This section outlines the relationship with you, the publishers or user and the Marketplace. It includes a description of the Service, defines our Agreements, names your service provider, and establishes the users Bill Of Rights.
This section sets out certain requirements and agreements for use of the Service, and defines out the different categories of users.
This section explains your rights when using the Service, and the conditions that apply to your use of the Service. Each user represents a unique individual with inalienable rights. We protect your rights to own your own data. It also explains how we may make changes to the Service. Also what will occur if a law is broken with your self-published content.
This section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading or self publishing your Content to this platform, and includes your agreement not to upload anything that infringes on the rights of anyone else.
This section explains how you and CryptoComics Marketplace may terminate this relationship.
This section includes details about software operating and facilitating the Services.
This section includes our service commitment we make to you, the service user. It also explains the things we will not be responsible for.
This section includes some further important details about our contractual agreement, including what to expect if we need to make changes to our Terms; or which laws apply to them.
Dated: February 1, 2021
Introduction
Thank you for using the CryptoComics Marketplace platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, read, sell, buy and share comic books and other content. The Service provides a forum for people to connect, inform, inspire and promote to others across the globe, and acts as a distribution platform for original content creators and publishers large and small. The Service uses blockchain technology to turn digital items into collectible digital items that can be transferred or resold.
Your Service Provider
The entity providing the Service is eComicz Inc., a company operating under the laws of Idaho, located at 258 Idaho St, American Falls, ID 83211 (referred to as “eComicz” “Crypto Comics”, “CryptoComics Marketplace” , “we”, “us”, or “our”). References to CryptoComics “Affiliates” in these terms means the other companies within the ApogeeInvent corporate group (now or in the future).
Applicable Terms
Your use of the Service is subject to these terms, the CryptoComics Marketplace Community Guidelines and the Selling, Publishing, and Copyright Policies which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Age Requirements
You must be at least 13 years old to use the Service. However, children of all ages may use CryptoComics Kids (where available) if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on CryptoComics in the CryptoComics Marketplace Dashboard.
Businesses
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Content on the Service
The content on the Service includes drawings, videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, CryptoComics or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. CryptoComics Marketplace is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
User Accounts and Profile Pages
You can use parts of the Service, such as previewing a book, visiting a profile page and searching for Content, without having a CryptoComics account. However, you do need a CryptoComics account to make purchases, sell content, and use some features. With a CryptoComics account, you may be able to love and review comics, follow profiles, give shout outs, and more. You can follow these instructions to create a CryptoComics account.
Creating a CryptoComics account will give you access to additional features and functions, such as self-publishing your own creations, purchasing content, reselling your content in the Marketplace, sharing capabilities for marketing, making co-branded materials (where available).
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device(s) to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. CryptoComics reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the CryptoComics Data Processing Terms, except in cases where you uploaded unpublished content.
Permissions and Restrictions
You agree, understand and acknowledge that the website is an online platform that enables you to purchase digital products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that CryptoComics is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on CryptoComics.com.
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content you have purchased or borrowed. The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from CryptoComics and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with CryptoComics robots.txt file; or (b) with CryptoComics’ prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a book’s views, loves, or reviews to artificially increase profile followers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with CryptoComics’ policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos, comics or stream music from the Service).
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or CryptoComics.
Access to the Service
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Changes to the Service
CryptoComics is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we promise to provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Uploading or Self-Publishing Content
If you have a CryptoComics account, you will be able to self-publish content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to self-publish Content, you must not submit to the Service any Content that you do not own the rights to or does not comply with this Agreement (including the CryptoComics Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
You can find complete details about this in the CrytpoComics Publishing Terms and Conditions
Community Content Rights and Permissions
You retain ownership rights to your Content. However, we do require you to grant certain rights to the CryptoComics Marketplace and other users of the Service, as described below.
License to CryptoComics Marketplace
By providing Content, such as reviews, comments, or product information to the Service, you grant to CryptoComics Marketplace a worldwide, non-exclusive, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and CryptoComics’ (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, license to access your Content through the Service, and to use that Content, including to share, view, and display it, only as enabled by a feature of the Service. For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service. The original owner of the copyright retains all rights to the copyrighted content, and other users do not own and may not make use of characters, names, storylines, or any other copyrighted content outside of their use within the Service.
Duration of License
The licenses granted by you when posting content is unchangeable even after you remove or delete your account from the Service. You understand and agree, however, that CryptoComics Marketplace will retain, and display, distribute, or perform, content you posted to the Service while your account was active.
Payments and Commissions
There are three ways you receive compensation when using the CryptoComics platform: Commissions, Royalties and Credits.
Commission = Any time a legitimate account makes a sale of a copy of content they own the rights to, a percentage of that sale is paid to the seller account.
Royalties = Any time a legitimate account makes a sale of a copy of content they own the rights to, a percentage of that sale is paid to the original self-publishing account.
Credits = Any time a legitimate account participates in the transaction of a blockchain backed copy, a percentage of credit is given to the appropriate parties responsible for inviting the participating parties to the marketplace (“Referrer”).
If required by law, CryptoComics Marketplace will withhold taxes from such payments as indicated above.
Payment amounts are detailed in CryptoComics Payments and Commissions.
Removing Your Content
You may remove your Account from the Service at any time. You may also cease selling new mints of your content. Any and all self-published issues already sold through CryptoComics Marketplace, reviews, descriptions, images, or other content posted by you will forever remain on the Service.
Removal of Content By CryptoComics Marketplace
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to CryptoComics, our users, or third parties, we may remove or take down that Content at our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for CryptoComics or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, CryptoComics or our Affiliates.
Copyright Protection
If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement according to the process in our CryptoComics Copyright Policy, where you can also find information about how to resolve a copyright strike. CryptoComics' policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Non fungible tokens and Copyrights
Due to the nature of blockchain technology, a token cannot be removed from the Service. However, if a token is found to contain copyrighted content, CryptoComics retains the right to block content (including but not limited to images, trademarks, audio) that is found to be unlawful or copyright protected.
All token sales (NFTs) are non refundable. Users assume all risks of purchasing and reselling NFTs in the Marketplace. If you purchase content that is found to have been sold illegally or is in violation of the CryptoComics Copyright Policy or these Terms, that content may be removed in part or in whole. Users may request a refund for eligible content, but refunds will only be granted at the discretion of CryptoComics.
Terminations by You
You may stop using the Service at any time. You may delete your CryptoComics Account, which involves closing your Profile Page, removing your data and canceling any referral relationship you may enjoy. Once this process is selected it cannot be undone.
Terminations and Suspensions by CryptoComics for Cause
CryptoComics may suspend or terminate your access, your Profile Page, and the account’s access to all or parts of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, CryptoComics or our Affiliates.
Terminations by CryptoComics for Service Changes
CryptoComics may terminate your access to all or part of the Service if CryptoComics believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by CryptoComics Marketplace unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for CryptoComics or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, CryptoComics or our Affiliates. Where CryptoComics terminates your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content and Holdings from the Service.
Effect of Account Suspension or Termination
If your CryptoComics account is terminated or your account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your CryptoComics account has been terminated in error, you can contact us to appeal the decision.
Downloadable Software
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your devices once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, CryptoComics gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CryptoComics as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by CryptoComics, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have CryptoComics’ written permission.
Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND CRYPTOCOMICS DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, CRYPTOCOMICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR CRYPTOCOMICS, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
CRYPTOCOMICS AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT CRYPTOCOMICS HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 3 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO CRYPTOCOMICS, OF THE CLAIM; AND (B) USD $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CryptoComics, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by CryptoComics. CryptoComics Marketplace has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. CryptoComics will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Account you have created and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Idaho law, except Idaho’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of American Falls, Idaho, USA. You and CryptoComics consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND CRYPTOCOMICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.