Below this paragraph is the legal version of our terms of service. There are a lot of terms that can be confusing, as much as we tried to make it easy to understand. Please read it and make sure you understand it before continuing. In an effort to make it simpler, here are answers to the top most important questions:
1. Am I signing over the rights to my artwork?
No. You are granting only the rights needed to sell your comics on your behalf.
2. Does the art I upload need to be my own?
Yes. It has to be your own, or you have to have written license or authorization from the artist to publish it via Lush Comics and its apps.
We hope that helps.
Now on to the legally binding section:
Acceptance of terms
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- aside from actual fictional artwork, you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- exploits people in a sexual or violent manner;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Recitals- For Artists
- You, the Artist is the creator and/or owner of the rights to certain graphic stories (the “Artwork”). The Artist wishes to make the Artwork widely available in a digital format for purchase by consumers and fans around the world.
- The Company is the creator, developer, and owner of a mobile application that publishes content and comic books in a digital format that can be downloaded by users from one or more “App stores”
- The Artist desiring to contract the Company to publish the Artwork on the Company’s App and to act as the agent for the Artist with respect to making the Artwork available for download by end users in exchange for a fee, and Company desiring to act as publisher and sales agent for Artist, the Parties, in consideration of and subject to the premises and mutual representations, warranties, covenants, conditions and agreements set forth herein, agree as follows:
Artist hereby appoints Company as Artist’s agent for the publication, sale, and delivery through the Company’s Service of the Artwork to end-users located throughout the universe. Artist hereby acknowledges that Company will publish and make the Artwork available for download through one or more App stores, but for and on Artist’s behalf. The Parties acknowledge that this appointment is non-exclusive.
In furtherance of Company’s appointment under Section 1 above, Artist hereby authorizes Company to:
- publish, market, solicit, sell, and deliver the Artwork to end-users on the Artist’s behalf;
- provide hosting services for the Artwork in order to allow for the storage of, and end- user access to, the Artwork;
- make copies of, format, and otherwise prepare the Artwork for acquisition and download by end-users, including adding security;
- charge a fee to end-users for downloading the Artwork through the Publisher’s Service; pay all costs and expenses associated therewith, and retain a percentage thereof, as set forth in more detail below; and
- to do all things necessary to effectuate the letter and spirit of this agreement.
- The Parties agree and acknowledge that they are independent contractors and their relationship is one of principal and agent, or artist and publisher, as the case may be, and that Artist is and shall be solely responsible for any and all claims and liabilities arising from or relating to the Artwork and the end-user. Artist shall indemnify and hold Company harmless against any and all claims arising from or relating to the Artwork and/or Company’s actions or omissions on behalf of the Artist.
Artist acknowledges and agrees that:
- Company is hosting the Artwork and allowing the download of the Artwork by end- users on Artist’s behalf;
- The App store owner(s) control the information about the number of purchases by end-users, where and when they occurred;
- The App store owner(s) control the collection of all prices payable by end-users for Artwork acquired via the Publisher’s App through one or more App stores;
- In the event that the sale or delivery of any Artwork to any end-user is subject to any sales, use, goods and services, value added, or other applicable tax, under applicable law, responsibility for collection and remittance of said taxes rests not with the Publisher. The App store owner(s) may take responsibility for the collection and remittance of same pursuant to a separate agreement. Artist shall indemnify and hold Publisher harmless against any and all claims by any tax authority for any underpayment of any said taxes or levies, and any penalties and/or interest thereon;
- Publisher shall remit to Artist monies due as set forth in the pricing page for Artwork sold through the Publisher’s App. Artist will be paid on a monthly basis, either by check, or electronically via Paypal or Amazon Payments, as chosen by the Artist.
- The App store owner(s) have reserved the right to control the content of Apps such as the Publisher’s App and, therefore, Company does not and cannot guarantee that it can publish or sell the Artwork.
Term and Termination.
- The Artist may terminate this agreement by removing its content from sale via the Comapny’s Service. However, termination by the Artist shall not relieve the Artist of liability to end-users, or to Company for costs or expenses incurred on behalf of Artist.
- In the event the Artist no longer has the legal rights to the Artwork, or to authorize the Company to allow access to the Artwork by end-users in accordance with this Agreement, then Artist shall immediately provide notice of same to Company via email to email@example.com.
Company makes no claim to intellectual property rights in or to the Artwork.
This Agreement is not assignable, and shall not be assigned, by the Artist. This Agreement shall be binding on and inure to the benefit of the Parties and their parents, subsidiaries, affiliates, licensees, successors, and all parties in privity with them.
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions of the Parties, whether oral or written, and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein or therein.
This Agreement shall be construed and interpreted according to the laws of the State of New York without regard to the conflicts of law rules thereof, and the Parties agree to be subject to the personal jurisdiction of the state and federal courts of New York in connection with any dispute over this Agreement.
Unless the context requires otherwise, all words used in this Agreement in the singular number shall extend to and include the plural, all words in the plural number shall extend to and include the singular and all words in any gender shall extend to and include all genders.
If any provision, clause or part of this Agreement, or the application thereof under certain circumstances, is held invalid, the remainder of this Agreement, or the application of such provision, clause or part under other circumstances, shall not be affected thereby. In such case, the Parties will work together in good faith to agree upon and execute a new provision to address the one found invalid under certain circumstances that achieves the same business result without creating the same conflict that caused the original to be invalidated.