General terms of use and conditions

ComicSquare General terms of use and conditions
     1.1 Introduction
     1.2 Purpose
     1.3 Communication with users
     1.4 Users obligations
     1.5 Pieces of work uploaded by users
           1.5.1 Sale of pieces of work
                   1.5.1.1 Methods of payment
           1.5.2 Purchase of pieces of work
     1.6 Other services
     1.7 Disclaimer of warranties and liability
     1.8 Links to third party websites
     1.9 Applicable legislation
Intellectual Property and Copyright
Data Protection Policy
     3.1 Cookies
     3.2 Legal framework of the data protection declaration

1 ComicSquare General Terms of Use and Conditions

1.1 Introduction

Below you can find the conditions of use of the website ComicSquare.com as well as all the information deemed necessary for the user. 

A user is defined as any person who voluntarily accesses and uses the website COMICSQUARE.COM. By using the services in any manner, the user agrees with the general conditions stated here, or any other that could be added, amended or substituted. The terms and conditions of use are therefore permanently accessible on the website COMICSQUARE.COM through the link “terms of use”. The owners of the COMICSQUARE.COM website reserve the right to amend the current Terms and Conditions or any content of the website COMICSQUARE.COM, including the removal and/or addition of any services without prior notice. At any time, the owners of the website COMICSQUARE.COM reserve the right to deny access without prior notice to any users not complying with the conditions of use.

1.2 Purpose

The aim of COMICSQUARE.COM is to provide to authors (amateurs or profesional) a space for the circulation and sale of digital comics, as well as the promotion of all aspects related to the comics and their illustration. A digital comic is considered to be any illustrated story in a digital format to be visualised on any suitable device. The website COMICSQUARE.COM offers this service to its users as well as its corporate blog.

1.3 Communication with users

On specific occasions and with prior authorization, COMICSQUARE.COM will be able to send emails to its users, with information related to the activity and promotions of COMICSQUARE.COM and its users. COMICSQUARE.COM will only share users information voluntarily given (by the users) and provided that they do not violate any legislation.

1.4 Obligations of the users

Any user of the website COMICSQUARE.COM agrees to make proper use of the website and its services in full compliance of the law and the general conditions. Although COMICSQUARE.COM does not require a prior subscription or registration of the users to access and use the website, it does require a registration for some services and purchase of products. To register, users will choose a user name and password that they agree to keep and use with due diligence. The use of the password is strictly personal and non transferable, even temporarily to third parties. The user must use the appropriate measures for keeping their account password secure preventing its use from third parties. Consequently the only the user can be hold responsible for the use of his password. COMICSQUARE.COM is not responsible or liable for the misuse, abuse, and harm made by third parties using users’ passwords. In the event that the user is aware or suspects unauthorised use of his password by third parties he must notify COMICSQUARE.COM immediately.

Registration to the services must be done accordingly with the procedure stated. All the information provided by the user to COMICSQUARE.COM through our services must be truthful and accurate. The user guarantees the authenticity and accuracy of all the information provided. It is also the user’s responsibility to keep the account information given to COMICSQUARE.COM updated and accurate accordingly to the actual user’s situation. In any case the user will be solely responsible and liable for any false or inaccurate information provided and the damage to COMICSQUARE.COM or third parties. The user agrees to comply to the applicable legislation and all third parties rights for using the services and content of this website.

Any reproduction, distribution, transfer, adaptation or amendment of any kind and of any content of the website COMICSQUARE.COM is strictly forbidden without authorisation. It is also forbidden to use any content that violates national law, to promote, advertise, distribute products that violate national law, to use legally protected content without any rights, to harass other users (especially through spam) and / or slander/insult third parties, wether or not they are COMICSQUARE.COM users, individuals or companies. 

The user agrees not to facilitate, in any way via COMICSQUARE.COM, any information aimed at direct contact among users for any business activity outside of COMICSQUARE.COM. Similarly, the user agrees that all the information provided is truthful and accurate. The users agrees not to use mechanisms, software or scripts in connection with the use of the website that would allow to block, overwrite, amend, or copy the information and contents of the website COMICSQUARE.COM, as well as anything that could impair the good functioning of COMICSQUARE.COM.

Pieces of work uploaded by users

Any user can upload pieces of work to the website COMICSQUARE.COM, for which it is necessary to register and log in as an author. Any user who uploads pieces of work to COMICSQUARE.COM is considered as the rightful owner of the intellectual and industrial property rights of the work for its reproduction, distribution and public communication though any online means, mainly internet and email, to everyone for unlimited time, or has express authorisation of the owner allowing its uploading to COMICSQUARE.COM.

Even so, and although COMICSQUARE.COM recognises freedom of speech, particularly artistic, COMICSQUARE.COM does not allow the inclusion of pieces of work which:

presumably or not are considered to violate or infringe national, European, or international law; to conduct allegedly illegal activities or contravene the principles of good faith.

do not meet the minimum quality standards or do not comply with the preset content.

As a precautionary measure and  without prior notice COMICSQUARE.COM reserves the right to suspend or withdraw a piece of work if it violates some of the points described in the Terms and Conditions, and to take action against those responsible for uploading it, as suspending or deleting the user account.

The pieces of work must be uploaded to the website though the tools provided by COMICSQUARE.COM and the user agrees to use them correctly. Especially, the user agrees to specify content warnings related to the pieces of work for filtering purposes. ComicSquare reviews contents periodically to ensure that those content warnings are well marked, so it reserves the right to add, remove and modify them for some pieces of work without notice. Also, ComicSquare can take action against any piece of work not displaying the corresponding warning or against the author for not including them.

1.5.1 Sale of pieces of work

Through the tool or tools provided by COMICSQUARE.COM website, the user can choose a retail price for his work, that is, the download. This price may be fixed (set by the user, understood as “sell”) o variable (set by the buyer from a series of options provided, understood as “donation”). In any case, the final price will include the relevant fees and the charges COMICSQUARE.COM impose for its services. Also, it is the sole responsibility of the user to add any fee or tax imposed on his work and activity.

1.5.1 Methods of payment

The payments for the purchase and sale of pieces of work on COMICSQUARE.COM are done via PayPal. In any case, COMICSQUARE.COM reserves the right to provide other ways of payments for those users who may require it with no guarantee.

On the last 2-3 working days of each month, any amount equal or superior to 5 euros will be automatically credited on the Paypal account provided by the author. For amounts inferior to 5 euros, the author will have to specifically request it to COMICSQUARE.COM, at any moment of the month in the 2-3 working days following the request. Either way, those payments will correspond to the total of the accumulated amount until then and cannot be split.

1.5.2 Purchase of pieces of work

Once a purchase has been completed, the user buyer will receive on the email account provided a link which will give access to the download in the requested format for 30 days after payment has been processed (download allowed time). COMICSQUARE.COM is committed to the safeguarding of the works in its database for as long as necessary in order that all users who have purchased a piece of work can have access to it until the download expiry time. During that time, the buyer will have unlimited download access of the purchased piece of work. A user may remove the uploaded piece of work at any time, but COMICSQUARE.COM will ensure the access to it for the purchasers until the expiration of the download allowed time.

1.6 Other services

Apart from the above, COMICSQUARE.COM reserves the right to provide their users with additional services that are intended to achieve the objectives described in paragraph 1.2. Any other additional service will have some Special conditions which must be accepted by the user for its use.

1.7 Disclaimer of warranties and liability

COMICSQUARE.COM is not liable for damages and loss of any kind due to the lack of authenticity, accuracy, thoroughness, update, and errors or omissions that could the information and services of the website or other contents which could be part of the information accessible from it; or assume any obligation or commitment to verify or monitor the content and information. Also, COMICSQUARE.COM does not guarantee the availability, continuous operation and error free service of the website and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may result from the lack of availability or continuous operation of the website and the services offered by the website, as well as errors in accessing the different web pages or those from which such services are provided. COMICSQUARE.COM is not liable for the contents, data and / or information provided by its users, nor for the contents of external websites links. Also COMICSQUARE.COM is not responsible for the opinions expressed by users through the website.

1.8 Links to third party websites

On COMICSQUARE.COM direct links to external websites and / or managed by third parties can be found. COMICSQUARE.COM assumes no liability or responsibility for the existence of links between the content of this website and external contents or any other reference to external contents to this website. Such links or references are for information purposes only and in any way imply our support, endorsement or any association or any relationship between COMICSQUARE.COM and the persons or entities and / or managers of such contents or the owners of the websites where they are found.

1.9 Applicable Law

Those terms and the other conditions of the website are governed by the Spanish legislation. In case of finding these conditions in different languages, the latest revision in the Spanish language will always prevail. COMICSQUARE.COM and the user expressly waive whichever jurisdiction may apply to them, by submitting to the Courts of Granada.

2. Intellectual property rights

COMICSQUARE.COM  reserves the intellectual and industrial rights on the website, its design, codes, texts, business names, brands, distinctive signs and other elements.

The works uploaded by the users should be under their intellectual and industrial property or have a written specific permission by the owners of the works. This permission should be sent to comicsquare@comicsquare.com for validation.

The upload of pieces of work under the Creative Commons Licence will be valid only if the user who uploads them is the owner of the rights and that no harm is incurred by its publication and sale in COMICSQUARE.COM.

By uploading a piece of work to the website COMICSQUARE.COM, the user agrees that it will be published on the website and that parts of it, modified or not, could be used for marketing purposes by COMICSQUARE.COM on the website, the corporate blog or any other media at the discretion of COMICSQUARE.COM without any prior request and without it being detrimental to any of the parties. If any of the content displayed on COMICSQUARE.COM, infringed the rights of intellectual property of third parties, either from COMICSQUARE.COM or any of its users, please get in touch with us through the comicsquare@comicsquare.com email address stating the infringed material, the infringing material and the owner of the intellectual property rights and any other useful information for the verification of the possible infringement.

In any case COMICSQUARE.COM is not responsible for the violation of intellectual property rights to third parties, and that responsibility fall under those users who upload them.

3. Data protection policy

COMICSQUARE.COM, in accordance with the Law 15/1999 of Protection of Personal Data, informs that it maintains files of personal data provided by the users at the time of registration and through any activity performed on COMICSQUARE.COM, and also informs of the possibility to exercise the rights of access, rectification, cancellation and opposition. In any case, these data will be always used for the purpose indicated to the user at the time of their request. The user, by providing them, accepts its usage by COMICSQUARE.COM.

3.1 Cookies

Cookies are small pieces of information that are stored in the computer through the visit of a website. This website uses cookies, and the user accepts the use of cookies being able however to deactivate and / or erase those cookies following the instructions of his internet browser. For more information, read section “Cookies Policy.

3.2 Legal framework of the Data protection declaration

The present data protection policy is governed by the Spanish law. In case of finding this policy in different languages​​, the latest revision in the Spanish language will always prevail. COMICSQUARE.COM and the user expressly waive whichever jurisdiction may apply to them, by submitting to the Courts of Granada. COMICSQUARE.COM reserves the right to amend the current policy to update it to any future legislation changes.