TERMS OF SERVICE OF COMICSPRING PLATFORM
Any person willing to use the Platform is obliged to become acquainted with these Terms of Service first. We provide these Terms of Service and other terms and conditions regulating the services to all persons concerned free of charge prior to conclusion of the Agreement on the Platform, as well as—upon your request—in a way which enables you to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system used by you. Detailed rules regarding the use of the functionalities shall be available in dedicated Platform tabs. Some special functionalities provided by Comicspring may be subject to terms and conditions which are additional and supplementary to these Terms of Service. In the case of any divergence between these Terms of Service and the terms and conditions applicable to such a special functionality, the terms and conditions applicable to it shall prevail. If you do not accept the provisions of these Terms of Service, you may not use or access the Services.
The Platform is designed to support and promote comic artists’ talent by enabling them to publish their works, and to participate in creative co-operation and creation of new works together with other comic artists by means of the Platform functionalities. The basic rule of the Platform is to respect the intellectual property rights of the Users. In order to ensure reaching Platform’s objective and its correct operation, it is of key importance that all Users use the Services respecting the intellectual property rights, in particular copyrights. By publishing the Comics on the Platform, the User declares that they are the result and manifestation of his/her independent creative activity of individual nature, or that the User has obtained an express consent of the author, and holds the rights to publish the Comics which are effective and free from legal defects.
Publication of the Comics on the Platform shall mean that it becomes generally available to unlimited number of persons. Comicspring does not guarantee the protection or confidentiality of the published Comics.
Other terms used in these Terms of Service shall have the following meanings:
Account - a free-of-charge service rendered by electronic means by Comicspring; a modifiable part of the Platform individually assigned to the User; the Account shall enable the use of other Services
Agreement - an agreement concluded by and between Comicspring and the User, the subject matter of which is User’s use of the Platform and the Services, the general provisions of which shall be prescribed in these Terms of Service
Comic Artist - the User with active Accounts within the Platform who provides Comics onto the Platform
Comics - content, in particular graphic and textual, provided on the Platform, in this related to copyright and related rights.
Content - any kind of materials posted by the Users on the Platform and hosted by us, in particular in the form of the Comics and comments
Feedback - suggestions, data, information or recommendations pertaining to the Service and Information
Profile - a part of the Platform dedicated to you which is linked to the Account and contains data pertaining to you which are available to the public
Service/Services - free-of-charge services rendered by electronic means by Comicspring which consist in providing the Platform functionalities designed, in particular, for publishing Comics
Terms of Service - these terms of service regulating the provision of services through the Platform
1. PRELIMINARY PROVISIONS
1.1. Upon commencing the use of the Platform, you undertake to use the Services in accordance with their intended use, applicable legal provisions, social standards and rules of social conduct, and provisions of these Terms of Service. You shall not be allowed to provide content of unlawful nature.
1.2. Correspondence between you and Comicspring shall be conducted with the use of electronic means. For the purposes of the Agreement: (a) you give your consent to receive from Comicspring correspondence in an electronic form; and (b) you confirm that all terms and conditions related to the Agreement, notifications, disclosures and other correspondence sent to you by Comicspring meet any legal requirements which such correspondence would meet if conducted in a printed form. The foregoing shall not limit your non-transferable rights.
1.3. The Platform may include advertisements for which Comicspring obtains remuneration on commercial conditions.
2.1. Our Services may not be used or accessed by persons below the age of 13.
2.2. If you are between the age of 13 and 18, you may use the Services in the scope in which you may assume rights and incur obligations in accordance with the provisions of law applicable to you. If the provisions of law applicable to you require your legal custodian’s consent to use the Services, until the conclusion of the Agreement for operating the Account, at the latest, your legal custodian has to give his/her consent to its conclusion and use of the Services. If you create the Account and are a minor, you declare that you conclude the Agreement upon your legal custodian’s consent.
3.2. Using the Platform shall be free of charge, except for possible costs of data transmission resulting from agreements with telecommunication operators or other Internet providers concluded by the User, and from the scope of such data transmission.
4. PROVISION OF SERVICES
4.1. In accordance with these Terms of Service, Comicspring shall grant to you a non-transferable, non-exclusive, revocable and limited license to use the Platform only for your own purposes. This license shall be granted to the User upon the acceptance of these Terms of Service, and shall be effective at all times as long as you maintain the Account. Unless it is stated otherwise, any subsequent versions, updates or other supplements of or to the functionalities of the Platform shall be subject to these Terms of Service.
4.2. The license and other rights granted to you by Comicspring shall be subject to the following restrictions: (a) you may not reproduce, disseminate, lease or dispose of, or otherwise redistribute, whether directly or indirectly, against charge or free-of-charge, otherwise than through Comicspring, elements of the Services or the Platform, (c) modify, compile, reformulate the Services, as well as use or develop the intellectual property belonging to Comicspring for the purpose of creating own products and services, (d) use the intellectual property belonging to Comicspring for an unlawful purpose or to our disadvantage. Even if you use the Services or the Platform within the frames of the fair use, you may not dispose of their copyrights markings and other proprietary notices. The same shall apply to copies.
4.3. Comicspring shall have the right to terminate the license with immediate effect in the event of infringement of its terms and conditions attributable to the User, what shall mean that you will not be able to use the Platform and the Services.
4.4. We may modify our Services from time to time mainly for the purpose of retaining Users’ satisfaction with our Services and of improving them.
4.5. You hereby declare that you are aware of and acknowledge the fact that Comicspring does not guarantees you any technical support, and therefore it shall not be obliged to provide you with any support, including technical support related to the use of the Services or the Platform. No implied licenses shall be granted under these Terms of Service.
5.1. Only Users with an active Account may use the Services. Each User may have only one Account, which shall be non-transferable and non-assignable.
5.2. In order to create an Account, you shall complete the registration procedure by providing necessary information pertaining to you, by means of an interactive form available on the Platform or Facebook community plugin. Upon your confirmation of the registration by means of an activation link sent to the e-mail address indicated in the form (in the case of registering by means of the interactive form of the Platform), or upon giving your consent by means of the interactive form of the Facebook community plugin (in the case of registering by means of the Facebook community plugin), the Agreement for operating the Account and providing the Services shall be concluded between you and Comicspring for unlimited period of time.
5.4. You may delete the Account at any time with immediate effect, without providing reason, by sending Comicspring a request to delete the Account (also via e-mail, provided that in such a case this shall take place via the e-mail address used by the User upon registration of the Account), or by using the functionality “Usuń konto” (“Remove the Account”). Deletion of the Account shall be tantamount to termination of the Agreement, and shall mean that the User resigns from the Services. Comicspring may also delete the Account in accordance with clauses 4.3. and 5.7 of the Terms of Service.
5.5. You shall be liable for what is happening within the frames of and also through your Account. Therefore, you may not share it with third persons, and you shall be responsible for keeping your login and password confidential. If you notice that an unauthorized person uses or used your Account, then you shall notify Comicspring on this without unreasonable delay.
5.6. You undertake that by means of the Services and within the frames of the Platform, you will not: (a) undertake any actions which may hinder or impede functioning of the Services, and use the Services in a manner onerous to other Users; (b) act to the disadvantage of other Users, third persons or Comicspring; (c) infringe the terms and conditions of the Agreement, Terms of Service, or the provisions of applicable law, including local, state, regional, national law or other legal acts, statutes or ordinances; (d) disseminate unsolicited commercial or promotional information, junk mail, spam, or other messages which may include content of advertising nature or otherwise not connected with the idea of the Platform; (e) disseminate worms, spyware or malware, use cracking or phishing, or act in any other manner which would in a prohibited manner facilitate interfering in the provision of the Services or the security of their provision, or Users’ data; (f) obtain in a prohibited manner Users’ personal data without their consent, or act in any other manner which may constitute an infringement of the privacy right of other Users; (g) use the Platform or the Services for the purposes other than those for which they are designed.
5.7. User’s culpable infringement of the Terms of Service may cause one the following reactions of Comicspring: (a) a warning addressed at the User, (b) deletion of the Account.
5.8. Further, Comicspring may delete the Account in the case when it is obliged to terminate the Agreement in accordance with applicable legal provisions.
5.9. Comicspring shall notify the User on deletion of the Account and termination of the Agreement via e-mail, in an e-mail sent to his/her e-mail address indicated at the registration, providing the reason for such termination of the Agreement.
5.10. As a result of termination of the agreement for operating the Account, or its dissolution in other manner, any Content provided within the frames of the Account and on the Platform shall be removed, and the User shall irretrievably lose the access to them.
6.1. The User may not create the Profile which: (a) would be completely independent on his/her identity, in particular, it is prohibited to create Profiles which are false, fictitious, or which unlawfully use third persons’ name; (b) is used to send spam or unsolicited commercial information; (c) is of pornographic character; (e) otherwise is non-conformant with the idea or objective of the Platform.
6.2. When creating the Profile: (a) you permit your image presented in the Profile to be disseminated within the frames of the Platform functionalities, as well as declare that you are authorized to give such permission;(b) you authorize dissemination of the images posted by you on the Platform for the purpose of providing the Services by Comicspring, and of using the Platform functionalities, as well as you declare that the persons whose image you present on the Platform have given you their consents; (c) you agree on removing the Content which violates these Terms of Service, Platform quality policy, idea or the objective, and which is contrary to good mores, or propagates types of behavior which are detrimental to health.
7. CONTENT AND COMMENTS
7.1. Any data and information, as well as other materials, in this graphic or textual, which you provide onto the Platform shall constitute the Content. When providing the Content onto the Platform, you warrant and represent that: (a) you are the owner or legal holder of the Content at least to the extent required pursuant to your commitment to abide by the provisions of these Terms of Service, (b) the Content does not infringe third persons’ rights, (c) using and managing the Content within the frames of the Services does not infringe third persons’ rights.
7.2. You may not post on the Platform or use within the frames of the Services any Content which may: (a) infringe personal rights or interests of third parties, (b) promote infringement of intellectual property rights, in particular copyrights, and personal interest, what involves, among others, suggesting methods facilitating infringement of such rights, or encouraging such behaviors, (c) propagate ideologies, methods and practices contrary to the idea of the Platform, (d) be of pornographic nature, or for other reasons be unsuitable for persons under the age of 18, (e) contain threats, incite aggression, or contain elements of unfounded violence, (f) constitute materials which may be used for unlawful, misleading, malicious or discriminating purposes, (g) evidently contradict the rules of social co-existence, common moral and social norms, or rules of netiquette, (f) contains phrases which may in any way violate someone’s dignity, (h) promote other websites or other Internet service providers, (i) propagate hatred based on race, nationality, denomination or worldview-related reasons.
7.3. Actions within the frames of the rating and comment system which may result in artificial overstating or understating Users’ creative values shall be prohibited.
7.4. You shall be fully and independently liable against us and third persons for the Content and any damage resulting from the use or management of the Content. You shall also be liable for the message conveyed by your Content and consequences of its dissemination. We shall not endorse or represent, or guarantee the completeness, accuracy or reliability of any Content posted by means of the Services.
7.5. We shall neither be responsible for creating backup copies of your Content, nor liable for your losing the Content as a result of deletion of the Account.
8.1. Without prejudice to other provisions of the Terms of Service, when posting the Comics on the Platform, each time you warrant and represent that: (a) you hold the rights in the scope authorizing you to grant the license referred to in this section of the Terms of Service; (b) publication of the Comics, as well as the Comics themselves, are free from legal defects, and do not infringe third persons’ rights; (c) the Comics may be made published on the Platform without infringing proprietary copyrights, moral rights and personal interest of third persons, as well as related rights, or any other rights of third persons; (d) you shall release Comicspring from the liability on account of possible claims of persons holding the rights to the Comics, in particular copyrights, who may seek their rights in connection with the publication of the Comics on the Platform, and undertake to satisfy them in full, and to bear all costs incurred on that account by Comicspring.
8.2. The Comics shall remain the property of the User who is their author, and who retains all rights related to them. Upon publishing the Comics on the Platform, you shall grant to Comicspring and Comic Artists a free-of-charge, non-exclusive, license, without any limitation as to territory and time, to use the Comics as a whole or in part; additionally, the Comic Artists’ license shall also cover the authorization to exercise related rights. The license shall be granted in the following fields of exploitation: (a) with regard to fixing and multiplying the Comics—producing copies of the Comics by means of a specified technique, inc this print, reprography, magnetic recording and digital technique; (b) public performance, display, screening, presentation, broadcast and rebroadcast of the Comics, as well as making the Comics available to the public in such a way that they are available to anyone in any discretionary place and at any discretionary time, (c) sharing by means of computer networks, in this the Internet, intranet and extranet, (d) using for the purpose of creating other Comics, in this incorporating into other Comics as their parts, (e) exercising and authorizing third persons to exercise the related rights to the Comics—derivative works, in this modifications and adaptations of the Comics, (f) using the Comics and the Platform in all and any advertising, promotional and marketing activity, in this direct and interactive marketing, irrespective of the realization, form and field of exploitation.
8.3. Any use of the Comics in other fields of exploitation than those indicated in clause 8.2 shall require User’s consent and determination of remuneration in every separate field of exploitation.
8.4. The license shall be granted to Comicspring and Comic Artists for unlimited time; nevertheless, if you are the author of particular Comics, or if you hold the rights to effectively manage the copyrights to them, you shall have the right to terminate it upon 14-day termination notice. User’s declaration on terminating the license shall be sent to Comicspring via e-mail to the following e-mail address: firstname.lastname@example.org, or to the correspondence address of Comicspring, or otherwise shall be null and void.
8.5. The User undertakes to remove a direct or indirect damage caused to Comicspring in the case particular declarations and guarantees made by him/her in accordance with the Terms of Service are found to be false or violated.
9. REPORTING INFRINGEMENTS AND COMPLAINTS
9.1. Comicspring shall not exercise an ongoing control over or monitoring of the Content provided by the Users on the Platform.
9.2. Comicspring shall act respecting the rights, in particular intellectual property rights, of the Users and third persons. Thus, as soon as you notice any content or other material which infringe your, other Users’ or third persons’ rights, in particular intellectual property rights, you shall necessarily notify Comicspring on such fact. In the same way you may also notify Comicspring on any infringement of the Terms of Service or the applicable law.
9.3. The notifications pertaining to the Content, information, materials or actions which infringe any rights should be sent to the following e-mail address: email@example.com, or via mail to the correspondence address of Comicspring, or by means of the contact form. The notification should include at least the following information: (a) details identifying the User, that is first and last name along with the signature, and e-mail address, (b) indication of the content, other materials or actions which infringe the right, along with indication of the infringed right, (c) indication of the place within the Platform which includes such content or material, or indication of circumstances in which the law or the Terms of Service were infringed, (d) declaration of acting in good faith in the scope covered by such notification.
9.4. As a consequence of receiving the notification indicated in clause 9.3 or an official notification, Comicspring shall prevent the User from accessing the Content. Comicspring shall in advance notify the User who posted such Content on the Platform on its intent to prevent the access to it in an e-mail sent to the e-mail address indicated during the Account creation procedure. Such User shall have 7 (seven) days to take a stance towards the allegation. Then, if the allegation proves justified, then Comicspring will delete such material, if, on the other hand, the notification referred to other type of infringement of the Terms of Service or the applicable law, then clause 5.7 of the Terms of Service shall be applied.
10.1. You shall have the right to file a complaint concerning operation of the Platform and the Services. A complaint should include at least details enabling identification of you as the complaining person, and should state reasonable reservations and comments concerning the Platform or the Services. The complaint shall be sent via e-mail to the following e-mail address: firstname.lastname@example.org or to the correspondence address of Comicspring. If the complaint needs to be complemented, then we will contact you and request to complete it.
10.2. We shall take a stance towards your complaint within 14 days from its receipt. You shall receive a response at the address from which you have sent the complaint, or at the address stated by you in the complaint report.
11.1. The Services shall be provided on an “as-is” basis, and Comicspring shall expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory. We make no warranty that the Platform will meet your expectations, will be available on an uninterrupted, appropriate, secure or error-free basis, or will be error-free, reliable or legal. In particular, Comicspring does not guarantee the satisfaction with the receipt or artistic level of the Comics. If applicable law requires any warranties with respect to the provided Services, the duration of such warranties shall be limited to 90 days from the date of the first use.
11.3. SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING DISCLAIMERS OR EXCLUSION OF IMPLIED WARRANTIES, THUS THE FOREGOING EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF DURATION OF IMPLIED WARRANTIES, THUS THE FOREGOING LIMITATION MAY BE NOT APPLICABLE IN YOUR CASE.
12. LIMITATION OF LIABILITY
12.1. To the extent permitted by law, in no event shall Comicspring be liable to you or third persons for any lost profits, lost data, cost of purchase of substitute products, or any damage arising from your abiding by the Terms of Service or inability to use the Platform, even if Comicspring is aware/has been advised of the possibility of such damage. In particular, we shall not be liable for any damage resulting from your use of the Services which is contrary to the usual use compliant with its intent or the idea of the Platform, or for unauthorized use of the Content or the Comics. The access to and the use of the Platform shall be at your own discretion and risk.
12.2. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY, THUS THE FOREGOING LIMITATION OR EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. In such a case, the following provisions related to liability shall be accordingly applicable to you: Comicspring shall not be held liable for any damage resulting from: (a) your infringement of the provisions of the Terms of Service, (b) your disclosure of the login or password for your Account to third persons; (c) the manner in which you use the Platform or Services, (d) inappropriate continuation or change of the Comics by the Comic Artists, and infringement of your intellectual property rights by the Users, (e) a short-term lack of access or disrupted access to the Platform resulting from the necessity to perform reparatory, maintenance or improvement works in the Platform, with a proviso that none of the above mentioned disclaimers of liability shall limit the principle that the Users being consumers are protected by such regulations applicable in their country of habitual residence which may not be excluded by means of an agreement.
12.3. IN NO EVENT, HOWEVER, SHALL COMICSPRING BE HELD LIABLE FOR WHETHER THE USERS PUBLISH THE COMICS IN COMPLIANCE WITH THE LAW OR RIGHTS OF THIRD PERSON.
13. AMENDMENT TO THE TERMS OF SERVICE
13.1 Comicspring may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law, or change of the organizational form of Comicspring) or technical (modernization of the Platform or Services, change of the operation manner of the Platform or the Services). You shall be notified on any amendment to these Terms of Service along with the reasons of such amendment via e-mail sent at the e-mail address at which your Account is registered 7 (in words: seven) days before the new Terms of Service come into effect. During this time, you should accept the new provisions of the Terms of Service, or refuse to accept them and terminate the Agreement.
14. DISPUTE RESOLUTION AND ATRBITRATION
14.1. THESE TERMS OF SERVICE SHALL IMPOSE AN OBLIGATION TO SUBMIT TO ARBITRATION RATHER THAN TO JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES AND SHALL ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. Any disputes arising out of or related to the use of the Platform shall be finally settled pursuant to the Rules of Arbitration of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw applicable as at the day of filing the motion for arbitration. The proceedings shall be conducted in English by one or more arbitrators appointed according to these rules. The Parties, their representatives, any other participants and arbitrators shall be subject to confidentiality obligation with regard to the existence, subject matter and result of the arbitration. The arbitrator’s decision shall be final and binding. These Terms of Service prescribe that disputes may only be settled by means of arbitration. Even if the governing law states otherwise, the user agrees and waives the right to participate in a group action. Some jurisdictions do not allow such limitation of seeking claims; in such a case this clause shall not be applicable to you, and clause 15.2 below shall be applied.
14.2. Should any dispute arise, you may refer to an arbitration court for mediation or settlement (you may take advantage of alternative dispute resolution, ADR). To this end, at your own discretion, you should file a motion for mediation or motion for settling the case before an arbitration court. Specific information concerning access to these procedures shall be available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in a legal act applicable to the User being a consumer. Being a consumer, you may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting your complaint through the EU online platform ODR available at the address: http://ec.europa.eu/consumers/odr/.
15. SPECIFIC PROVISIONS
15.1. Without prejudice to other provisions of the Terms of Service, if you are not a consumer, the following specific provisions shall apply to you: (1) Comicspring shall not be held liable for any damage caused to you by unintentional fault, whereby Comicspring’s liability shall be limited to actual losses incurred by you, (2) the rights and obligations resulting from the Terms of Service shall be governed exclusively by Polish law, (3) any disputes arising between Comicspring and you shall be referred to the court with the jurisdiction over Comicspring’s registered office. (4) should any of the provisions of the Terms of Service conflict with other or is inaccurate, then Comicspring shall be entitled to interpret the Terms of Service in a manner which is binding upon you. If any provision of these Terms of Service proves invalid entirely or in part, then the other provisions shall remain effective, whereas the remaining part of the Terms of Service shall be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to the invalid provisions.
16. FINAL PROVISIONS
16.1. Contact details and way of communicating with Comicspring: (a) e-mail address: email@example.com; (b) correspondence address: Golikówka 33A, 30-723 Kraków
16.2. The governing law for liabilities resulting from the Agreements shall be Polish law, with a proviso that such choice may not result in a consumer being deprived of the protection resulting from mandatory provisions of law applicable in the consumer’s country of habitual residence. The agreements shall be concluded in the English language.
16.3. If we fail to exercise any of our rights resulting from these Terms of Service, this shall not mean that we have resigned from them.
16.4. These Terms of Service and your rights and obligations prescribed by them may not be assigned, subcontracted, transferred, or otherwise conveyed by you without a prior written consent of Comicspring, and any attempts to assign, subcontract, transfer, or convey them undertaken in violation of the foregoing shall be ineffective. Comicspring may at its own discretion assign these Terms of Service. The terms and conditions prescribed in these Terms of Service shall be applicable to assignees.
16.5. Headings of particular sections shall be for reference purposes only, and shall not be legally binding.
16.6. The word “including” shall mean “including without limitation”.
16.8. These Terms of Service shall be effective as of 06/12/2016