Terms & Conditions
As this site continues to grow, we at comicartfans.com are striving
to preserve the integrity of the site for the use of its members
and frequent site visitors. What follows is a list of Terms and
Conditions which, if followed, will help keep the Comicartfans.com
web site on track for the years ahead. Please review each item below
very carefully before you Agree or Disagree with these Terms and
Conditions. If you decide to Agree with it, please be a good steward
to the site and follow these guidelines and let us know when you
feel our site is being misused. Comicartfans.com reserves the right
to update the Terms and Conditions at any time without notice to
you. The most current version of the Terms and Conditions can be
reviewed by clicking on the "Terms and Conditions" hypertext
link located at the bottom of our home web page. If you have any
questions or concerns regarding this outline before making a decision,
please contact us.
- Age Limit -- This web site is primarily intended for
the use and enjoyment of persons who are at least 18 years old.
This web site does not market to or contain information specifically
intended for children less than 13 years old. Persons below 18
years of age may visit the unrestricted area of the web site,
but are not authorized to register for a user name for this site.
- Artwork posted to the site should be Comic Book/Strip related
- Although many comic art collectors also collect other artwork
from many genres, we insist that the artwork posted to this site
be restricted to the genre of comic books and strips. Comicartfans.com
reserves the right to remove artwork that doesn't match these
criteria. A warning, alert, or announcement may be issued to the
Gallery Owner, though this may not be always possible.
- You Must Own - or be the Creator of - the Artwork You Post
to a Gallery Room - As a Gallery Owner, you can only post
the images of a piece of artwork in your possession. The only
exception to this rule is if you are the Original Creator of the
artwork and are displaying this artwork as a reference to past
work you have done. Gallery Owners should not post scans of artwork
that they wish to own, or appreciate. With this in mind, we also
feel you should adhere to these best practices when managing your
Gallery Rooms:
- Gallery Owners should exercise responsible Gallery maintenance
and remove items from their Gallery when they no longer possess
a piece of art.
- Artists who are Gallery Owners and are posting personal
work as a reference to their past work should note in their
description that the piece is no longer available for sale.
- Copyright infringement claims must follow the Comicartfans.com
Copyright Notice and Infringement
Claims Process. Upon receiving a notice of copyright infringement,
Comicartfans is required by law to remove the allegedly infringing
material or disable access to the material. As appropriate,
copyright infringement will also result in the termination
of the infringer's accounts and access. Material determined
to be non-infringing will be restored to the web site. Comicartfans
is not responsible for any damages or losses associated with
the suspension of access or removal of allegedly infringing
material as the result of an infringement claim. All subscribers
must read and agree to follow the Copyright Notice and Infringements
Claims Process.
- All Artwork posted to the site should be "Original".
Although many art collectors and hobbyists also collect and own
limited prints and giclees, Comicartfans.com would appreciate
that you refrain from posting scans of any type of print on this
web site, unless it has a special illustration as part of the
signature, etc. Comics with sketch covers, etc., are also permissible.
Sometimes a collector will post a scan of the final print/published
version when they actually own the original artwork or they will
use the Published scan as a comparative image to actual artwork.
Posting of the published piece is only permissible when it is
noted in the description why the printed image is being used in
lieu or with, the original art (for example, the piece was too
large to scan, etc.). Comicartfans.com reserves the right to remove
art reproductions of this type from the site. A warning, alert,
or announcement may be issued to the Gallery Owner, though this
may not be always possible.
- Posting Photographs - Photographs are allowed to be posted
to a Comicartfans.com Gallery Room if they are related to comic
art. We encourage all Gallery Owners to take digital pictures
at Comic Conventions of Artists that they meet. You may not post
photographs that you have not taken yourself. Comicartfans.com
reserves the right to remove photographs from the web site that
do not contribute to the comic art community. A warning, alert,
or announcement may be issued to the Gallery Owner, though this
may not be always possible.
- Artwork Containing Nudity & Mature Content - Comicartfans.com is viewed
by many types of people in varying situations - Individuals at
work, or young children at home, for example. Because of this,
a strict policy of restricting access to Gallery Rooms containing
nudity must be enforced. If you are posting artwork with any kind
of nudity we feel you should "Lock" your Gallery Room
from view (click the 'Edit Room Description/Details' link when
in the My Gallery editing area and check the Restricted box.).
When a Gallery Room is "Restricted", another site visitor
must log into their valid Comicartfans.com Account in order to
view the artwork in that Room. Gallery Rooms containing tasteful
nudity do not necessarily need to be locked down, but the Room
MUST contain a "***Nudity Warning***" in the title.
This policy should also be followed with Rooms that are locked.
Images that contain pornographic content are not permissible on
Comicartfans.com. For a summary of what we consider "pornographic content"
please CLICK HERE
(be aware, our summary is graphic to make the point very clear).
Submissions which are judged to be in violation of these guidelines
will be removed without prior warning. Users found submitting such
content may have their account banned or suspended without warning.
Also be aware that we prohibit providing any outside link to another
website which provides access to the material described above.
When your artwork is posted to this site to share with other fans,
Comicartfans.com becomes the final arbiter as to whether or not
your work is in good taste or not. Comicartfans.com reserves the
right to "Restrict" a Gallery Room when it seems appropriate,
or delete a Room in its entirety when necessary. A warning, alert,
or announcement may be issued to the Gallery Owner, though this
may not be always possible.
- Comicartfans.com is Not Responsible for Transactions Which
Occur as a Result of Artwork Posted to the Web Site - Very
often, Gallery Owners will have artwork for sale on the Comicartfans.com
web site. When a Gallery Owner uses Comicartfans.com to market
the artwork they have for sale - and sells a piece of artwork
to another collector or site visitor - Comicartfans.com is not
responsible in any way for a successful transaction to occur.
If a Site Visitor uses the Comicartfans.com For Sale Search to
locate and purchase a piece of art, Comicartfans.com is not responsible
in any way for the transaction to be successful. Similarly, if
a site user or visitor commissions an Artist as a result of seeing
samples of the Artist's work on Comicartfans.com, this web site
is not responsible for that Artist to deliver a quality product,
or any product at all. Please do not ask Comicartfans.com to help
you moderate a transaction or disagreement that might occur -
we wont.
- Disclaimer -- The Comicartfans.com site is provided on
an "as is" basis without warranties of any kind, either
express or implied, constructive, or statutory, including, but
not limited to, warranties of title or implied warranties of merchantability
or fitness for a particular purpose, non-infringement, or any
other implied warranties arising out of course of performance,
dealing and/or trade usage. Comicartfans.com does not guarantee
or warrant continuous, uninterrupted or error-free access or usage,
or that defects will be corrected, or that this web site or the
server that makes it available are free of viruses or other harmful
components. Some states do not allow the disclaimer of implied
warranties so the foregoing disclaimer may not be applicable in
full. This section will be allowable to the maximum extent allowed
by applicable law.
Comicartfans.com does not make any warranty, whether express or
implied, or make any representations regarding any content, information,
services, or products obtained or provided through or in conjunction
with Comicartfans.com. Neither Comicartfans.com, third party information
providers, or other content partners make any guarantee regarding
the accuracy, correctness, timeliness, sequence, reliability,
or completeness of any information or content provided by Comicartfans.com.
Additionally, there are no warranties as to the results obtained
from the use of the information. Any material downloaded or otherwise
obtained through the use of Comicartfans.com is downloaded at
the user's own risk.
The user will be solely responsible for, and assumes the entire
cost of, all necessary servicing, repair, or correction in the
event of any damage or loss due to content, downloads or any other
material or information the user obtains from Comicartfans.com.
- Limitation of liability -- Under no circumstances and
in no event shall Comicartfans.com, its information providers,
or content partners, or their respective employees, representatives,
agents or licensors (collectively, "the Comicartfans.com
parties"), be liable, regardless of the cause or duration,
for any errors, inaccuracies, omissions, or other defects in,
or untimeliness or absence of authenticity of, the information
contained within the Comicartfans.com web site, or for any delay
or interruption in the transmission thereof to the user, or for
any claims or losses arising therefrom or occasioned thereby.
Under no circumstances and in no event shall Comicartfans.com
or any of the parties be liable for any direct, indirect, incidental,
special, consequential, punitive, or exemplary damages arising
out of or relating to this agreement and/or use of, or inability
to use, the Comicartfans.com web site, or the claims of third
parties, including users, however caused, under any legal theory
(whether in contract, tort, negligence, strict liability or otherwise),
even if any Comicartfans.com party has been advised of (or if
any Comicartfans.com party is aware of or should have been aware
of) the possibility of such damages. In addition, under no circumstances
and in no event will the aggregate liability of all Comicartfans.com
parties arising out of or relating to this agreement and/or relating
to use of, or inability to use, the Comicartfans.com web site,
under any legal theory, exceed the amount paid by the user, if
any, to access the Comicartfans.com web site.
- Indemnification -- User agrees to indemnify and hold
harmless, and at Comicartfans.com request, defend the Comicartfans.com
parties and their respective parents, subsidiaries, affiliates,
partners, agents, employees, directors, officers, shareholders,
members, and other owners, from and against any and all claims,
actions, demands, liabilities, losses, damages, judgments, penalties,
settlements, costs and expenses (including reasonable attorney's
fees and costs) (hereinafter referred to as "losses")
insofar as such losses (or actions in respect thereof) arise out
of, are based on, or relate to: (i) your use of the Comicartfans.com
web site; or (ii) any misrepresentation of any information, representation
or warranty, or breach of this agreement or any other covenant
or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s)
against any Comicartfans.com party based on user's conduct or
use of Comicartfans.com's web site or services, user agrees to
compensate all Comicartfans.com parties (including their respective
officers, directors, employees and agents) for any and all losses
in connection with any such claim, lawsuit or proceeding.
- Governing law -- The formation, construction and interpretation
of this agreement shall in all respects be governed by and construed
in accordance with the laws of the United States and the State
of Ohio, U.S.A., as such law applies to agreements between Ohio
residents entered into and wholly performed within Ohio, without
giving effect to any principles of conflicts of laws. This agreement
shall not be governed by the United Nations Conventions of Contracts
for the International Sale of Goods, the application of which
is hereby expressly excluded from any interpretation of this agreement.
By using this site, you hereby consent to the exclusive personal
jurisdiction and venue of the state and federal court of the State
of Ohio, U.S.A. it is hereby agreed that any action at law or
in equity arising under this agreement and/or your use of the
Comicartfans.com web site shall be finally adjudicated or determined
in any court or courts of the State of Ohio or of the United States
of America, in Summit County, Ohio, and the parties hereto hereby
submit generally and unconditionally to the personal and exclusive
jurisdiction and venue of these courts in respect to any such
matter and consent to service of process by any means authorized
by Ohio law.
- Acceptance - Your use of Comicartfans.com constitutes
acceptance of this agreement. You hereby waive any and all defenses
you may have based on the electronic form of this agreement and
lack of signing or other form of electronic execution by the parties
hereto. You agree to abide by the terms and conditions of this
agreement and any additional terms, conditions, rules or procedures
imposed by Comicartfans.com or by third party content providers
in connection with third-party content, software or services available
on, through or in connection with Comicartfans.com.
- Affiliate Programs - When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network, Amazon, and other ecommerce websites.
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