Terms and Conditions for ComixShop Vendors
CXC ComixShop is your own unique online storefront for selling your Indie Comics and Art Work on ComixCentral.com. Each store is Free to open, has it’s own unique URL, Dashboard and Portal for uploading and managing your Indie content.
Welcome to ComixCentral.com (the “Site”). Users of this website, which is operated by ComixCentral (“the Company”), are requested to abide by the terms and conditions of use set forth herein. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
ComixCentral (“ComixCentral,” “CXC,” “we,” “us,” and “our”) reserves the right to change any of the terms and conditions contained in these Terms and Conditions or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING COMIXCENTRAL’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
ComixCentral provides a platform for third-party sellers (“Vendors”) and buyers (“Buyers”) to negotiate and complete transactions.As a Vendor, you may list any Comicbook or Art Piece on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in Section 5, or otherwise prohibited by law. It is up to the Seller to accurately describe the item for sale. As a Vendor, you use the Site and the Services at your own risk.
2.ComixCentral Reservation of Rights.
ComixCentral retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Vendor not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with these Terms and Conditions) that has been charged for an order that we stop or cancel.
- ComixCentral Participation.
Employees of ComixCentral and its affiliates are permitted to participate in their personal capacity (i.e., not as ComixCentral employees, representatives, or agents of ComixCentral or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of ComixCentral and its affiliates, when participating in any transaction in their personal capacity, are subject to these Terms and Conditions and the same procedures and guidelines contained in the Help section as any Buyer or Vendor on this Site.
4.Representing Yourself, Your Shop and Your Listings Honestly
By selling on ComixCentral, you agree that you will:
- Provide honest, accurate information in your ComixShop storefront, should you choose to complete it.
- Honor your shop policies, should you choose to publish them.
- Accurately represent your items listings and listing photos.
- Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to ComixCentral.
- Not create duplicate shops. Duplicate shops are prohibited and will be removed if discovered.
You may not use the ComixShop by ComixCentral to sell Comics or Art that:
- violate any law, statute, ordinance or regulation.
- depict the promotion of hate, violence, racial intolerance
- that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
- was created and owned by another party.
- constitutes libel or slander or is otherwise defamatory
- are unauthorized reproductions of another artist, writer or creator’s work.
- Extortion is strictly prohibited on ComixCentral. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and will not be tolerated on ComixCentral. Extortion includes when a Vendor offers a buyer additional goods, services, or compensation in exchange for a positive review.
- Shilling (the fraudulent inflation of a shop’s reputation by use of an alternate account, ie: leaving fraudulent reviews) will not be tolerated on ComixCentral. It is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs or experience of the buyer.
6.Activities Requiring Approval
All applications to open a CXC ComixShop will be submitted to an approval process carried out by the CXC administration. ComixCentral reserves the right to reject any application for any reason at any time. In the event that the application is denied, the vendor will be notified by email and given reason. The vendor may choose to resubmit a vendor application.
All Art and Comics being sold via the ComixCentral marketplace/ComixShop must be approved by the CXC administration, with the exception of “Trusted ComixShops” who have gained the right to upload and sell directly to the Marketplace Buyers with no approval process necessary.
The status of “Trusted ComixShop” may be revoked at any time by ComixCentral without warning. An explanation will be issued by CXC giving the Vendor the opportunity to resolve the issue and have their “Trusted Comixshop” status reinstated.
ComixCentral reserves the right to not reinstate the “Trusted Comixshop” status if deemed necessary by ComixCentral and it’s employees.
Vendors are responsible for the pricing of their own Products including but not limited to Comicbooks and Artwork.
- For sales where a Vendor lists goods at a fixed price (“fixed price sales”), the Vendor is obligated to sell the goods at the listed price to Buyers who meet the Vendor’s terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive
- For fixed price sales, Vendor will determine the purchase price for each item he or she lists on the Site via and subject to ComixCentral.com’s standard functionality for listing the purchase price, provided that Vendor must abide by the same procedures and guidelines contained in these Terms and Conditions is regards to pricing.
By entering into these Terms and Conditions and posting a listing for fixed price sale, you agree to complete the transaction as described by these Terms and Conditions. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
You agree that it is the Vendor’s responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that ComixCentral is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
11.Payout and Commissions
- Digital Products- The commission rate on all Digital ComixCentral products available in Vendor ComixShops is 10%. ComixCentral reserves the right to change the commission rate at any time. Any changes to this commission will be effective 30 days following posting of the revisions on the Site. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes. Changes to referenced policies and guidelines may be posted without notice to you.
When one of your products is purchased your commissions will be deposited into your account. Track your earnings in your “My Account”. Payouts will be issued through your Paypal account and will occur on or about the first of each month. Vendor accounts must have accumulated a minimum of $10 in order for cash out to occur.
12.Reviews and comments
Reviews and your response to reviews may not:
- Contain private information;
- Contain obscene, racist, or harassing language or imagery;
- Contain prohibited medical drug claims;
- Contain advertising or spam;
- Be about things outside the seller’s control, such as a shipping carrier, ComixCentral or a third party; or
- Undermine the integrity of the Reviews system.
By visiting and using ComixCentral.com, you agree that the laws of the province of Alberta, without regard to principles of conflict of laws, will govern these terms and conditions of use, and you consent to the exclusive jurisdiction of the Provincial and Federal courts located in Calgary, Alberta, Canada to resolve any dispute that may arise between you and ComixCentral.
By posting Your Content, you grant ComixCentral a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote ComixCentral, your ComixShop, or the Services in general, in any formats and through any channels, including across any ComixCentral Services or third-party website or advertising medium.
This grant is necessary for us to keep ComixCentral operational. Examples: if you upload a photo of a Comicbook on your ComixShop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a photo of your latest project, we can feature it on our homepage, social media accounts and newsletter.
(CXC Note) This is good for you and for ComixCentral. To be clear, we do not own your content, we are merely using your content to promote and operate ComixCentral.
Termination By You. You may terminate your account with ComixCentral at any time for any reason. Please contact our support team for account termination [email protected]
Termination By ComixCentral. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. ComixCentral may refuse service to anyone, at any time, for any reason.
- If you or ComixCentral terminate your account, you may lose any information associated with your account, including Your Content.
- We May Discontinue the Services. ComixCentral reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
- Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Entire Agreement. These Terms and Conditions, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notices and Conditions of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
No Agency; Third-Party Beneficiary. You and ComixCentral are independent contractors and nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of ComixCentral, you, and relying Vendors or Sellers.
Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver. ComixCentral will be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by the relevant party. No delay or omission by ComixCentral in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. ComixCentral’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of either party’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
17.Violations of the Vendor terms
We encourage you to report violations of the Vendor Terms to ComixCentral immediately. If you have a question about whether a Comicbook or piece of Art may violate the Vendor Terms, you can email us at [email protected]
Last Update: January 27, 2017