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Terms of Service

Updated April 28, 2021.

Welcome to Comicsgate.org!

Comicsgate.org provides its services (described below) to you through its website located at https://comicsgate.org (the “Site”) and through any mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://comicsgate.org/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Parental Notice: The Service is a fan-created and operated exclusive “interactive computer service” as defined under 47 U.S. Code § 230  “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions” and is required under federal law to notify users of “parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors,” including services like Net Nanny and WebTitan to protect minors from content parents deem over the top. Other such services can be found by Googling “parental control software”.

Services Description: The Service is a fan-created and operated exclusive “interactive computer service” as defined under 47 U.S. Code § 230  and is designed to make it easier for fans to find an unofficial listing of Comicsgate comic book and graphic novel creators, that is, those in favor of the movement who want to keep divisive politics out of their books, by posting and linking to their projects, and if creators wish to further take advantage of the Service, to solicit free help wanted ads, post their projects and more generally to comment on the state of the comic book industry, entertainment and pop culture. If you want to post additional content, you can comment on intellectual properties owned by others but they may only be posted to the extent covered by copyright fair use doctrine, meaning you need to be commenting on it, giving full attribution to that content to the intellectual property’s owners, and not simply reposting it as if it were your own intellectual property. It is also designed to provide a comprehensive listing of Comicsgate creators and creations. If you are Comicsgate and would like to see your content be posted here, too, it’s not an oversight, I probably missed it and you need to either email me at [email protected] or register with Comicsgate.org at https://comicsgate.org/register to make full use of the Service. If you register, you agree to provide to provide your true information and update if it changes. Registration data and certain other information about you are governed by our Privacy Policy. This is a free service for fans to find your content and drive traffic to your channels and books. If your content is posted here and you would rather it not be posted, please contact me at [email protected] and I’ll promptly remove it. Sorry but if you are under 15 years of age, you cannot register for the Service. If you are under 18 years old, you can use the Service but you must get a parent or guardian’s permission first. If you don’t get permission you could get in big trouble with your parents and you will not be allowed to use this service.

Member Account, Password and Security: You are responsible for keeping your password secret so don’t tell anyone. You are fully responsible for any and all activities that occur under your account. You agree to immediately notify [email protected] of any unauthorized use of your password or account or any other breach of security. Comicsgate.org will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Comicsgate.org reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Comicsgate.org will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You agree that Comicsgate.org has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded as part of Service. You acknowledge that Comicsgate.org reserves the right to terminate accounts that are being misused in any way or are inactive for an extended period of time.

Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device  (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you regarding Comicsgate.org and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Conditions of Use

Note on Youtube and Twitter content: To the extent that the Service posts automatically creator content from services like https://youtube.com and https://twitter.com via iframes and other embedding technologies, Comicsgate.org takes no responsibility for the content of videos and tweets on those respective platforms, and to the extent they are allowed by Youtube and Twitter’s respective terms of service, they are allowed to be posted here, too. If Youtube or Twitter remove content from their platforms, it will automatically be removed here, too. The following conditions of use only apply to content uploaded directly to Comicsgate.org.

User Conduct: You are solely responsible for all content that you upload via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Comicsgate.org. Comicsgate.org reserves the right to investigate and take appropriate legal action against anyone who, in Comicsgate.org’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • a) upload any content that (i) infringes any intellectual property or other proprietary rights of any party (again, only fair use is allowed); (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, tortious, excessively violent, defamatory, libelous, invasive of another’s privacy, or otherwise objectionable; and/or (vi) in the sole judgment of Comicsgate.org, which may expose Comicsgate.org or its users to any harm or liability of any type;
  • b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • c) violate any applicable local, state, national or international law, or any regulations having the force of law;
  • d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • e) solicit personal information from anyone under the age of 18;
  • f) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • g) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: Although the service is free to use, there may come a time when it offers products. To the extent the Service or any portion thereof is made available for any fee (for example, purchasing Credits as described below), you will be required to provide Comicsgate.org information regarding your credit card or other payment instrument. You represent and warrant to Comicsgate.org that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Comicsgate.org the amount that is specified in the order you place, in accordance with the terms of such order and this Terms of Service. You hereby authorize Comicsgate.org to bill your payment instrument for the amount specified in the order, and you further agree to pay any charges so incurred. If you dispute any charges you must let Comicsgate.org know within sixty (60) days after the date that Comicsgate.org charges you. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Comicsgate.org’s net income.

Personal Use: The Service is for both your personal and professional use. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Comicsgate.org, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Comicsgate.org.

Third Party Material: Under no circumstances will Comicsgate.org be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Comicsgate.org does not have any duty to pre-screen content, but that Comicsgate.org and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Comicsgate.org and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Comicsgate.org, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Some content available via the Services may include explicit language or images, which may not be appropriate for all audiences, and you use the Services at your own risk.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein, except as provided by fair use doctrine.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Comicsgate.org are non-confidential and Comicsgate.org will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Comicsgate.org may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Comicsgate.org, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Comicsgate.org respects the intellectual property of others, and we ask our users to do the same. This service is designed to make it easy for users to find Comicsgate creators in the wild, and you may notice that some of your content is already being posted, with the intent of making it more widely available to potential customers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify [email protected] of your infringement claim in accordance with the procedure set forth below.

Comicsgate.org will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law including fair use;
  • a statement by you, made under penalty of perjury, that the above 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.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Comicsgate.org has adopted a policy of terminating, in appropriate circumstances and at Comicsgate.org’s sole discretion, users who are deemed to be repeat infringers. Comicsgate.org may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Comicsgate.org has no control over such sites and resources and Comicsgate.org is not responsible for and does not necessarily endorse such sites and resources. You further acknowledge and agree that Comicsgate.org will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Comicsgate.org is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may be able to log in to the Service via various online third party services, such as social media and social networking services like Facebook, Instagram, Last.fm or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Comicsgate.org’s use, storage and disclosure of information related to you and your use of such services within Comicsgate.org (including your friend lists and the like), please see our Privacy Policy at wwwicsgate.org/privacy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Comicsgate.org shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Comicsgate.org is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Comicsgate.org is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Comicsgate.org enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold Comicsgate.org and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMICSGATE.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMICSGATE.ORG MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMICSGATE.ORG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMICSGATE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that Comicsgate.org, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Comicsgate.org believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Comicsgate.org may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Comicsgate.org may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Comicsgate.org will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Comicsgate.org will have no liability or responsibility with respect thereto. Comicsgate.org reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Comicsgate.org and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Comicsgate.org to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Comicsgate.org, we respect the privacy of our users. For details please see our Privacy Policy at https://comicsgate.org/privacy-policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service, or if you believe these terms of service are too strict.

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