Please Note: In the Terms and Conditions, all actions described and implied may be performed by ComicShares.Com at its sole discretion. We realize this is a long document, but we believe it is mostly common sense. If you have any questions or concerns, please e-mail us at info@gotcgc.com before completing the registration process.
About ComicShares.Com
ComicShares.Com provides an online marketplace, specializing in the acquisition of high-end collectible comic books and providing collectors the oppourtinity to become partial owners in these collectibles.
User Agreement
As part of the registration process to become a ComicShares.Com user, you must read and accept all of the terms and conditions contained in this Terms and Conditions of Use (User Agreement) and the Privacy Policy.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to ComicShares.Com, to understand our practices.
Your ComicShares.Com Account
Certain sections of ComicShares.Com require registration to
access and use information and services. If you, as the user, elects to register, you
agree to provide ComicShares.Com with accurate and complete registration information. You will inform ComicShares.Com of any changes to your registration information by editing your profile. You
warrant that registration is for a single person only.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. ComicShares.Com user accounts may only be obtained by adults who can form legally binding contracts under applicable law. Persons under 18 do not qualify and should not use this site.
You, as the registered user, accept full responsibility for monitoring and safeguarding your account information and portfolio.
Your ComicShares.Com account will be the exclusive tool for managing all shares owned in ComicShares.Com items. Shares cannot be removed and must be kept in your online portfolio. Your online portfolio will contain all of your ownership shares, obtained via purchases on the Trading Floor or redemptions for Rewards Points.
If shares are incorrectly deposited into a portfolio, ComicShares.Com may remove the shares after an investigation. ComicShares.Com further reserves the right to remove shares that it deems to have been acquired by fraudulent means. ComicShares.Com will suspend and/or terminate an account if it is suspected that the user has engaged in fraudulent activity on the ComicShares.Com web-site.
Purchasing Shares
ComicShares.Com offers for sale a share in the ownership of a high-end, CGC-graded comic book. In order to purchase shares, the user's account must have funds available. Please see the Account Funding section below for details.
There will be two ways to purchase shares on ComicShares.Com: a purchase via the Trading Floor or a Pre-Fund IPO. The difference is that a collectible offered on the Trading Floor will be in the possession of ComicShares.Com when it is listed. An item offered through a Pre-Fund IPO is not owned by ComicShares.Com, but is available for sale and is targeted for purchase by ComicShares.Com.
Pre-Fund IPO (Initial Public Offering)
A collectible offered in the Pre-Fund IPO format will not be in the owned or in the possession of ComicShares.Com before the IPO is launched. This item is available for sale and is targeted for purchase by ComicShares.Com. The proceeds from the Pre-Fund IPO will be used to negotiate and purchase the item from the seller. For additional details, please read our Pre-Fund IPO FAQ. For each IPO, ComicShares.Com will determine and announce in advance, via either e-mail or the web-site, the quantity of shares to be sold and the initial offering price. There may also be a daily limit set on the number of shares that a member purchase. This daily limit may be raised, lowered or removed as dictated by supply and demand.
Rewards Points
The Rewards Points program is a loyalty program offered by ComicShares.Com. A user may accumulate Rewards Points through a number of means as outlined in the Rewards Points FAQ. Rewards Points may be redeemed through the Rewards Points page on a first-come, first-served basis for ownership shares in an item. There may be a daily limit set on the number of shares that a member may redeem.
Trading Floor Rules and Fees
The Trading Floor is the secondary market for buying and selling shares in a collectible item between ComicShares.Com users. The transaction is triggered by the user acceptance of an Open Sell or Buy Order. Upon acceptance, the users enter into a binding agreement to proceed with the transaction at the accepted price. The buyer's account must have enough funds to cover the cost of the purchase.
A 5% transaction fee is charged by ComicShares.Com to the seller in the transaction. There are no fees or premium charged to the buyer.
Account Funding/Deposits
The main process for funding a user's ComicShares.Com account is via the PayPal online payment system. The funds must come from a verified PayPal account as funds from non-verified PayPal accounts will be denied. Most PayPal payments will usually be credited to a user's account within 1 business day of receipt. PayPal payments made by eCheck will be credited after they have been cleared by PayPal (usually 5 business days). The minimum amount for funding an account via PayPal is $25.00.
Funds will also be accepted by check or money order. Funds from money order will be credited to the user's account upon receipt. Checks will be credited to the user's account after it has cleared (minimum of 4 business days).
Bad Payments (Chargebacks and Bounced Checks)
If the funds from a PayPal payment are returned (normally referred to as a "Chargeback") for any reason, the account of the user who submitted the payment will be suspended immediately and indefinitely until the payment can be cleared. The same penalty will be assessed for a bounced check in addition to a $25 NSF fee. The user will have 30 days from the date of the infraction to provide payment in full. If the payment has not been received at the end of the 30-day period, ComicShares.Com will liquidate shares in the user's account to settle payment and any outstanding fees resulting from the bad payment.
Account Withdrawals
A user may withdraw funds in their accounts at any time by completing the "Withdraw Funds" form. By default, the funds will be sent to the user's registered PayPal account. We suggest that users use a PayPal personal account to receive the funds to avoid PayPal processing fees.
The full amount will be sent to the user's PayPal account except where the funds were deposited via PayPal into the user's account less than 90 days ago and have not been used for any ComicShares.Com transactions. In these cases, a 5% withdrawal fee will be subtracted from the amount sent to the user's PayPal account.
A withdrawal may also be paid by check. This is also subject to the same 5% withdrawal fee for funds that were deposited via PayPal and not used for any ComicShares.Com transactions. In addition, there will be $2.00 processing fee for sending a payment by check. The user should expect to receive the check within 10 business days.
Item Storage
ComicShares.Com will store all items in a secure, climate-controlled environment to maximize the preservation of the items. Many of the high-priced items will be stored in a secure, off-site, climate-controlled environment.
Insurance
ComicShares.Com will insure the items for their full value. If the item is damaged, lost or stolen, the item will be removed from the Trading Floor and the insurance company will be notified. ComicShares.Com has no control over the insurance company's decision on the item's replacement value. ComicShares.Com is not responsible for any difference between the item's value at the time of its loss and the insurance company's replacement value. Proceeds from the insurance claim will be distributed to the ComicShares.Com accounts of the item's shareholders in proportion to their ownership of the item.
Sale of an Item
There may be circumstances where an item is sold from the ComicShares.Com portfolio. In all cases, at least 75% of the voting shares (one voting share per share owned) must approve the sale. The sale price for the remaining shares must be equal to the price per share of the last 15 transactions for the item.
One scenario for a sale is if a user accumulates a high percentage of an item (at least 50% of the shares for an item), the user may make an offer for the remaining shares. Another scenario is for a buyer to make an offer to purchase an item. In such a case, the buyer must make a down payment equal to at least 25% of the item's market value.
In any potential sale scenario, the item will be removed from the Trading Floor. A vote will be held to allow each owner to vote their shares for or against the trade. The voting window will be open for 7 days. At the end of the voting window, 75% of the shares voted must vote for the sale in order for the item to be sold. Users not submitting a vote will be treated as abstaining from the vote and will not be counted towards the voting totals. After payment has been received, the funds will be distributed to the ComicShares.Com accounts of the item's shareholders in proportion to their ownership of the item.
Closure of ComicShares.Com Market
At its sole discretion, ComicShares.Com may close down at any time. In this event, the Trading Floor will be closed. All items will be sold through a major CGC sales channel, such as ComicLink or Heritage Auction within 90 days of closure. As each item is sold and after payment has been received, the funds (minus any selling fees) will be distributed to the ComicShares.Com accounts of the item's shareholders in proportion to their ownership of the item.
General
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principals of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Alameda County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Change
This agreement is subject to change at any time and for any reason by ComicShares.Com. Users of the ComicShares.Com web-site will be notified by e-mail of any changes and will have to re-agree to this agreement before they can continue using the site.