Last Updated: July 27, 2021
The following are Privacy Policy of a legal agreement between you, any members of your team (collectively “you” and “your”), and UE COMIXTM and its affiliates (collectively, “UE Comix”, “we”, “us”, or “our”). These terms and conditions (collectively with UE Comix’s standard Terms and Conditions, Privacy Policy, and Content Policy) govern your use of your uploaded content on any website owned and/or operated by UE Comix. (the “UE Comix Website” or “Website”), any mobile applications, and the services, features, and content we offer (collectively “UE Comix Services” or “Services”).
These Services include a hosted e-commerce service, which enables you to publish your comics/graphic novel releases on the Website and promote and sell access to that content. Any new features or tools which are added to the Services will also be subject to these.
Publisher Conditions.
By offering releases to the public via the Services you acknowledge you have read, understood, and agree to be bound by these Publisher Services and to comply with all applicable laws and regulations. If you do not agree with these Publisher Conditions, you should not use the Website or Services. To the extent that there is a conflict between these Publisher Conditions and the standard UE Comix Terms and Conditions, Privacy Statement, and/or Content Policy, this agreement shall control.
Description of Service
The Publisher Service is a hosted e-commerce service, which enables you to publish content on the Website and promote and sell access to your uploaded content.
You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We do not warrant that the use of the Services will be uninterrupted or error-free and therefore disclaim all responsibility and liability for the availability, timeliness, security, or reliability of the Service.
Modifications to the Service and Prices
We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
We reserve the right to modify your listings on the Service including titles, descriptions, tags, and other elements if we determine that doing so is necessary to comply with any of the requirements of these Terms.
We reserve the right to charge for the Service under any pricing structure we designate at our sole discretion. Prices for using the Service are subject to change. Notice of such change may be provided at any time by posting the changes to the Service on the Website. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. If we terminate your account because you have breached these Terms of Service, you shall not be entitled to any refund or unpaid revenue related to the breach.
Account Terms
You must be at least thirteen (13) years of age to use this Service. If you are under 13, you may use The Website only with the involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
You are responsible for maintaining the confidentiality of your Service password and account and are responsible for all activities that occur thereunder. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason, and to withhold any unpaid fees if such fees are related to a violation of these or any other UE Comix policies.
Representations and Warranties
You represent and warrant that
(a) all of the information provided by you to us to participate in the Services is correct and current; and
(b) you have all necessary rights, power, and authority to enter into these Terms of Service and to perform the acts required of you hereunder.
Proper Use
You agree that you will use the Service in compliance with all applicable laws, rules, and regulations.
You shall not agree to, and shall not authorize or encourage any third party to
(i) use the Service to upload, promote, sell, transmit or otherwise distribute any design or other content that is abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or otherwise unlawful; or
(ii) upload, promote, sell, transmit or otherwise distribute designs or other content that infringe upon another party’s intellectual property rights or other proprietary or contractual rights or obligations. All uploads to the Service must comply with the UE Comix Content Policy.
You agree to comply with any mature content tagging requirements designated by UE Comix. Violation of any of the foregoing may result in immediate termination of these Terms of Service. We further expressly reserve the right to monitor your designs and other content and to remove, at our own discretion, any design or other content from your publisher profile, as well as the publisher profile itself.
Notwithstanding the above, we have no obligation to review your designs or other content and can in no way be held responsible for such content.
Orders Placed Via the Service
By uploading content in your publisher portal, you allow us and grant us the right to sell access to your content to any customer in the geographic regions you specify. You acknowledge that in order to provide a consistent experience for customers, any and all orders for access to your content placed via your publisher portal shall be solely governed by our general terms and conditions. You further acknowledge that this consistency of customer experience serves to benefit you as a publisher. No additional terms included by you shall be binding upon customers or UE Comix.
Personal Data
We will own any and all personal data processed via the Service, which data processing will be subject to the UE Comix privacy statement. We are under no obligation to share any customer data with you.
You also agree that you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Service.
Our rights include rights to:
(i) the Service developed and provided by us; and
(ii) all software associated with the Service.
Product Warranty and Product Liability
In addition to the statements incorporated by reference in the Warranty; Disclaimer section of the UE Comix Terms and Conditions, the following terms apply to content uploaded to your publisher portal.
As the owner of a design uploaded to UE Comix, you acknowledge that the buyers of access to your content may be entitled to certain warranty rights under the legislation of the countries where they live. Although the sales agreement for your content shall be between us and such buyers, you will be solely responsible for the fulfillment of such warranty rights. Furthermore, you maintain sole legal responsibility for the design specifications and performance of any content uploaded to UE Comix.
You agree to indemnify and hold UE Comix harmless from and against all loss, damage, cost and expense, including but not limited to reasonable attorney’s fees and expenses, incurred by UE Comix as a result of a breach or alleged breach by you of any term of, or representation made in, this Agreement.
If any claim or demand is made against UE Comix with respect to which UE Comix is entitled to indemnification, UE Comix shall promptly notify you of such claim or demand, specifying the nature of such claim or demand. UE Comix, at its sole option, may assume the defense and/or settlement of any claim or litigation arising hereunder and you shall cooperate with UE Comix in any such defense and/or settlement at your sole cost and expense.
Disclaimer / Limitation of Liability
These Terms of Service set out the full extent of our obligations and liabilities in respect of the Service. SAVE AS SET OUT IN THIS AGREEMENT, THERE ARE NO WARRANTIES, CONDITIONS, OR OTHER TERMS THAT ARE BINDING ON US REGARDING THE SUPPLY OF SERVICE EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. ANY WARRANTY, CONDITION, OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS OF SERVICE BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE YOU ARE LOCATED (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) ARE HEREBY EXPRESSLY EXCLUDED.
Nothing in these Terms of Service shall limit or exclude our liability
(i) for death or personal injury caused by our gross negligence or
(ii) for fraud or
(iii) any breach of the obligations implied by applicable compulsory national laws as to title or
(iv) any liability which cannot be excluded by law.
WE WILL NOT BE LIABLE UNDER THESE TERMS OF SERVICE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY US FOR THE USE OF THE SERVICES.
Cancellation and Termination
You may cancel your use of the Service and/or terminate these Terms of Service with or without cause at any time by providing notice to us. We may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Applicable Law
These Terms of Service shall be governed by the laws of Virginia, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Virginia, USA.
Any and all disputes arising from these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Service, shall be brought in the federal and state courts located in Virginia, USA.
If a dispute arises in connection with this Agreement, the dispute will be resolved by binding arbitration with the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules then in effect. Such arbitration shall take place in the state of Virginia.
YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE US AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST US, YOU AGREE THAT:
i) YOU SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND
ii) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Changes to These Terms
We reserve the right to change these Terms of Service from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms of Service in effect at the time of the transaction.
UE Comix Content Policy
UE COMIXTM supports creative freedom. From creators to illustrators to writers and fans, together, we are a collaboration of a very distinct and diverse community. We value the ideas, storytelling, creativity, and authenticity of our thriving community; however, sometimes our creative passion may push boundaries. As a platform, UE COMIXTM aims to deliver an open and safe environment for all creators and readers. Thus, to safeguard this ambition, we have outlined our community guidelines below.
Content Guidelines
Abusive Content
Abusive content or comment toward creators or other users is strictly prohibited. Abusive content is defined in this agreement as to any content or comment that promotes or encourages violence or has the primary purpose of inciting hatred towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc. Abusive content can also include revealing an individual’s personal information (e.g. real name, contact information, address, social security numbers, or any other personally identifiable information). UE Comix has final determination on whether any content on the Service is abusive.
Mature or Sexual Content
Content that contains pornography, explicit scenes of nudity, sex, or sexual acts (as determined by UE Comix) is forbidden. Creators whose work involves sexual content are required to censor their content to conform to the community and uploading guidelines.
The ‘Mature Content Disclaimer’ feature is expected to be utilized to identify mature themes and content, which includes topics of sexuality. However, please understand that utilizing the ‘Mature Content Disclaimer’ feature does not mean that explicit nudity or sexual content is allowed on the UE COMIX platform.
Violent or Graphic Content
Content that contains graphic depictions of excessive violence and gore or content that promote acts of excessive violence (as determined by UE Comix) is not allowed.
Publishing on UE COMIX
UE COMIX is a self-publishing platform, where you can publish your comics, graphic novels, illustrations, and manga. When you post on UE COMIX, you will ALWAYS retain ownership over your work. You will own all of your intellectual property, and you can continue to promote your work on social media or other publishing platforms while utilizing the tools and resources offered by UE COMIX.
You are expected and therefore required to own all the rights to the uploaded content. Your content must not infringe on the copyright, trademark, publicity right of any other party or otherwise violate the UE Comix Terms of Service.
To help promote your series, UE COMIX may use your chapter/episode and/or series assets for promotional marketing purposes.
Copyright
Any and all acts of posting, distributing, or transmitting a third party’s copyrighted content without the copyright holder’s written consent are forbidden.
Spam and Advertising
You are not strictly prohibited to post unsolicited or unwanted content or links on the UE COMIX Platform. This includes the creation of profiles or uploading content with the principal purpose to drive traffic to external or alternative websites. The utilization of automated means to increase view counts or perform social interactions or creating multiple accounts to increase view counts or perform social interactions will result in account suspension or removal.
Reporting Inappropriate Content
Reporting Comments
To notify the Admin of inappropriate comments, the user must click on the “Report” link below every comment. The Admin will review the reported comment and remove any and all comments determined to be in violation of our guidelines. Users with multiple violations may be suspended or permanently blocked from commenting.
Reporting Series and Episodes
Located at the end of each chapter/episode is the “Report” button which is available for all users to notify the Admin of content that violates our community guidelines. Chapters/Episodes with multiple reports may be removed until further review by the Admin. In the event that the same chapter/episode or series receives repeated reports, and the Admin has determined that the report is justified, the chapter/episode or series may be removed, and the user will receive a warning regarding the inappropriate content.
In situations where the chapter/episode or series content is found to be excessively inappropriate or in the matter where the user has received multiple violations regarding the content, the Admin has the sole discretion to suspend and/or terminate the user’s account and access to the platform.
If your content has been removed due to policy violations, you may contact the Admin at admin@uecomix.net
Copyright Infringement
Process for Reporting Copyright Infringement
In the event you determine that a user’s content violates your copyright or if you are the legal representative to represent the copyright holder, you may send a takedown notice to admin@uecomix.net with the following information. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
– A signature of the copyright holder or the copyright holder’s legal representative;
– Materials that prove that the person is the copyright holder;
– The specific URL of the infringing content on UE COMIX;
– Information of the copyright holder or legal representative sufficient to permit the service provider to contact you such as an address, phone number, or e-mail address;
– A statement that you have good belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
– A statement that the information in this notification is accurate, and under penalty of perjury, you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a takedown notice, we will immediately take down the content at issue and notify the user. If we do not receive a response from the user within 14 days, the content will remain blocked.
Counter-notice
If you believe that your content that was removed is not infringing, or if you have authorization from the copyright holder, the copyright owner’s agent, or pursuant to law, you may send a counter-notice to admin@uecomix.net with the following information.
– Your physical or electronic signature;
– Identification of the removed content and the specific URL of the content on UE COMIX;
– A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
– Your name, address, phone number, and e-mail address;
– A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
When a valid counter-notice is received, we may forward the notice to the notifying party who submitted the original copyright infringement notification. The original notifying party will then have 10 days to file legal action relating to the allegedly infringing material. Unless notice of legal action is received, the removed content may be replaced in 10 business days or more at UE COMIX’s sole discretion.
Indemnification
You agree to indemnify and hold UE Comix harmless from and against all loss, damage, cost, and expense, including but not limited to reasonable attorney’s fees and expenses, incurred by UE Comix as a result of a breach or alleged breach by you of any term of, or representation made in, this Agreement.
If any claim or demand is made against UE Comix with respect to which UE Comix is entitled to indemnification, UE Comix shall promptly notify you of such claim or demand, specifying the nature of such claim or demand. UE Comix, at its sole option, may assume the defense and/or settlement of any claim or litigation arising hereunder and you shall cooperate with UE Comix in any such defense and/or settlement at your sole cost and expense.
Applicable Law
These Terms of Service shall be governed by the laws of Virginia, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Virginia, USA.
Any and all disputes arising from these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Service, shall be brought in the federal and state courts located in Virginia, USA.
If a dispute arises in connection with this Agreement, the dispute will be resolved by binding arbitration with the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules then in effect. Such arbitration shall take place in the state of Virginia. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE US AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST US, YOU AGREE THAT:
iii) YOU SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS
ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND
iv) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Questions and Feedback
If you have any questions, concerns, or comments regarding UE Comix’s community and content guidelines do not hesitate to contact the admin at admin@uecomix.net.
