We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the 'REVISED' legend at the top of these Terms. It is your responsibility to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Site; or any change in any fees or charges for use of the Site. As used herein, "creator", "publisher", "studio", and "author" are used interchangeably and refer to anyone or group responsible for content that is owned by an entity or licensed from entity.
When and if you set up your Comic Distro account and register to use the Site, you agree to
- (a) being at least sixteen (16) years old
- (b) providing accurate, current and complete information about yourself as prompted by our registration form (including your email address)
- (c) maintaining and updating your information (including your valid email address) to keep it accurate, current and complete
You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete,
- (1) you cannot claim a lack of notice on communications we have attempted to send to you that could materially affect your rights under the Terms
- (2) we reserve the right to terminate your access to and use of the Site.
2. Use of the Site
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Comic Distro to access to Site, we grant to you a non-exclusive, non-transferable, non-sub-licensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of Comic Distro or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Site without the written consent of Comic Distro. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Technical, maintenance and other issues may make the Site unavailable from time to time. COMIC DISTRO MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET USER'S PURPOSES. Comic Distro may in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 9 below. While using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; Violate any applicable laws or regulations
- Express or imply that any statements you make are endorsed by us, without our prior written consent
- Upload to, transmit through, or display on the Site
- (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights
- (b) any confidential, proprietary or trade secret information of any third party
- (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
- Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct
- Engage in spamming or flooding
- Attempt to upload images by any method to another user's account without permission
- Access or use (or attempt to access or use) another user's content without permission
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site
- "Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site
- Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
In the event that you post or upload to the Site in compliance with Section 2, or otherwise submit to or through Comic Distro as part of your use of the Site, any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Content"), you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers) and publicly display such Content, solely in connection with the Site. Should you decide to limit the access to and distribution of your Content, we will use commercially reasonable means to prevent such access and distribution. However, we cannot guarantee that these means will work all of the time. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Comic Distro are not proprietary to you, and can be used by Comic Distro and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Comic Distro.
You represent, warrant and covenant that:
- (i) you own or otherwise possess all necessary rights with respect to your Content
- (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party
- (iii) at Comic Distro's request, and without further consideration, you will promptly provide Comic Distro with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that Comic Distro may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Comic Distro reasonably determines to be necessary to protect its rights or the rights of others
- (iv) you will abide by the Content Policy and Guidelines posted on the Site
- (v) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual's likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms (including for purposes of promoting the Site), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Comic Distro a copy of any such consents, releases and/or permissions upon Comic Distro's request).
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion:
- (a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive)
- (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or
- (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that is reported more than a certain number of times may be automatically removed from the Site; provided, however, that Comic Distro has no obligation to remove Content in response to user reports or requests. Comic Distro is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site. WE RECOMMEND YOU KEEP BACK-UP COPIES OF YOUR CONTENT ON YOUR HARD DRIVE OR OTHER PERSONAL SYSTEM, AS THE SITE IS NOT INTENDED TO BE A BACK-UP SOLUTION FOR STORING YOUR CONTENT.
Comic Distro also reserves the right to:
- (1) reserve a portion of the back cover of a book of any published Content for placement of a unique identifying number and barcode (this number may be the Content's ISBN number, if an ISBN number is assigned), and
- (2) delete Content from Comic Distro's database after a defined period of time, as set forth in the then current policies of Comic Distro.
To ensure that Comic Distro remains a safe and respectful platform, we've created standards defining and prohibiting content that is harmful or inappropriate for our users.
Sexual Content and Profanity
Comic Distro doesn't allow content that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. Content that contains nudity may be allowed if the primary purpose is educational, documentary, scientific or artistic, and is not gratuitous.
Examples of common violations are:
- Depictions of sexual nudity, or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context.
- Depictions, animations or illustrations of sex acts, or sexually suggestive poses or the sexual depiction of body parts.
- Content that depicts or are functionally sexual aids, sex guides, illegal sexual themes and fetishes.
- Content that is lewd or profane - including but not limited to content which may contain profanity, slurs, explicit text, adult/sexual keywords in the catalog listing.
- Content that depicts, describes, or encourages bestiality.
- Content that promote sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation.
Comic Distro doesn't allow content that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
Examples of common violations are:
- Content or speech asserting that a protected group is inhuman, inferior or worthy of being hated.
- Content that contain hateful slurs, stereotypes, or theories about a protected group possessing negative characteristics (e.g. malicious, corrupt, evil, etc.), or explicitly or implicitly claims the group is a threat.
- Content or speech trying to encourage others to believe that people should be hated or discriminated against because they are a member of a protected group.
- Content which promotes hate symbols such as flags, symbols, insignias, paraphernalia or behaviors associated with hate groups.
Bullying and Harassment
Comic Distro doesn't allow content allow apps that contain or facilitate threats, harassment, or bullying.
Examples of common violations are:
- Bullying victims of international or religious conflicts.
- Content that seeks to exploit others, including extortion, blackmail, etc.
- Posting content in order to humiliate someone publicly.
- Harassing victims, or their friends and families, of a tragic event.
The Site may permit users to share their Content with other users, including but not limited to our user testimonials, user reviews, user comment functionality, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with Comic Distro. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Comic Distro. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Comic Distro, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Site.
Some features of the Site enable you to send and receive transmissions. You acknowledge and agree that Comic Distro has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Comic Distro reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Site and/or the amount of storage space available for transmissions or for any feature made available through the Site.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Comic Distro is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- (a) a physical or electronic signature of a person Creatorized to act on behalf of the owner of an 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 infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site
- (d) the name, address, telephone number and email address (if available) of the complaining party
- (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not Creatorized by the copyright owner, its agent or the law
- (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is Creatorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
7. Publishing through Comic Distro Site
If you wish to publish Content through Comic Distro Site, you will generally be provided the opportunity to direct how the Content should be published and conditions for distribution and sale. The publishing process converts your Content into print-ready files. You may use these converted files to distribute and/or sell your Content, as you choose, through Comic Distro and/or distribution channel partners.
Comic Distro shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote
- (a) the Creator or Creator's Work and/or
- (b) the Comic Distro service.
Comic Distro's distribution service feeds to third party selected online and trade retailers. Creator titles will be presented for sale and included in all distribution feeds to these selected retailers. Comic Distro shall not be liable for failure by the third-party retailer to list those titles for sale. Similarly, Creators can choose to opt out of channels at any time and at their discretion. Comic Distro sends the Creator request for removal in a periodic feed, however Comic Distro cannot dictate the speed at which the third party removes the titles for sale. Lastly, where Comic Distro operates a direct to consumer online retail platform it will be Comic Distro's discretion if titles are listed.
8. Comic Distro Publisher Revenue
As used herein and for the sale of Content through Comic Distro's Site:
If you have published and sold content on Comic Distro, the money you are owed will be visible in your account under the "Earnings" section that appears on your account information on Comic Distro. You will receive the money you are due via PayPal.
If Comic Distro owes you less than $20 for content sales, we reserve the right, at our discretion, to hold your earnings until $20 is reached.
You will be paid after you make a request for payment through Comic Distro. All of your print orders from all sales transactions must be completed (The status of Transaction IDs for all of your orders must be deemed 'Delivered') before you will receive your earnings from Comic Distro.
All minimum earnings in non-USD shall be calculated in USD using current exchange rates for the purpose of the minimum thresholds for transmission of payments to you by Comic Distro.
It is your responsibility to update your contact information.
9. Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
10. Third-Party Sites, Software and Sites
Other Sites may provide links to the Site with or without our Creatorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SiteS AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SiteS AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
- Each promotional offer ("offer") claim code can be used only once.
- Limit one offer per account.
- The offer must be redeemed at our Site toward the purchase of products sold by Comic Distro.
- If Comic Distro is not the seller, that fact will be noted on the product detail page.
- Offer may not be available to be redeemed at any other Site operated by Comic Distro, its affiliates, or third-party merchants (including Sites linked to or from the Comic Distro Site).
- The offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
- If the offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
- If you are ordering items to be shipped to more than one address, a separate order must be created for each address. The offer will be applied to only one of the resulting orders. Some offers may not be combined with other offers in the same order.
- Generally, only one promotional claim code may be used per order.
- Each offer is valid for a limited time only and expires on the date specified in the offer.
- The offer's cash value is 1/100th of one cent.
- The offer is not for resale and is not redeemable for cash.
- The offer cannot be applied to orders already placed with Comic Distro.
- If there is a problem with items purchased using a promotional code and Comic Distro grants a refund, you will not receive a refund for the amount of the offer.
- When you redeem an offer, Comic Distro can tell that you are part of a select group of customers to whom the promotional code was sent or distributed.
Comic Distro reserves the right to refuse to pay any Publisher Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to terminate your account and withhold all Publisher Revenue payments.
12. Refer-a-Friend Program Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase made at Comic Distro's Site by a person (a "Referred Customer") who arrives to our Site by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; additional purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address or alias). The Referred Customer must also be a first-time customer. If the Referred Customer is publishing a book, the promotional offer only applies to their new book publication. The promotion does not apply to e-books.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order minus any chargebacks, and/or fraudulent payments.
Reward Payments. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards. The value of your reward is redeemable as a coupon on Comic Distro's Site and is not redeemable for cash or another legal tender.
Eligibility. Eligibility is limited to individuals only. Comic Distro's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Comic Distro's sole discretion. Our referral program may not be available in some of our stores depending on applicable laws.
No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Comic Distro's Refer-a-Friend program.
Right to Close Accounts. Comic Distro reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Comic Distro Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Comic Distro reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Implied Consent. By participating in the Comic Distro Refer-a-Friend program you are providing consent for Comic Distro to communicate with you electronically for the purposes of notifying you of any qualified Referral Rewards, program updates, or any other communications regarding the Comic Distro Refer-a-Friend program.
An item that is "print on demand" is manufactured when the order is received. IF YOU RECEIVE A BOOK THAT IS DAMAGED, WE WILL PROVIDE A REPLACEMENT COPY AT OUR SOLE DISCRETION BASED UPON PHOTOGRAPHIC EVIDENCE. Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We may not require that damaged physical products be returned to us, nor do we guarantee returns will be accepted. Refunds are issued at our sole discretion.
Because Comic Distro provides creator-controlled publishing tools, Comic Distro cannot and does not accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), the Content's formatting, design or overall appearance. The creator approves the visual presentation and Content of each item and bears responsibility for its quality and presentation. Comic Distro's staff does not monitor or check individual Content prior to publication or sale through the Site.
14. Comic Distro Site Retirement of Content, Termination of Membership, and Data and Content Retention Policies
You may choose at any time to retire your published Content on Comic Distro Site. Should you do so, the Content will not be visible to other users and will not be available for sale on the Comic Distro Site Site. Retired Content will be deleted from Comic Distro's database after a defined period of time, as set forth in the then current policies of Comic Distro.
However, for all Content listed through distribution channel partners that you choose to retire
- (1) this process will take several business days before the distribution channel partner takes any action
- (2) your Content may still be listed by the distribution channel partners and, while not available for sale, it may continue to be listed and shown as "unavailable," "out of stock," or the like.
Net Revenue received by Comic Distro prior to distribution channel partners disabling the ability of your retired Content to be sold, will continue to be subject to the Terms and Publisher Revenue shall be paid to you when applicable.
If your Content has not been published, you can delete it from your Project List and it will be removed from the Comic Distro database, subject to our archiving process. This type of draft Content will be deleted from Comic Distro's database after a defined period of time, as set forth in the then current policies of Comic Distro.You may terminate your membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after the acknowledgement by Comic Distro of the receipt of your request. All terms above regarding retiring or deleting Content continue to be applicable.
Comic Distro will retain any part of your Personal Data for as long as is reasonably required to fulfill the purposes for which it was collected. Data retained in backups will be removed only as the backups are purged in the normal course of Comic Distro's backup procedures.
Generally, your Content will only remain accessible for defined periods of time, depending on the type of Content (e.g., retired, unpublished draft, prior revisions, questionable content, years without sales, etc.). This type of Content will be deleted from Comic Distro's database after a defined period of time, as set forth in the then current policies of Comic Distro. Accordingly, COMIC DISTRO STRONGLY RECOMMENDS THAT YOU DO NOT RELY UPON COMIC DISTRO AS A STORAGE SITE FOR YOUR CONTENT.
15. Restrictions on Use of Content
If you purchase Content from the Site (including receipt of free Content), you agree to the following restrictions with respect to such acquired Content and the information contained therein:
- You can resell physical copies of Content (e.g., printed books) you have purchased
- You may not resell any other Content or otherwise profit from its use or display
- Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is permissible only if expressly permitted by the Creator of the Content and only to the extent so permitted.
- You agree to abide by any restrictions included with the Content
- Resell, redistribute, sublicense, assign, delegate, or otherwise transfer the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
In general, Comic Distro collects Personal Data when you register with Comic Distro, when you use Comic Distro services and when you visit Comic Distro pages or pages related to the Content posted on the Site. That information is used to fulfill your requests for products and services, to comply with specific regulations (including but not limited to CASL and GDPR), to conduct research, to contact you, to contact those who purchase your Content (if you have selected to use the Comic Distro Thank You Note program) and to improve Comic Distro services. Comic Distro endeavors to limit access to your Personal Data to only those Comic Distro employees, agents and service providers who reasonably need access to complete these purposes. You may view and edit your account information at any time.
Comic Distro will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish or exercise Comic Distro's legal rights or defend against a legal claim, or as otherwise required by law
- As necessary to investigate, prevent, or take action regarding violations of the Terms, suspected illegal activity or threats to the physical safety of another person
- To Comic Distro's trusted partners who work on Comic Distro's behalf under confidentiality agreements
- If Comic Distro is involved in a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), to that company
- If you have enabled the Thank You Note buyer notification option, in which case you consent to Comic Distro's displaying the publisher name and e-mail address you provide for Thank You Note correspondence to purchasers of your Content
17. Mutual Indemnification
Each Party shall defend indemnify and hold harmless the other Party, including Affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all Claims of Third Parties, and all associated Losses, to the extent arising out of:
- (a) a Party’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or
- (b) a material breach by a Party of any of its representations, warranties, covenants or agreements under this Agreement.
18. Disclaimer of Warranties
THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Comic Distro AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Comic Distro AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Comic Distro NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF Comic Distro ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
COMIC DISTRO DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL SERVICE ADVICE AND PROHIBITS THE USE OF ANY COMMUNICATION OR INFORMATION FROM Comic Distro THAT YOU USE FOR SUCH PURPOSES EXCEPT FOR TAX STATEMENTS ISSUED BY Comic Distro IN THE ORDINARY COURSE OF BUSINESS.
20. Intellectual Property
Comic Distro is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the licensors of such Content. Comic Distro owns the design, format and layout of the Site. The Comic Distro logos and the names of all Comic Distro products and/or services as posted on the Site are trademarks and/or service marks or registered trademarks and/or service marks of Comic Distro. The Site is © Comic Distro . All rights reserved.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, YOU HAVE NO RIGHT TO POST, MAKE AVAILABLE TO OTHERS, OR OTHERWISE DISTRIBUTE IN ANY FORMAT ANY ELECTRONIC MATERIALS DOWNLOADED FROM THE SITE OR ANY DERIVATIVE WORKS OF SUCH MATERIALS.
21. Policy for Idea Content
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at Comic Distro, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by Comic Distro, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Comic Distro. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Content, subject to the license granted to Comic Distro in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to Comic Distro, PO Box 90203, San Jose, CA 95109 Attn: Idea Content- Legal Department. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Comic Distro in order to evaluate your idea or suggestion.
22. Jurisdictional Issues
The Site is controlled and operated by Comic Distro from the United States of America, and is not intended to subject Comic Distro to the laws or jurisdiction of any state, country or territory other than that of the United States of America. Comic Distro does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Comic Distro makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.
Comic Distro's headquarters and principal operations, including control and supervision of the Site, are based in San Jose, California. This Agreement is governed by the laws of the State of California, without regard to its "choice of law" or "conflict of laws" provisions that would apply the laws of another jurisdiction. You agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be San Jose, California. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator(s) shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. You and We (Comic Distro) each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and We each waive any right to a jury trial. You or We may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.
The Terms in Sections 16, 17, 18 and 19 relating to disclaimer of warranties, limitations of liability, indemnification and intellectual property shall survive termination of this Agreement. Notwithstanding, the arbitration requirement above, you agree to the jurisdiction of the State and Federal Court in the State of California, and Comic Distro has the right to seek additional remedies, including but not limited to injunctive relief, to enforce the aforementioned clauses or any other material provision of this Agreement.
Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Comic Distro and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
References to business or distribution channel "partners" in connection with Comic Distro's operations refers to organizations with which Comic Distro has business relationships and does not imply formal legal partnerships.
Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent.
These Terms may not be modified or amended except with our prior written consent.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: support@ComicDistro.com.
Appendix A. Comic Distro Content Policy and Guidelines
Items sold through the Comic Distro Site must follow the content policy and guidelines detailed below. Producers or sellers of content are expected to conduct proper research to ensure that the content sold through the Comic Distro Site is in compliance with all local, state, national, and international laws. If Comic Distro determines that the content is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Comic Distro reserves the right to make judgments about whether or not content is appropriate.
Pornography - X-rated text, photographs and movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn are not permitted.
Illegal Items - Content sold through the Comic Distro Site must adhere to all applicable laws. This includes the sale of content by individuals outside the United States. Some content that may not be sold include any products that may lead to the production of an illegal item or illegal activity.
Items that Infringe Upon an Individual's Privacy - Comic Distro holds personal privacy in the highest regard. Therefore, Content that infringes upon, or has potential to infringe upon, an individual's privacy is prohibited. Additionally, the sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
Rights of Publicity - Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unCreatorized celebrity images.
Public Domain and Other Non-Exclusive Content - Comic Distro accepts public domain content for sale in the Comic Distro Site. However, we may request that you provide proof that your submitted material is actually in the public domain and may choose to not sell a public domain title if its content is undifferentiated or barely differentiated from one or more books already available through our service or available through other retail sites. Please be aware that public domain content is only acceptable for retail distribution as a print book. Public domain eBooks are not accepted for retail distribution.
Appendix B. Content Retention Guidelines
This includes any content that Comic Distro has decided should be suspended from sale on Comic Distro Site. Content can be suspended because it is believed to violate the terms of the Membership Agreement.
Policy: All quarantined content will be deleted 6 months following quarantine.
Any Content where all versions of the project have been retired from sale.
Ebook Policy: All files after 12 months from the time the project was retired will be deleted, except for files from versions that have previously sold.
Print Book Policy: All files after 12 months from the time the project was retired will be deleted.
Any content associated to an unpublished project.
Draft Project Policy: Content files associated with an unpublished project will be deleted if the draft was created more than 12 months ago and has not been accessed in the last 6 months.
Previous Versions of Published Content
Previous versions of any book if the current version is published and available for sale. Once project files are older than 6 months:
Ebook Policy: All files from any version that has sold will be retained. All files from the currently published (active) version will be retained. All files from the previously published version will be retained.
Print Book Policy: All files from the currently published (active) version will be retained. All files from the previously published version will be retained. If the previously published version has not sold, the latest version that sold, in addition to the latest version, will be retained. All other versions will be deleted after 6 months.
Any published content set to Private status that has not been purchased for a period of at least six months.
Policy: All Private content will be deleted 6 months after the date of publication or last purchase date, whichever is longer.