Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms and conditions (Terms) (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.comichaus.com (our site). Use of our site includes accessing, browsing, or registering to use our site and make use of the services that we supply.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Other Documents referred to

These terms of use refer to the following additional terms, which also apply to your use of our site:

•          Our Privacy Policy (Privacy Policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

•          Our Acceptable Use Policy (Acceptable Use Policy), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

INFORMATION

1.         www.comichaus.com is a site operated by Odin Distribution Limited T/A Comichaus ("We"). We are registered in England and Wales under company number 12271294.

2.         If you wish to contact us then the easiest way to do this is by email, to the following email address: [email protected] . You may also write to us at the following address: Odin Distribution Ltd T/A Comichaus, PO BOX 239, Plymouth, PL1 9GJ, United Kingdom. 

3.         If we have to contact you we will do so via your email address or other contact information supplied as part of your account set up.

4.         In either case, if we send you information via email or you send us information via email, both parties are deemed to have received that notice when it is sent. This will affect the day you have served notice should you wish to cancel your account on our site.

5.         If we need to make changes to these Terms then we shall notify you. Our Privacy Policy and Acceptable Use Policy will be updated from time to time and it is your responsibility to review any updated terms. If you do not agree to any new terms then you must cease using our services. If you do not notify us of any rejection of the new terms then you are deemed to have accepted them.

ACCESS & YOUR ACCOUNT 

6.         Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

7.         You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

8.         When you set up an account you are required to have both a username and password as part of our security procedures. You must treat such information as confidential and not disclose it to third parties. We use every effort we can to protect the security of our users, but if you provide your account details to a third party then you do so at your own risk and we cannot be held liable for any loss that you suffer as a result, such as them removing your comics for sale or reducing the price that you are looking to achieve.

9.         We reserve the right to disable or suspend an account for whatever reason. We will usually only undertake this course of action where we believe that you have failed to adhere to these Terms.

10.       If you know, or suspect, that anyone other than you knows your user ID then please change it as soon as possible and notify us on the email address provided above.

OUR SERVICES 

11.       We shall make available the Site in order that you can upload your comics and advertise them for sale, search for comics that you wish to purchase, notify other users of comics that you wish to purchase and purchase comics from our sellers (Services).

12.       We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.

13.       We have the right to remove, change or add to any content that you may upload to the Site as we see fit. We will not make any changes to the price that you are looking to sell the  comics for without your prior consent. We may write to you to provide useful data on price recommendations.

INTELLECTUAL PROPERTY RIGHTS

14.       We are the owner or the licensee of all intellectual property rights in our site (save for the comics), and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

15.       When you upload any comics then you must include the author of the works. We allow you to upload a maximum of 12 images. This is for the purpose of demonstrating the condition of your comics and you are not allowed to upload the whole comic, or more pages that necessary to show the condition (other than the title page/front cover) as this will constitute a breach of the artists copyright in those works. The author of any works that you upload must always be present.

16.       It is acknowledged by both parties that the intellectual property rights in any images uploaded will belong to the image rights holder. We reserve the  right to refuse to publish or withdraw any comics or images uploaded to the site which we believe do not have the consent of the original artist has been obtained.

SALES: CHARGES & PAYMENT 

17.       Our Site allows sellers to advertise and make sales of their comics. Any sales are agreed solely between the seller and the buyer. We are acting as a marketplace for such sales and are not contracting, howsoever, to sell the comics. Sellers are responsible for fixing both the price of the comic and any delivery charges, they are also responsible for procuring delivery and deciding whether to send the goods before taking payment or not. We are not responsible for non-payment by a buyer to a seller.

18.       On a successful sale we shall charge the seller for a commission of 8% (excluding any delivery costs that are agreed between the seller and the buyer). We will collect this commission automatically at source via our PayPal integrated system. This payment will therefore be made to us once the buyer has paid.

19.       It is the seller’s responsibility to ensure that the buyer has a right to return goods that are purchased through our site within 14 days, starting from the day after they have received the goods. This period is referred to as the Refund Period. Sellers should ensure that they process a refund of any payments received by a buyer if they are notified within the 14 day period that the buyer wishes to reject the goods and they are returned to the seller within 30 days in the same condition as sent out. The seller shall only be liable to make a refund when in receipt of the goods, and if they are returned in a worse condition than sent out any refund can be rejected and the goods should be resent to the buyer, together with a satisfactory explanation. The seller’s refund should be of both the original cost of the comic and the delivery costs, but the buyer will be responsible for the cost of returning the comic. For further information on consumers rights when buying goods from you online please see https://www.citizensadvice.org.uk/consumer/protection-for-the-consumer/consumer-contracts/.

20.       Are you an indie publisher / Creator? If a seller qualifies as an “Indie” comic book creator in line with our conditions described on our website, you can list your digital release on our app. Whether you meet our conditions will remain subject to our prior approval.

NO RELIANCE ON INFORMATION

21.       The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

22.       Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

23.       Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

24.       To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

25.       We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•          use of, or inability to use, our site;

•          use of or reliance on any content displayed on our site; or

•          services provided by third parties via our site.

If you are a business user, please note that in particular, we will not be liable for:

•          loss of profits, sales, business, or revenue;

•          business interruption;

•          loss of anticipated savings;

•          loss of business opportunity, goodwill or reputation; or

•          any indirect or consequential loss or damage.

26.       We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

27.       We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our site

28.       Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (Acceptable Use Policy)

29.       You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

30.       Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

31.       We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

32.       We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

VIRUSES

33.       We do not guarantee that our site will be secure or free from bugs or viruses.

34.       You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

35.       You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

36.       You may link to our Site, including the home page or your selling page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

37.       You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

38.       If you wish to make any use of content on our site other than that set out above, please contact us.

Third party links and resources in our site

39.       Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

40.       We have no control over the contents of those sites or resources.

APPLICABLE LAW

41.       If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

42.       If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. 

COMICHAUS APP

43.       Our site also allows indie/small press creators and publishers to upload the PDF versions of their comic books to Comichaus.com. These PDF digital versions will be made available on our Comichaus streaming app.

44.        The App is a non exclusive content provider. By providing us with your content you agree that said content is your own work and you are the creator/owner/publisher of the script and associated artwork therein. You must own the copyright for this content (or have licensed the content) in order to submit to the Database, Marketplace and App.  Comichaus does not accept any liability or responsibility for any works published that may be (unknown to us) derived from an existing source. Plagiarism is not condoned. Comichaus reserve the right to refuse content that is deemed too explicit for the App retailers and our customers.

45.        The App will be subscription and advert based. All revenues received from the app will be split between Comichaus and the creators/publishers. 50% of all revenue will go to Comichaus with a view to upkeep and promotion of the App. The other 50% will be split amongst the creators/publishers – based on how many times your comic book has been read. 

Payouts to indie creators/publishers will be every quarter – and automatically paid out using Paypal’s ‘Mass Payments’ system. We will deduct the charge of 2% for this service from the monies owed.

46.       Thank you for using Comichaus.com