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

Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before using the services offered by Electric Nectar, LLC, a/k/a Lush Comics. ("Company"). This agreement sets forth the legally binding terms and conditions for your use of the Website at lushcomics.com (the "Site"), and its associated technologies, including its software, apps, its content therein, and the service owned and operated by company (collectively with the Site, the "Service"). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this agreement. This agreement applies to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
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.

Modification of Terms of Use

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User or Artist Submissions, artwork, information, data, text, photographs, software, scripts, graphics, or any other item submitted by any User.
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:

1. 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;
2. aside from actual fictional artwork, you know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
5. involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6. exploits people in a sexual or violent manner;
7. 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
8. 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.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Recitals- For Artists

1. 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.
2. 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”
3. 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:

Agreement

1. Appointment.
   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.
2. In furtherance of Company’s appointment under Section 1 above, Artist hereby authorizes Company to:
   1. publish, market, solicit, sell, and deliver the Artwork to end-users on the Artist’s behalf;
   2. provide hosting services for the Artwork in order to allow for the storage of, and end- user access to, the Artwork;
   3. make copies of, format, and otherwise prepare the Artwork for acquisition and download by end-users, including adding security;
   4. 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
   5. to do all things necessary to effectuate the letter and spirit of this agreement.
3. 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.
4. Artist acknowledges and agrees that:
   1. Company is hosting the Artwork and allowing the download of the Artwork by end- users on Artist’s behalf;
   2. The App store owner(s) control the information about the number of purchases by end-users, where and when they occurred;
   3. 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;
   4. 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;
   5. 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.
   6. 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.
5. Term and Termination.
   1. 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.
   2. 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 support@lushcomics.com.
6. Intellectual Property.
   Company makes no claim to intellectual property rights in or to the Artwork.
7. Assignment.
   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.
8. Entire Agreement.
   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.
9. Governing Law.
   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.
10. Interpretation.
    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.
11. Severability.
    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.