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Terms of Service Privacy Policy Deleting, Claiming an Account/Content

Terms of Service

Last modified: Nov 19, 2022

MetaComic Terms of Use

OUR TERMS OF USE WERE LAST REVISED & UPDATED ON 23/10/2022

1. AGREEMENT TO TERMS


These are the Terms of Use governing the use of this Service and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MetaComic Inc. ("MetaComic", “we”, “us”, or “our”), concerning your access to and use of the https://www.metacomic.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Metacomic is an open platform and marketplace for creating, publishing and collecting comics, picture books and digital animation arts powered by the COMI token. In order to help make the Site a secure environment for the purchase and sale of Marketplace, all users access to and use of this Service is conditioned on their acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Site. By accessing or using the Site and/or the Marketplace, you have read, understood, and agree to be bound by these Terms of Use. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE Marketplace AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You represent that you are over the age of 18. The Company does not permit those under 13 to use the Service. If you are at least 13 years old but under 18 years old, you may only use MetaComic through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes, modifications or replace to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.


The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are of legal age to form a binding agreement. This includes registering on the Site or use of the Marketplace. If you are not 18 years of age or older you must receive your parent or guardian’s permission to use or register for the Site or use the Marketplace.


2. INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Arab Emirates, United States, international copyright laws, and international conventions. Any Creator-produced content will henceforth be referred to as (“Creator Content”). Except as expressly provided in these Terms of Use, no part of the Site, including images or logos, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site as a Creator and also as a Collector. We reserve all rights not expressly granted to you in and to the Site.


3. USER REPRESENTATIONS


Our Site allows you to post Content. You are responsible for the Content that you post to the Site, including its legality, reliability, and appropriateness.


By performing any activity on the Site or receiving any Marketplace, you represent and warrant that: 


1. All registration information you submit will be true, accurate, current, and complete;


2. You will maintain the accuracy of such information and promptly update such registration information as necessary;


3. You have the legal capacity and you agree to comply with these Terms of Use;


4. You will not access the Site or the Marketplace through automated or non-human means, whether through a bot, script or otherwise;


5. You will not use the Site for any illegal or unauthorized purpose; and


6. Your use of the Site or the Marketplace will not violate any applicable law or regulation both internationally and locally.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


You may not use the Site or the Marketplace for any illegal or unauthorized purpose nor may you violate any laws.  All Creator Content guidelines can be found in our Creator Agreement for users that may apply to. 


We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace and the Site is provided for informational and advertising purposes only.


By posting Content to the Service, you retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.


You also grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.


4. USER REGISTRATION


You are required to register with the Site in order to access MetaComic’s Marketplace. You agree to keep your wallet address information confidential and will be responsible for all use of your account and wallet addresses. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, directly conflicts with our Terms of Use or is otherwise objectionable.


5. Marketplace


You access all Marketplace at your own risk. We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace are subject to availability, and we cannot guarantee that Marketplace will be in stock. Certain Marketplace may be available exclusively online through the Site. Such Marketplace may have limited quantities


We reserve the right to limit the quantities of the Marketplace offered or available on the Site. We reserve the right to discontinue any Marketplace at any time for any reason. We do not warrant that the quality of any of the Marketplace purchased by you will meet your expectations or that any errors in the Site will be corrected.


We aren’t liable for any errors or omissions in any of the Marketplace and you hereby release us from any damages or loss you might suffer in connection with a Marketplace Offering.


6. PURCHASES AND PAYMENT


Payment can be made on the platform via the following Blockchain for Marketplace:


  • Ethereum
  • Binance Smart Chain
  • Polygon
  • Avalanche


You must have a valid wallet for you to make any purchases. Below are the list of some wallets supported on the Site:


  • Coinbase
  • Mobile Wallet
  • Binance Chain
  • Fortmatic
  • Authereum
  • Portis
  • Frame


We reserve the right to refuse any order placed through the Site.


7. RETURN/REFUNDS POLICY


MetaComic is a Decentralised platform for independent creators and artists to Publish, Sell, Auction, and Buy Comic Books . MetaComic is under no obligation to manage financial disputes between Creators and Collectors.


8. PROHIBITED ACTIVITIES


You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.


As a user of the Site, you agree not to:


  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.


  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.


  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.


  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.


  • Use any information obtained from the Site in order to harass, abuse, or harm another person.


  • Make improper use of our support services or submit false reports of abuse or misconduct.


  • Use the Site in a manner inconsistent with any applicable laws or regulations.


  • Engage in unauthorized framing of or linking to the Site.


  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace.


  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.


  • Delete the copyright or other proprietary rights notice from any Content.


  • Attempt to impersonate another user or person or use the username of another user.


  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).


  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.


  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace to you.


  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.


  • Copy or adapt the Site’s software, including but not limited to source codes, or other code.


  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.


  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.


  • Make any unauthorized use of the Marketplace, including collecting wallet addresses form users.

  • Use the Marketplace as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.


9. USER GENERATED CONTRIBUTIONS


The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:


  • Your Contributions do not violate our Creator Agreement, where applicable.


  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.


  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.


  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.


  • Your Contributions are not false, inaccurate, or misleading.


  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.


  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).


  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.


  • Your Contributions do not violate any applicable law, regulation, or rule.


  • Your Contributions do not violate the privacy or publicity rights of any third party.


  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.


  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.


  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 


Any use of the Site or the Marketplace in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace. For further details on Contribution and applicable guidelines please review our Creator Agreement.


10. CONTRIBUTION LICENSE


By posting your Contributions to any part of the Site or making Contributions accessible to the Site, via our Marketplace or otherwise, by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.


This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.


We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) To edit, redact, or otherwise change any Contributions; (2) To re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.


11. SOCIAL MEDIA


As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.


12. SUBMISSIONS


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


13. THIRD-PARTY WEBSITES AND CONTENT


The Site may contain (or you may be sent via the Site or the Marketplace) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. In the event that you have a dispute with one or more other users of MetaComic or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or MetaComic. 


14. SITE MANAGEMENT


We reserve the right, but not the obligation, to:


1. Monitor the Site for violations of these Terms of Use;


2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;


3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;


4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and


5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace.


15. PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy, By using the Site or the Marketplace, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace are hosted in the United States. If you access the Site or the Marketplace from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.


16. COPYRIGHT INFRINGEMENTS


We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Site infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email [email protected] and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.


17. TERM AND TERMINATION


These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Site and Marketplace will cease immediately. If You wish to terminate your Account, you may simply discontinue using the Site. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


18. MODIFICATIONS AND INTERRUPTIONS


We reserve the right, at Our sole discretion, to modify or replace these Terms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace.


We cannot guarantee the Site and the Marketplace will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace during any downtime or discontinuance of the Site or the Marketplace. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace or to supply any corrections, updates, or releases in connection therewith. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


19. GOVERNING LAW


The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws.


20. DISPUTE RESOLUTION


Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration


If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.


If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


21. CORRECTIONS


There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace, including descriptions, pricing, availability, and various other information. As a Creator, kindly make sure you have properly checked all typings to avoid errors.


22. DISCLAIMER


THE SITE AND THE MARKETPLACE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


23. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US  DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


24. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Books; (2) use of the Marketplace; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


25. USER DATA


We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace, as well as data relating to your use of the Marketplace. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.



27. AUCTION AND BUY-NOW SALES


MetaComic allows creators and collectors sell or resell their assets either for a fixed price (Buy Now) or in a British Auction. 


27.1 “Buyer” means the successful Bidder, who enters into a sale and purchase agreement with the seller in respect of a product.

27.2 “Buy-Now option” means the variation of an Auction as described in item 12.5 below, in which the seller links its sales offer to a fixed price and the Acceptance of bid is made at the first Bid.

27.3 “Acceptance of bid” means the electronic acceptance of any bid that is made for a sales offer by the system of the secondary market for financial products in a British Auction following a bid at the minimum price or for a bid at a fixed price in the Buy-Now option, by selection of the Bid at a Sealed Auction or bilateral agreement between Buyer and Seller.

27.4 “Bid” means the offers made by a bidder in the effort to buy a product in an Auction or bilaterally outside an auction at a price determined by it.

27.5 “Bidder” refers to a user who bids for products in an Auction.

27.6 “Bid selection” means the selection of a bid and a bidder with which the seller wants to complete the transaction.

27.7 “British Auction” means a type of Auction, where the seller has to define a Reserve Price and Bidders are able to place Bids while seeing the current Bidding level. If the highest Bidder is higher than the Minimum Price, he wins the Auction.

27.8 “Auction” means the electronic virtual auction of a financial product on the secondary Market, in which the user participates, either at a fixed price, on highest bidder basis or on bid selection.

27.9 “Duration of Auction” means the period, within which bidding can be made for the sales offer in an Auction.

27.10 “End of Auction” means the conclusion of Auction either after the Acceptance of bid or at the end of the Duration of Auction.

27.11 “Expiration Date” means a specific date according the Gregorian calendar after where the Bid in a Sealed Auction loses his validity.

27.12 “Highest bid” means the highest bid in a British Auction that is followed by the Acceptance of bid.

27.13 “Minimum price” means the minimum amount fixed by a seller for a Bid in an Auction.

27.14 “Seller” means a user, who has consigned an Asset to Auction on the Secondary market.

27.15 “Successful buyer” means the Bidder that made the Highest bid within the Duration of Auction and attained the Minimum price stipulated by the Seller (British Auction), who´s Bid was selected, who’s bid got accepted in a bilateral transaction agreement or who bid on the Fixed price set by the Seller.


28. PROMOTIONS, CONTESTS AND COMPETITIONS


We organize promotions, contests and competitions that may reward participants with financial and non-financial prizes. You agree that we have every rights to modify or terminate any of such promotions, contests and competition at any time without prior notice. We also have every right to disqualify and modify the reward or prize for any participant at our discretion. You will not hold MetaComic or its employees, staffs, executives, and partners responsible for any damages, loss of any kind directly or indirectly related to you participating in any contest, competition or promotions.


28. MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


29. CONTACT US


In order to resolve a complaint regarding the Site or the Marketplace, and to receive further information regarding use of the Site or the Marketplace or If you have any questions about these Terms of Use, please contact us at:


MetaComic Inc.

Dubai

United Arab Emirates.


Send email to: [email protected]

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