInk reserves the right to change these Terms and Conditions at any time, but you will only be bound by the changes if you continue to purchase from us after the changes are posted.