Terms of Service
Accepting the Terms of Service
Terms and Condition of Service
Comicgem.com website (further reffered to as ComicGem) offers web publishing services. The terms of service are set out below. Before you use the site read them thoroughly. You are under legal obligation of agreement terms and conditions from the moment you access and use the site. Unless you accept all the terms and conditions listed below please do not use the services. The terms and conditions of the agreement are the following:
1. Access and use of the website
ComicGem (the subject of this Agreement) preserves the right to offer and provide the services chosen by the subscriber only for the subscriber's use. Any third party use or benefit from the services is prohibited. The services contained in the website shall include but not be limited to any other comicgem services and contents (as described below) offered to the subscribers which are listed on the Site. ComicGem may withdraw, amend or change the services provided on the website. Some database, feature or content may be unavailable at any time or for any period. ComicGem may temporarily or permanently limit certain features and services or ban the Subscriber's access to the website or to some services with any further notice and/or liability. ComicGem reserves the right to change or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion without further notice. Any changes or modification will be effective upon including the revisions and changes on a ComicGem Site. Your continued use of a ComicGem Site following the changes or modifications will constitute your acceptance of such changes or modifications. The individual ComicGem subscriber (i.e., not a corporate entity) must be at least 13 years old. Any personal data (i.e., a name, address, telephone number or email address) of the individual under the age of 13 can be given. The subscriber is fully responsible for the choice and use of the services and access of the Site and admits that using of the site is legally permitted. If law prohibits, the agreement is invalid and the right to access the site is annulled in such jurisdictions. ComicGem does not guarantee that the site may be lawfully accessible or that the Content may be downloaded in all countries and regions. Accessing the site, the subscriber does it on his own risk and takes full legal responsibility of His jurisdiction.
ComicGem will try to ensure that the Site and Services are available twenty-four hours a day, seven days a week. Nevertheless, from time to time the Site or/and services could be not available because of the maintenance, repairs or upgrades or due to the troubles with telecommunications links or equipment. ComicGem will use reasonable efforts to eliminate such inconveniences.
Under no circumstances shall ComicGem be liable to you or any other person for your inability to use the site, any changes, suspension or lack of availability to your subscriber content or any other Content.
ComicGem retains the right to impose limits on use and storage at any time with or without further notice.
2. Web content
Only ComicGem Subscribers can use the site and its Contents and it must be in accordance with the Agreement conditions. The content of the site (e.g text, graphics, logos, tools, photographs, images, illustrations, memes, software or source code, audio and video, animations and Themes (as defined below), including without limitation the ComicGem Template Code (as defined below) (collectively, "Content") (other than Content posted by Subscriber ("Subscriber Content"))) are owned by ComicGem and/or third parties and are under the International copyright laws. The ComicGem API shall be used only with the accordance to the API Terms of Service. All trademarks, service marks, and trade names which are displayed on the web site are the property of ComicGem and/or third parties. Subscriber accessing the Services shall comply with all copyright information, notices and restrictions comprised in any Content. The site is under the copyright as a collective work and/or compilation, in conformance to copyright laws, international conventions, and other copyright laws. Except as expressly authorized in the Agreement, Users may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download. The right to use the downloaded Content is not transferable to any other person or entity and the Subscriber may not download, copy or store any Content unless it is for personal, noncommercial use or there is ComicGem or the copyright holder identified in such Content's copyright notice prior written permission.
3. Subscriber content
Subscriber Content contributed to the Site shall be owned by Subscriber. By transmitting any content to the Site you agree that ComicGem has a non-exclusive, royalty-free, worldwide , transferable right and license (with the right to sublicense), to use, cache, copy, display, publish, distribute, modify, create derivative works and store it. ComicGem may also allow others to do so ("Content License") in order to render the Services. If the subscriber's membership to the Site and use of the Services is aborted ComicGem will instantly remove from the site and stop use of the Subscriber Content. Nevertheless Subscriber accepts that caching of Subscriber Content or references to it may not be removed at once. Subscriber agrees, warrants and represents that the rights presented above may by granted ComicGem by Subscriber. Subscriber agrees, warrants and represents that it will transmit Subscriber Content only if:
a. Subscriber has all of the necessary rights, including copyright
b. the content is not defamatory, libelous, abusive, threatening, harassing, hateful, offensive, and it does not infringe any law.
c. the content does not reveal any trade secret (unless Subscriber owns the trade secret or has the owner's permission to contribute it)
d. the content does not infringe any intellectual property right of another or the privacy or publicity rights of another
e. the content does not contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
f. the content is removed after Subscriber has been informed that such Subscriber Content breaks any of sections from (a) to (e) of the sentence set forth above.
ComicGem reserves the right to remove any post or transmission that, in its judgment, is not appropriate. ComicGem has the right to suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to ComicGem and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if ComicGem is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Any access and activity connected to the Site is under the responsibility of the Subscriber. Subscriber's right to services or to access the site can be terminated in case any fraudulent, abusive, or otherwise illegal activity or any uses of the Services or Content in violation of this Agreement are done. It is prohibited subscriber posts or contributes, or causes to be posted or contributed, any communication or solicitation aimed or intended to obtain password, account, or private information from any ComicGem user.
The following activities are also expressly prohibited :
(a) Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes
(b) transfer or store illegal content including that are considered to be threatening or obscene, or engage in any kind of illegal activity
(c) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual
(d) harass, threaten, stalk or abuse any user of the Site or any other person or party
(e) create a false identity
(f) impersonate another person
(g) transmit any false, incorrect or incomplete material
(h) delete or revise any material that was not posted by You.
5. Warranty disclaimer
ComicGem and Subscriber are not in any fiduciary relationship or duty. Subscriber agrees and accepts that ComicGem does not control and is not due to take any action considering: which users access the Site; which Content is used and accessed by subscriber; how Subscriber may be influenced by the Content; what may be the interpretation and the usage of the Content; or what consequences may occur as a result of the Subscribe usage and access to the Content. Content posted or provided by the user or subscriber is under the responsibility of the user or subscriber. ComicGem is not responsible for the content available on the site and it does not control it. ComicGem is not liable to any users and Subscribers for having acquired or not acquired Content via the Site. The Site may contain, or direct Subscriber to sites containing, information that could be offensive or inappropriate. ComicGem does not represent or endorse any content posted or accessed through the Site, and ComicGem will not be responsible or shall not be liable to any User or anyone else for any inaccuracy, error, copyright compliance, legality or decency of material contained in or accessed via the Site.
ComicGem and the Site are not responsible or liable for the failure to store, preserve or access Subscriber Content or other materials you publish or cache on the Site. Nonetheless, ComicGem and the Site will make reasonable efforts to store and preserve the material residing on the Site. It is strongly recommended that you preserve copies of any data, material, content or information you post or transmitted on the Site. It is your responsibility to create and store back-ups of your Subscriber Content.
You agree that your access to and use of the Services, Content, Site and any Software are pro on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. ComicGem makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
ComicGem and its representatives specifically disclaim, to the fullest extent permitted by law, any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. You acknowledge that ComicGem is not responsible or liable for any harm resulting from (1) use and access of the Site; (2) downloading data published on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
.Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above exclusions may not apply to Subscriber.
6. Third party websites
ComicGem may provide links to Web sites operated by other parties. ComicGem has control over the content of the third party sites. Neither ComicGem nor the Site monitors the third Party Site. ComicGem and the Site do not represent or warrant whatsoever about any third party site that is linked to the Site, or certify the products or services available on such site, unless explicitly otherwise provided. ComicGem and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties regarding the security of any information (including, without limitation, credit card and other personal data) You might be requested to provide any third party, and You herewith irrevocably relinquish any claim against the Site or ComicGem with respect to such sites and third party content.
7. Registration and security
To use the Service, Subscriber is requested to register with ComicGem and choose a password and ComicGem URL. Subscriber is obliged to provide ComicGem with Subscriber's e-mail address and complete, updated and precise registration information.
Please note that the failure to do so results in immediate termination of Subscriber's account. It is not allowed for the subscriber to (a) choose or use another person name as a ComicGem URL with the intent to impersonate that person; or (b) use a name subject to any rights of a person other than Subscriber as a ComicGem URL unless appropriate authorization is provided. ComicGem has the right to refuse registration of Subscriber, or cancel a ComicGem URL in its discretion.
Subscriber agrees that he will maintaine the confidentiality of Subscriber's ComicGem password. Any use of or action taken under Subscriber's password is under Subscriber's responsibility. Subscriber is responsible for all activity conducted through Subscriber's account and hereby releases the Site and ComicGem from any and all liability regarding such activity. Subscriber agrees to notify ComicGem promptly of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. The Site is not liable for the accessing of any data or other communications by unauthorized persons or entities. However, the Site will take reasonably security precautions when using the internet, telephone or other means to transport such data.
Subscriber agrees to indemnify ComicGem and its employees against any claims or demands ( including costs and attorneys' fees) made by any third party because of or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any other entity using the Subscriber's account, of any intellectual property or other right of any person or entity.
9. Limitation of liability
ComicGem, its directors, officers, shareholders, employees or members are not liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangible assets; (c) damages for unauthorized access, non-performance of the Site, errors or omissions; or (d) damages concrning downloading or posting Content. ComicGem, Inc's and the Site's collective liability under this agreement shall be limited to three hundred U.S. Dollars. The exclusion or limitation of incidental or consequential damages may not be allowed in some places, so the above limitations and exclusions may not apply to Subscriber.
The Services may be terminated by either party at any time. the party that terminates the Services should notify the other party by any means. In case Subscriber breaches any of the terms or conditions of this Agreement, ComicGem has the right to terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability.
When Subscriber's account is terminated, Subscriber has no right to use the Services, access the Site, and any Content. Ownership provisions, warranty disclaimers, limitations of liability, and other provisions of this Agreement which by their nature should not be affected by the Termination shall survive Termination. Subscriber Termination of access and use of the Site shall not relieve him of any obligations arising or accruing prior to such termination or limit any Subscriber liability to ComicGem or the Site, including without limitation any indemnification obligations contained herein.
ComicGem and Site may modify the Agreement from time to time, however it constitutes the entire agreement between You, the Site with respect to the subject matter hereof. This Agreement replaces all previous or contemporaneous understandings or agreements, written or oral, considering the subject matter hereof. If either party fails to exercise or enforce in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ComicGem shall not be liable for any failure to perform its obligations if such failure is a result of any cause which is not under ComicGem, Inc's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms and Conditions is found unenforceable or invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity. This Agreement is not assignable, transferable or sublicensable by Subscriber except with ComicGem prior written consent. This Agreement may be assigned in whole or in part at any time without Subscriber's consent. No partnership, agency, joint venture, or employment is created as a result of this Agreement and Subscriber has no authority to bind ComicGem in any respect whatsoever.
12. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
ComicGem asks users to respect and take seriously the intellectual property of others. Infringing activity is prohibited on or through the Services.
"repeat infringers." "Repeat infringer" is any user that has uploaded Subscriber Content to the Services and for whom ComicGem has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Subscriber Content. ComicGem can terminate any user account after a single notification of claimed infringement or upon ComicGem's own determination.
Procedure for Reporting Claimed Infringement
If you believe that any content residing on or accessible through the Services infringes an intellectual property right that you own or control, then please immediately send a "Notification of Claimed Infringement" containing the following information to the Designated Agent listed below. Your communication must include all of the items listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials that you claim has been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that you claim is infringing or is the subject of infringing activity and that has to be removed or access to which has to be disabled, and details reasonably sufficient to permit ComicGem to find the material;
- your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
To your obligations and to provide a valid notice of claimed infringement you are advised to consult with your own lawyer and/or see 17 U.S.C. § 512 .
Designated Agent Contact Information
ComicGem's Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: admin@ComicGem.com
If you receive a notification from ComicGem that material you posted on or through the Services has been the subject of a Notification of Claimed Infringement, then you can submit ComicGem "Counter Notification." Counter Notification must be in writing, provided to ComicGem's Designated Agent through one of the methods identified immediately above, and include the information provided below:
- A physical or electronic signature of the subscriber;
- A specific description of the material that has been removed or to which access has been ceased;
- A statement reflecting the subscriber belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which ComicGem may be found, and that the subscriber will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.
A party submitting a Counter Notification is advised to consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
ComicGem Actions Following Receipt of Counter Notification
After receiving a Counter Notification, ComicGem shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and ComicGem will replace the removed material or cease disabling access within ten to fourteen (10-14) , business days following receipt of the Counter Notice, provided that ComicGem's Designated Agent not first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on ComicGem's system or network.
False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [ComicGem] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
It is ComicGem right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
In order to avoid any doubts, to Designated Agent at admin@ComicGem.com or to the postal address identified above only notices submitted under the Digital Millennium Copyright Act and the procedures described in this Agreement should be sent. If you have any other comments, compliments, complaints or suggestions about ComicGem, or the Services or any other notices or matters, they should be sent to admin@ComicGem.com.