Updated and effective as of September 26, 2017
Previous version – February 23, 2013
The Marvel Unlimited digital comics subscription service, (the "Marvel Unlimited Service" or “Marvel Unlimited”) is provided to its members by Marvel Worldwide, Inc. or its affiliate(s) ("Marvel"). The Content (defined below) of the Marvel Unlimited Service is accessible via a mobile app for use on compatible devices (the "App") and a website (as of the effective date of these terms, www.marvel.com/unlimited) ("Website"). The Marvel Unlimited Service may also include or offer other products and/or services that may be added by Marvel from time to time.
Please read these terms and conditions of use ("Marvel Unlimited Terms") before using the Marvel Unlimited Service. You agree to these terms and conditions of use during the sign up process and by your subsequent use of, and access to, the Marvel Unlimited Service. If you do not agree with any part of these terms and conditions of use, then you may not use the Marvel Unlimited Service or download or access the App, Website, or any Content and you must cancel your subscription immediately.
These Marvel Unlimited Terms are supplemental to the Marvel Terms of Use ("Marvel Terms of Use"), which are located here and incorporated herein by reference, and you agree to be bound by both such terms of use. If any term in the Marvel Terms of Use conflicts with or contradicts the Marvel Unlimited Terms then these Marvel Unlimited Terms shall control. These Marvel Unlimited Terms together with the Marvel Terms of Use form your agreement with Marvel with respect to your membership and your use of the Marvel Unlimited Service including streaming, downloading and accessing any Content via the Marvel Unlimited Service. The Marvel Unlimited Service, App, and/or Website, together with the Content and any other products or services made available to you as a Marvel Unlimited Service member, is a Disney Service (as defined in the Marvel Terms of Use).
For the purposes of these Marvel Unlimited Terms, “Content” shall mean all audio, video, images, text and other content and experiences made available to Marvel Unlimited Service members.
The Marvel Unlimited Service is an automatically renewing subscription-based service that allows members to access a library of select Marvel digital comics on the App and Website. The Marvel Unlimited Service is updated on a weekly basis to add additional digital comics.
The Marvel Unlimited Service is offered at three membership tiers: Monthly, Annual, and Annual Plus. Membership benefits and associated fees for each tier can be found on the Marvel Unlimited Sell Page.
A person who signs up for a Marvel Unlimited Service membership and who provides payment method details and/or redeems a Gift Membership will be the account owner of their Marvel Unlimited Account (each, an “Account Owner”). To become the Account Owner, you must: (i) be a private individual aged 18 years or older; (ii) hold a valid credit card; and (iii) hold a Marvel Insider (https://marvel.com/register) account(“Marvel Account”). Account Owners of Marvel Unlimited Annual Plus Memberships must also be U.S. residents.
The Account Owner is responsible for providing (and keeping updated) true and accurate information during the sign up process and the life of their Marvel Unlimited Service membership. The Account Owner's registered Marvel Account password controls their Marvel Unlimited Account as well as their Marvel Account and must not be shared with anyone else. You must not reveal your payment method details or any password associated with your Marvel Unlimited Account to anyone else for any reason. This will ensure, among other things, that no one else will be able to contact Marvel Customer Service and make changes to your Marvel Account or Marvel Unlimited Account without your authorization.
By clicking the "Place Your Order", "I agree", or any similar button to accept these Marvel Unlimited Terms, by using the Marvel Unlimited Service, or by accessing the Content, the Account Owner agrees and confirms that he/she (i) is a private individual aged 18 years or older and takes responsibility for all access to and use of the Marvel Unlimited Service and the Content, (ii) if signing up for or accessing a Marvel Unlimited Annual Plus membership, is a U.S. resident, and (iii) agrees to be bound by these Marvel Unlimited Terms and any other terms incorporated by reference herein.
Upon expiration of the initial subscription term of your membership, your membership will automatically renew for the same duration as the initial subscription term (e.g., one month, one year, or any other term then-offered by Marvel). You can cancel any time after you have signed up by following the instructions set forth in Section 8, but you will continue to have membership access and be charged through the end of your subscription term, at which time you will not be billed again.
Except where prohibited by law, for all automatically renewing subscriptions of less than one (1) year, you agree that Marvel is not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.
For yearly automatically renewing subscriptions, you agree that Marvel is not obligated to send you any renewal or advance billing notices, other than one notice via e-mail, no less than 30 days and no more than 60 days before the end of the then-current annual subscription term, which indicates: (i) the date on which the renewal will be effective; (ii) sufficient information regarding the credit card being charged for the individual to verify the continued use of such card, without providing full card details; (iii) how to cancel your subscription, (iv) the amount your credit card will be charged at the time of renewal (including taxes, if applicable); (v) the length of the subscription term which the new charge enables; and (vi) the deadline by which you must cancel to avoid any charges including renewal of your subscription.
Please check the Frequently Asked Questions (FAQ) (https://marvel.com/help) first for any questions about the Marvel Unlimited Service including the App. If your question is not answered please contact Marvel Customer Service at 1-844-362-7835 (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT) or email Onlinesupport@marvel.com (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT).
Account Owners agree to receive service-related communications from Marvel relating to the Marvel Unlimited Service and Content in electronic form. Marvel may send you emails and in-app messages about your account and about Content and other features of the Marvel Unlimited Service. Marvel may also send notifications to your authorized device/s unless you disable these within the App settings or your device notification settings. Please remember anyone using your authorized device/s will be able to see these notifications.
The Marvel Unlimited Service may contain advertising, promotions, offers and other recommendations for products and services of the Marvel and The Walt Disney Company family of companies.
Your Marvel Unlimited Service membership may start with a free or discounted promotional membership (each a “Promotional Membership”). The period of your Promotional Membership is as specified during sign-up (e.g., one month, three months). For combinations with other offers, restrictions may apply, as stated in such offer(s). Except as otherwise expressly stated, Promotional Memberships are not available to anyone who is a member in good standing of Marvel Unlimited during the period during which the Promotional Membership is offered. If you become a member as a result of receiving a Marvel Unlimited Gift Membership you will not be entitled to redeem a Promotional Membership during the term of their Promotional Membership. Marvel reserves the right, in its absolute discretion, to determine your eligibility for any Promotional Membership offered.
For free Promotional memberships, Marvel may take a payment method from you when signing up to a Promotional Membership for authentication purposes, however, nothing will be charged at that time (with the exception of a temporary hold (of de minimis charge) that may be placed for card validation purposes). Marvel will only begin billing your chosen payment method for monthly or annual membership fees (as applicable) following the end of the free Promotional Membership period, unless you cancel prior to the end of the free Promotional Membership period. You can access details of your membership, including the monthly or annual fee (as applicable) and end date of your free Promotional Membership period and how to cancel in My Account, available to view by signing in on the Website.
You agree that you will not receive a notice from Marvel that your Promotional Membership period is about to end or has ended or that your paid membership has begun. Marvel will continue to bill your chosen payment method on a monthly or annual basis (as applicable) for your membership fee until you cancel. For more information on cancellation see Section 8 below.
You hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. All charges are based on the applicable U.S. Dollar purchase price plus tax, if applicable, and are subject to foreign exchange rates (if applicable) and other fees that the institution issuing your credit card may impose, including foreign transaction fees.
Your right to use the Marvel Unlimited Service is conditional upon Marvel's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
When accessing the Marvel Unlimited Service over a mobile network, you may be using your data allowance. Marvel is not responsible for any network or data charges you may incur in using the Marvel Unlimited Service.
By starting your Marvel Unlimited Service Monthly membership and providing a payment method, you authorize Marvel to charge you a monthly membership fee at the then-current rate, plus tax, if applicable (the “Monthly Fee”). Marvel will not charge you a membership fee for any period in which you have redeemed a free Promotional Membership of the Marvel Unlimited Service or Marvel Unlimited Gift Membership. In the event that Marvel offers a promotional discount on membership fees, if you have properly redeemed such a promotion Marvel will reduce your membership fee by the appropriate amount for any relevant period.
The Monthly Fee will be charged at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel. Marvel automatically charges your payment method each month on or around the calendar day corresponding to the commencement of your paying membership.. Marvel reserves the right to change the timing of charging for any reason, including, in the event that your payment method is not valid when we attempt to charge it. To view your next renewal date go to My Account on the Website.
By starting your Marvel Unlimited Service Annual or Annual Plus membership and providing a payment method, you authorize Marvel to charge you an annual membership fee at the then-current rate, plus tax, if applicable (the “Annual Fee”). Marvel will not charge you a membership fee for any period in which you have redeemed a free Promotional Membership of the Marvel Unlimited Service or Marvel Unlimited Gift Membership. In the event that Marvel offers a promotional discount on membership fees, if you have properly redeemed such a promotion Marvel will reduce your membership fee by the appropriate amount for any relevant period.
The Annual Fee will be charged at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel. Marvel automatically charges your payment method each year on or around the calendar day corresponding to the commencement of your paying membership. Marvel reserves the right to change the timing of charging for any reason, including, in the event that your payment method is not valid when we attempt to charge it. To view your next renewal date go to My Account on the Website.
You are responsible for keeping your payment method details up-to-date by changing the details in My Account on the Website when necessary.
If your chosen payment method details change or are due to expire during the life of your membership, Marvel may contact you and/or obtain from your payment card provider updated details including your card number, expiry date and CVV (or equivalent).
If a payment is not successfully authorized, due to expiration or otherwise, Marvel reserves the right to terminate your Marvel Unlimited membership.
Payments are nonrefundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, Marvel may provide a refund, discount, or other consideration to any one or more Marvel Unlimited member, at Marvel's sole and absolute discretion and without admission of fault or liability. The provision of credits on one occasion does not entitle you to credits in the future even for similar reasons, nor does it obligate Marvel to provide credits in the future, under any circumstance.
Nothing in this section affects your statutory rights.
By starting your Marvel Unlimited Service membership through in-App subscription with a third party (e.g. Apple/iTunes) and providing a payment method, you agree to pay a monthly (or such other period specified during sign up) membership fee at the then-current rate (plus tax, if applicable) charged by such third party until cancelled. Such fees are subject to the third party’s pricing policies (including those with respect to exchange rates), which may differ from Marvel’s pricing policies.
Purchases or transactions carried out via the App are subject to these Marvel Unlimited Terms and the third party's current app store terms and conditions of sale (including any applicable usage rules). Important information on the applicable terms of sale, payments, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party's terms and conditions.
In order to be billed through the third party you must log in to authenticate your account with that third party for membership purchases. If you are a valid account holder with the third party but under the age of 18 you may sign up for the Marvel Unlimited Service only if your parent’s parental control settings on the third party platform permit you to do so.
Marvel Unlimited Annual Plus memberships are not available for purchase through in-App subscription with a third party.
If you signed up with a third party and are paying your membership fee to a third party, and wish to change your payment method, you will need to do so through that third party, including by visiting your account with that third party. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Any price changes to the Marvel Unlimited Service will be handled in accordance with the third party's terms and conditions.
Marvel reserves the right to vary the pricing for the Marvel Unlimited Service or any part of the services Marvel makes available to you in any manner and at any time as Marvel may determine in Marvel's sole and absolute discretion. Any price changes that affect you will take effect no earlier than 30 days following email notice to the Account Owner.
You may cancel your Marvel Unlimited membership at any time, which will take effect at the end of your current billing period (or Promotional Membership period, as applicable); you will continue to have access to the Marvel Unlimited Service until the end of your current billing period (or Promotional Membership period, as applicable). Marvel does not provide refunds or credits for partially used billing period. If you cancel your membership during a Promotional Membership period in accordance with the terms of such promotion, then you will not be charged a membership fee, and you will lose your access to the Marvel Unlimited Service upon the expiry of your Promotional Membership period.
If you signed up for Marvel Unlimited on the Website, then to cancel your Marvel Unlimited Service membership, you must use one of the following methods of cancellation prior to your next renewal date:
Once you have cancelled in accordance with one of the above methods, your Marvel Unlimited account will automatically close at the end of your then-current billing period (i.e., on your next renewal date), at which time your access to the Marvel Unlimited Service will also terminate. To see when your Marvel Unlimited account will close, go to My Account on the Website.
UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW.
In some cases, European law provides an additional legal right to cancel, however when you signed up to Marvel Unlimited you consented to the immediate start of your subscription and by doing so acknowledged that this additional legal right to cancel no longer applies.
This right is additional to, and does not affect, your right to cancel your membership at any time in accordance with the terms above of this section.
If you signed up with and are paying your membership fee for the Marvel Unlimited Service to a third party (e.g. Apple/iTunes), and wish to cancel your membership (including during your Promotional Membership), you must do so through that third party. Steps to cancel may include visiting your account with that third party and turning off auto-renew for, or unsubscribing from, the Marvel Unlimited Service through that third party. You may also find billing information about your Marvel Unlimited Service membership by visiting your account with the third party you are paying. Please contact that third party to find out how to cancel your membership correctly with them. Marvel is not able to cancel your membership where you have signed up through a third party and Marvel is not responsible to you for any charges you incur where you have not cancelled with them in accordance with their processes.
For more information on canceling your membership through Apple iTunes, go here.
To purchase a Marvel Unlimited gift membership (“Gift Membership”), you must have a Marvel Account and valid credit card.
Marvel Unlimited gift redemption codes can only be redeemed by users aged 13 or older. Please note that Gift Memberships for Marvel Unlimited Annual Plus may only be redeemed by gift recipients residing in the United States.
Gift Memberships and redemption codes cannot be resold, returned, or exchanged for cash. For combinations with other offers, restrictions may apply, including that a person cannot sign-up for a Promotional Membership after they have already redeemed a Marvel Unlimited Gift Membership, see full Marvel Unlimited Terms for more details.
Gift Memberships must be redeemed prior to the expiration date of the gift redemption code stated in the gift email. Marvel will not accept liability for lost or stolen gift emails and/or gift redemption codes or any unauthorized use. Keep Marvel Unlimited gift emails and gift redemption codes safe and treat like cash. Risk and title for Marvel Unlimited gift emails (including the gift redemption codes contained therein) passes upon Marvel's electronic transmission to the purchaser or their designated recipient. Any Marvel Unlimited gift email or gift redemption code which appears (at the absolute discretion of Marvel) to be counterfeit or being used fraudulently will not be accepted. In case of problems with receipt, redemption and/or where the code appears defective, or for any other questions, please contact Marvel Customer Service at 1-844-362-7835 (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT) or email Onlinesupport@marvel.com (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT). Marvel's sole liability to you in the event of a defective code will be to provide a replacement code to redeem.
Marvel reserves the right to amend Gift Membership terms and conditions at any time.
Marvel reserves the right to take appropriate action, including the cancellation of any code or active Gift Membership if, in its discretion, it deems such action necessary.
Purchase and/or use of any Marvel Unlimited gift redemption code demonstrates acceptance of the Marvel Unlimited Terms.
Marvel Unlimited gift redemption codes (which can be emailed directly to the gift recipient) are available for purchase online by contacting Marvel Customer Service at 1-844-362-7835 or Onlinesupport@marvel.com (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT).
Gift Memberships may not be returned and are not eligible for any refund.
Gift recipients who have redeemed a Gift Membership and wish to cancel their membership should use follow the cancellation instructions set forth in these Marvel Unlimited Terms.
Already a Marvel Unlimited Account Owner?
If you are already a Marvel Unlimited Account Owner (including on a free Promotional Membership), then please call Marvel Customer Service at 1-844-362-7835 (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT) to redeem your gift.
New to Marvel Unlimited?
To redeem your Gift Membership:
If you did not have an existing Marvel Unlimited account, when you successfully redeem your Gift Membership, your Gift Membership period will start immediately.
Marvel Unlimited Annual Plus Account Owners receive, as part of their membership, certain discounts, offers, and experiential opportunities that are not offered to Account Owners of Marvel Unlimited Monthly or Annual memberships. Such benefits include, as of the Effective Date of these Marvel Unlimited Terms:
Marvel reserves the right to offer certain benefits (including those listed above) from time to time. You acknowledge and agree that an offer for a specific benefit does not constitute a guarantee that such benefit will be offered again in the future.
From time to time, Marvel may offer or otherwise make available promotions or offers as a benefit in connection with your Marvel Unlimited membership, including those provided as part of a promotion with a Marvel promotional partner. Promotions or offers may be redeemed as described in their relevant promotion/offer terms and conditions.
Promotions and offers can only be used once (unless otherwise stated), and cannot be redeemed for cash. For combinations with other offers, including a Promotional Membership, restrictions may apply, see the relevant promotion/offer terms and conditions for details. If you have received a promotion or offer by a third party, additional and/or different terms and conditions may apply.
Marvel may change any of the Marvel Unlimited Terms or Marvel Terms of Use at any time. Any significant amendment will be effective thirty (30) days following the earlier of Marvel either sending an email notice and/or in-app message to the Account Owner or posting the amendment on the Marvel Unlimited Service. Other amendments will be effective immediately on Marvel either sending an email notice and/or in-app message to the Account Owner or posting the amendment on the Marvel Unlimited Service.
The most current version of these Marvel Unlimited Terms and the Marvel Terms of Use will be available to access via the App and the Website and will automatically apply to all new Marvel Unlimited Service memberships. Your continued use of the Marvel Unlimited Service constitutes your acceptance of any changes to the Marvel Unlimited Terms and the Marvel Terms of Use. If you do not agree to any change to these Marvel Unlimited Terms or the Marvel Terms of Use, you must cancel your Marvel Unlimited Service membership, delete the App and discontinue use of the Marvel Unlimited Service.
The Marvel Unlimited Service (including any Content offered in connection with it) is available only to residents of countries where we offer our service, which may change from time to time at Marvel’s sole discretion (such countries, the “Territory”) or as otherwise required by law. Account Owners who have purchased a Marvel Unlimited membership within the Territory may access their membership in any other country within the Territory.
Marvel Unlimited Annual Plus memberships are only available to residents of the United States.
By using the Marvel Unlimited Service you represent and warrant that you are not located in any U.S. embargoed country or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
Marvel Unlimited is available only in English.
You must have an internet connection and Marvel Account to use the Marvel Unlimited Service.
The Marvel Unlimited Service is compatible with compatible Internet-connected (broadband recommended) Windows® PC, Mac, iPad®, iPhone®, iPod touch® and Android™ devices. Please see the Marvel Unlimited offer page for the latest list of compatible operating systems and devices, that may be updated from time to time. To enjoy the full experience of the Marvel Unlimited Service you should download the latest version of the App on a compatible device.
Account Owners who purchase their subscription via the Website must register and/or login to their Marvel Account in order to access the Marvel Unlimited Service or the Content. Account Owners who purchase their subscription through in-App subscription must be signed into their account on the applicable third party platform in order to access the Marvel Unlimited Service or the Content. Account Owners who purchase their subscription to the Marvel Unlimited Service through in-App subscription with a third party will not be able to access the Marvel Unlimited Service via the Website unless they create a Marvel Account and link their Marvel Account to their purchase through the third party service within the App.
The Marvel Unlimited App and its Content can be downloaded onto and used on up to five (5) authorized devices (at any one time), subject to any applicable third party restrictions (e.g., Apple’s Licensed Application End User License Agreement or the equivalent(s)).
The Marvel Unlimited Service is licensed (not sold) and members are granted a limited non-exclusive, non-sublicensable, non-transferable license for the duration of their membership subscription to use the Marvel Unlimited Service for their personal non-commercial use only. No copies of the Marvel Unlimited Service, App, Website or the Content are allowed.
Marvel grants Account Owners a limited right in accordance with the Marvel Unlimited Terms and for the duration of their membership subscription to download, install and use the Marvel Unlimited Service and/or the App, and to stream, download, re-download, store, display and view the Content which they are entitled to access via the Marvel Unlimited Service within the limits and restrictions imposed by the functionality of the Marvel Unlimited Service provided that the Marvel Unlimited Service is available and the Content has not been withdrawn from the Marvel Unlimited Service.
Account Owners do not have any commercial or promotional use rights in the Marvel Unlimited Service.
In connection with your use of the Service, you acknowledge and agree that you will not:
You may not use the Marvel Unlimited Service in any manner that could damage, disable, overburden or impair Marvel's servers or networks, or interfere with any other user's use and enjoyment of the Marvel Unlimited Service. Furthermore, you may not attempt to gain unauthorized access to any of the Marvel Unlimited Service, other Website services, accounts, computer systems or networks connected to Marvel through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
The availability of Content may change from time to time and Account Owners agree that Marvel may at its discretion add or withdraw Content from the Marvel Unlimited Service at any time, with or without notice.
The Marvel Unlimited Service may not be available during any maintenance or update periods or any power or server outages or for other reasons outside of Marvel's control. Marvel will endeavor to ensure that the Website, App, and Marvel Unlimited Service are consistently available and error-free, although Marvel cannot guarantee this. If Marvel needs to suspend or restrict access to, or update, the Marvel Unlimited Service or Content, Marvel will endeavor to minimize any disruption to you.
There may also be times when Marvel has to remove certain devices or platforms from being able to access the Marvel Unlimited Service. Marvel will do its best to let you know of any of these changes, usage rules and restrictions, where necessary.
Marvel Unlimited Account Owners have the right to download up to twelve (12) digital comics for offline access. Marvel may change the number of permitted downloads from time to time, and will notify Account Owners prior to any such change.
Marvel reserves the right, at its sole discretion and if your local law allows Marvel, to change, modify, add to, or delete any elements comprising the Marvel Unlimited Service including the Content. Your use of any updates, modifications to, or replacement versions of, the Marvel Unlimited Service shall be governed by the Marvel Unlimited Terms and any additional terms you agree to when you install such update, modification, or replacement version.
If Marvel decides to discontinue the Marvel Unlimited Service, Marvel will give you at least ninety (90) calendar days' prior notice. In the event that Marvel changes or discontinues any part of the Marvel Unlimited Service, you acknowledge that you may no longer be able to access Content to the same extent, or at all, as you may have done prior to the change or discontinuation. In no event will Marvel be liable in any way for the discontinuation of the Marvel Unlimited Service, the removal of or disabling of access to the Marvel Unlimited Service or other materials or for the withdrawal of any Content. Your sole remedy in the event of discontinuation of the Marvel Unlimited Service is to cancel your membership.
You agree that Marvel may in its sole discretion and without notice or liability to you or prior intervention of a court or arbitral body, restrict, suspend, or terminate your access to part or all of the Marvel Unlimited Service and to any Content if Marvel has objective reason to believe you are using or have used the Marvel Unlimited Service, the App, Website or Content in violation of the Marvel Unlimited Terms, the Marvel Terms of Use or in any manner other than for its intended purpose or illegally. Marvel may also restrict or suspend your access to your Marvel Unlimited Account following an email notification to you if: (a) Marvel is required to by law or regulation, (b) unexpected technical issues or problems, or (c) if Marvel reasonably believes that your Marvel Unlimited Account has been created fraudulently, or has been accessed fraudulently, or anyone uses your Marvel Unlimited Account for unlawful purposes or for other than its intended purpose. You agree that, if your local law allows Marvel, Marvel will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to the Marvel Unlimited Service, your Marvel Account or any Content.
On termination of your Marvel Unlimited Account, whether terminated by you or by Marvel, you will immediately lose the right to access Content at the end of your then-current subscription term.
Please contact Marvel Customer Service at 1-844-362-7835 (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT) or email Onlinesupport@marvel.com (Hours of Operation: Monday-Friday 8:30 am to 5:30 pm CT) for assistance if the Marvel Unlimited Service is not working properly. Marvel will check the Marvel Unlimited Service and try to fix problems with the operation of the Marvel Unlimited Service as soon as reasonably possible. If Marvel determines that there is a fault with the operation of the Marvel Unlimited Service and isn't able to fix the problem with the operation of the Marvel Unlimited Service in a reasonable period of time, then you may be entitled to a full or partial refund for membership fees you have paid (if any).
Please note that Marvel is not responsible for any lack of functionality or failure to provide any part of the Marvel Unlimited Service or any Content, or any loss of content or data that is due to: (1) your equipment, devices, operating system or Internet connection, (2) your failure to download the most recent published version of the App, or (3) your failure to meet the compatibility requirements for the service , including as a result of your equipment, device, operating system or Internet connection.
Marvel reserves the right to take appropriate action, including the cancellation of any Marvel Unlimited Membership if, in its discretion, it deems such action necessary.
The Marvel Unlimited Terms do not affect your statutory rights.
Marvel warrants that the Marvel Unlimited Service will be: (a) of satisfactory quality; (b) fit for purpose; and (c) as described in these Marvel Unlimited Terms.
Nothing in the Marvel Unlimited Terms shall exclude or restrict liability for fraud or for death or personal injury caused by negligence, damages caused by gross negligence or willful misconduct or any other liability which cannot be restricted or excluded by law.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARVEL NOR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE MARVEL UNLIMITED CONTENT, WEBSITE, APP AND/OR SERVICE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE MARVEL UNLIMITED CONTENT, WEBSITE, APP AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, IF MARVEL IS HELD LIABLE UNDER THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR WEBSITE OR ANY APP (WHETHER OR NOT ASSOCIATED WITH THIS SERVICE), OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED.
YOU EXPRESSLY AGREE AS A CONDITION OF USING THE MARVEL UNLIMITED SERVICE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MARVEL OR THE RELEASED PARTIES NOR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE MARVEL UNLIMITED CONTENT, SERVICE, WEBSITE AND/OR APP; (ii) ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WEBSITE AND/OR APP; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE VIA THE SERVICE, WEBSITE AND/OR APP; (iv) ANY PRODUCT OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH THE MARVEL UNLIMITED CONTENT, SERVICE, WEBSITE AND/OR APP; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE, WEBSITE AND/OR APP; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT AVAILABLE VIA THE MARVEL UNLIMITED SERVICE, WEBSITE AND/OR APP, or (vii) ANY OTHER MATTER RELATING TO THE MARVEL UNLIMITED CONTENT, SERVICE, WEBSITE AND/OR APP. IN NO EVENT SHALL RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH THE MARVEL UNLIMITED SERVICE, WEBSITE AND/OR APP, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Use of the Account Owner's personal information (and personal information of all sub-profiles or Family Members) will be subject to the Marvel Privacy Policy and in addition the following:
In order to provide you easy access to your Marvel Unlimited Account and to help Marvel operate and administer the Marvel Unlimited Service, Marvel may use technology that enables it to recognize Account Owners and provide them with direct access to their Marvel Unlimited Account without requiring you to retype any password or other user identification when you revisit the Marvel Unlimited Service, which includes accessing via compatible devices or the Marvel Unlimited App or Website.
The Marvel Unlimited Service (and your use of your Marvel Account and/or Marvel Unlimited Account), by itself or together with Marvel's third party service providers, software, technologies or tools, may enable Marvel to collect and use data and other information about how Account Owners use and interact with the Marvel Unlimited Service including information on Content and pages viewed, search queries and usage or viewing behavior and technical information about devices used, device IDs or unique identifiers, operating system, browser type and version, connection details and IP addresses. Marvel collects information provided by the Account Owner including payment method details, names, email address, login password, and Content use. Marvel also collects information and data about any calls or interactions with Marvel Customer Service including channel used to contact, reason for contact, resolution of the contact and transcripts of emails, calls or chats.
Marvel uses all the data and information it collects in accordance with applicable law, including in order to improve and personalize the Marvel Unlimited Service for the Account Owner, to keep Marvel Unlimited Service and Content preferences up to date, to make Content recommendations, and to investigate unauthorized uses of the Marvel Unlimited Service.
Marvel may also use analytics technologies to collect aggregate anonymised statistics in order to monitor and evaluate the use and operation of the Marvel Unlimited Service. These statistics are used to troubleshoot and improve the Marvel Unlimited Service.
From time to time, Marvel or a third party on Marvel's behalf may invite members to participate in market research or surveys.
You may not remove, alter or in any way tamper with or remove any copyright notices or other proprietary markings included in the Marvel Unlimited Service, the App, the Website or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the Marvel Unlimited Service, the App, the Website or any Content made available in the Marvel Unlimited Service other than as expressly authorized by your local law or the Marvel Unlimited Terms shall constitute an act of copyright infringement or infringement of any other applicable intellectual property right and a breach of the Marvel Unlimited Terms. In such case, Marvel may, at its sole discretion, without prior intervention of a court or arbitral body, terminate your Marvel Unlimited Account without notice and pursue any rights or remedies available to it.
The legal rights (including the intellectual property rights) in the Website, and App, and Marvel Unlimited Service, including any Content on them and the compilation of this Content are owned by Marvel, or licensed to Marvel by third parties. Marvel's Website, App, the Marvel Unlimited Service and the Content, including the compilation of the Content, are protected by copyright and other intellectual property rights.
If you access any social network/platform through the Marvel Unlimited Service, you agree to abide by the terms of use that apply to those networks/platforms. Additionally, when you use the App or Website, there may be links that take you outside of the App or Website to third party websites that are beyond Marvel's control and which are governed by different terms of use and privacy policies. The availability of access to social networks/platforms and third party websites through the App or Website does not represent Marvel's endorsement or responsibility for those platforms or websites.
The Terms of Use and your use of the Marvel Unlimited Service (including the App and the Website) shall be governed by the terms set forth in the Binding Arbitration and Class Action Waiver, Choice of Forum, and Choice of Law sections of the Marvel Terms of Use.
Each of the paragraphs in these Marvel Unlimited Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
These Marvel Unlimited Terms are an agreement between the Account Owner and Marvel. No other person has any rights to enforce any of its terms.
You may not transfer your rights or your obligations under these Marvel Unlimited Terms to anyone else without Marvel's written permission. Marvel may transfer its rights and obligations to a parent, affiliated, or subsidiary company, but this will not affect your rights under these Marvel Unlimited Terms.
If you subscribe to the Marvel Unlimited Service directly with Marvel on the Website and you download the App through a third party (e.g., Apple/iTunes or Google Play), you understand that the third party is not responsible for addressing any claims by you or any other person relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation; in addition, the third party is not responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim related to the App or your possession and use of the App.