This Agreement applies to all registered members (“Member(s)”) which have activated an account on the website www.shopacomic.com (the “Website”).
2. Subject of the Agreement
The purpose of the Website is to provide its Members the possibility to expose the Member’s artwork/portfolio or to offer it for sale on the Member’s personal page on the Website.
Only works related to comic art are to be displayed on the Website.
Any Member should be legally of age to enter into contracts or for those under the age of 18, a Member may use the Website with the supervision of a guardian who agrees to be liable for the terms set out under this Agreement.
It is explicitly understood that the Website or the Owner does not intervene in any manner whatsoever in the sale organized by any Member. The Website is only used as a medium to bring potential buyers in contact with any of the Members, whose work a potential buyer is interested in purchasing. Any contract for sale is made directly between the Member and the buyer.
The membership price – as set out below – to be paid by the Members covers the service offered by the Owner to the Member to facilitate the exposition or offering for sale of the artwork of the Member.
3. Use of the Website by the Member
The Member will have access to a personal space on the Website on which the Member can upload any images or work, in accordance with the terms of this Agreement. The Member can upload work on the Website in JPG, PNG or GIF and with a minimum width of 900px.
The Member is solely responsible for uploading any images or work on the Website and decides on its own when any image or work shall be removed from the Website, however taking into account the right of the Owner to remove any image or work from the Website in accordance with the terms of this Agreement.
The Member may also indicate the price at which it wishes to sell any of its work and will be solely responsible for the correct publication of such price in accordance with all relevant legislation.
It is the Member’s responsibility to indicate on the Website whether any item of its work has been sold or is no longer for sale. The Owner can in no way be held liable for any incorrect information which is indicated on the Website by the Member and the Member shall hold the Owner harmless from any claim formulated in that respect by any third party.
4. Price and payment
Each Member shall pay a monthly amount of 10euro incl. VAT in order to maintain its subscription and account active on the Website (“Member Fee”). No fee will be charged until 1 July 2015.
The Owner reserves the right to change the Member Fee from time to time. Any change in the Member Fee will be communicated to the Member one month in advance.
From 1 July 2015 the payment of the monthly Member Fee shall be executed automatically through the Member’s PayPal account on the first day of each month, without further notice to the Member or the Member should pay the Member Fee on the first day of each month, without prior request from the Owner on the Owner’s account with number BE22 7330 0151 4947 (KREDBEBB).
The Owner reserves the right to block the Member’s account in case the payment could not be executed or payment has not been received on the seventh day of each month.
In case of late payment, the Owner is automatically entitled, without prior notice, to an interest of 10% per annum on the outstanding amount, notwithstanding the Owner’s right to invoke its right of termination as provided under article 5 of this Agreement.
5. Duration and termination
The Agreement enters into force upon completion of the registration form by the Member and subsequent confirmation by the Owner (within 48 hours after completion and submission of the registration form) and remains in effect for an indefinite period.
The Member may terminate the Agreement at any moment with effect as from the first day of the month following the date on which the request for termination of the Agreement was sent to the Owner by the Member. Any notice of termination should be sent to firstname.lastname@example.org or by registered letter to the Owner’s registered office.
Any amount already paid by the Member relating to the month in which the termination was notified, shall remain with the Owner and shall in no event be reimbursed to the Member.
The Owner reserves the right to terminate the account and access of any Member to the Website at any moment with immediate effect in case of abuse by the Member of any of the services rendered by the Owner, in case of frequent late payment of any Member Fee or in case the terms of this Agreement are not respected by the Member, without prejudice to the Owner’s right to claim additional compensation of the Member. In case of such immediate termination, the Member will not receive a refund of the Member Fee for the current month or any other month. The Owner also reserves the right to refuse any later attempt of subscription to the Website by that Member.
6. Member Accounts and Responsibilities
In using the Website, the Member agrees not to post or transmit any materials to which it does not own the legal right of use. There will be no tolerance of unlawful, harmful, threatening, or abusive, vulgar, harassing material, obscene or pornographic indecent works of any kind. All work posted must be work of the Member or at least work on which the Member holds the rights to display and reproduce. All artwork posted by a Member will be reviewed on occasion by the Owner to ensure compliance to the Owner’s rules of courtesy and law. At anytime the Owner reserves the right to remove intolerant artwork.
The Member agrees to provide the Owner with its current addresses, emails and contact information and to update its personal page whenever necessary. The Member may not use any false address or impersonate any other artist. The Member acknowledges that any reliance of representation is provided by the Member as the artist and it is posted by the Member.
The Owner reserves the right to refuse membership to applicants of which it has good reasons to believe that the information provided is incorrect.
The Member is solely responsible for the execution of a possible sale of any of its work. The Website only serves as a medium to allow potential buyers to contact the Members with regard to a potential purchase of the Member’s work. The Owner does not interfere in this process in any manner.
The Member is solely responsible for the documents and the quality thereof to be uploaded on the Website.
7. Copyright and Intellectual Property Policy
The Owner respects the intellectual property rights of the Member. If any Member infringes on the copyright or imitates another artist or Member, the Owner reserves the right to terminate the account of that infringing Member.
The Member shall immediately inform the Owner if it is of the opinion that content has been copied in any way that constitutes a copyright and/or trademark infringement and shall provide all relevant information to the Owner in order to evaluate any possible infringement. If the Owner is of the opinion that a Member is indeed infringing any other artist’s or Member’s intellectual property rights, it may decide to temporarily remove the infringing work of the Website or temporarily block the infringing Member’s account and access to the Website. It is however understood that only a court order can establish whether there is an actual infringement, based on which the work could be definitively removed from the Website.
The Member warrants and represents that it owns all rights, including but not limited to all copyrights or trademark rights, in and to the works posted on the Website by the Member or at least that it has the permission of the owner of the rights to those works to do so. The Member grants to the Owner a worldwide, perpetual, irrevocable, royalty-free, right and license to reproduce the images of the works of the Member as posted on the Website for the purpose of advertising the images on promotional graphics such as but not limited to calendars, postcards, flyers, the Website and on the blogs linked to the Website or on social media including but not limited to Facebook and Pinterest. These images will be solely used for promotional purposes and will not be used for monetary profit. It is the responsibility of the Member to post low resolution images and watermark its property to avoid any abuse thereof by third parties.
To the extent that the Member does not own all rights in and to the images of or the works posted on the Website by the Member or that the Owner's use of any of the images or works as permitted under this Agreement infringes or otherwise violates the rights of any third party such as e.g. any copyright association, the Member agrees to indemnify and hold the Owner harmless from any claims or demands, including attorneys’ fees and costs, incurred by the Owner with respect thereto.
The Owner holds all rights, including copyright, either in property or through license, to the layout and the images used in that respect on the Website, other than those images posted by any Member and such images may not be reproduced or used in any manner without the express written permission of the Owner.
The domain name Shopacomic.com and the Shopacomic- logo are and shall at all times remain property of the Owner and may not be used by the Member without prior written permission of the Owner.
By subscribing to the Website, certain personal details of the Member are processed by the Owner, who is responsible for such processing.
The Member has the right to access all the information which the Owner has recorded on the Member. If the Member wishes to exercise this right, the Member can contact the Owner (by written request, dated and signed + copy of both sides of the Member’s identity document) at the address mentioned below.
The Member also has the right to rectify potentially inaccurate or incomplete information which has been processed or request the Owner to delete the Member’s personal details from the Owner’s file. If the Member wishes to exercise this right, the Member can contact the Owner (by written request, dated and signed + copy of both sides of the Member’s identity document) at the address mentioned below. Of course, in order to be able to verify what Member holds a certain account, the Owner should at all times be in possession of the most recent available contact details of the Member.
The Owner does not sell, rent, loan, or give any Member’s email address or other personal information to anybody and will never do so without the Member’s prior permission. The Member is responsible for showing sufficient contact details on the Website in order for potential buyers to be able to contact the Member.
The Member’s personal information will not be used by the Owner for direct marketing purposes towards the Member but only serve for administrative purposes to verify the identity of any Member.
Further information on the protection of private information subject to the Belgian Law of December 8, 1992 can be obtained by contacting the Commission for the Protection of Privacy at Rue de la Presse 35, 1000 Brussels (www.privacycommission.be).
Only authorized employees of the Owner may access the Member’s private information.
9. Log Files
As with most other websites, the Owner collects and uses the data contained in log files. The information in the log files includes the Member’s IP (internet protocol) address, the Member’s ISP (internet service provider), the browser used to visit the Website (such as Internet Explorer or Firefox), the time the Member visits the Website and which pages the Member visited throughout the Website.
11. Third Party Advertisements - Visitor Information and Cookies
The Owner also uses third party advertisements on the Website. Some of these advertisers may use technology such as cookies when they advertise on the Website, which will also send these advertisers (such as Google through the Google AdSense program) information including the Member’s IP address, the Member’s ISP , the browser used to visit the Website, and in some cases, whether the Member has Flash installed. This is generally used for geotargeting purposes (showing ads relevant to your local city) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).The Member can choose to disable or selectively turn off the Owner’s cookies or third-party cookies in its browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how the Member is able to interact with the Website as well as other websites.
12. Protection of Children's Personal Information
The Website is a general audience site and does not knowingly collect any personal information from children. While the Website may be viewed by children, the Owner does not wish to receive data from children .No information should be submitted to, or posted at, the Website by visitors under 18 years of age without the consent of their parent or guardian.
13. Links to Third Party Sites
The Website contains links to other web sites that are not controlled by the Owner ("Third Party Sites"). Please be aware that the Owner is not responsible for the content or the privacy practices of such Third Party Sites. The Owner encourages the Member to be aware when it leaves the Website and to read the privacy statements of each and every website that collects personally identifiable information.
The Owner will not be liable for any damages whatsoever as well as any special, indirect or incidental damages arising out of related information contained on the Website, whether said damages arise in contract, negligence, tort, in equity, at law or otherwise.
The Member agrees to indemnify and hold the Owner, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including but not limited to attorneys’ fees or costs made by any third party due to Member’s use of the Website, the violation of this Agreement or violation of any law by the Member.
The Owner reserves the right to modify the Website at any time without notice to the Member. The Owner shall not be liable to the Member if the Website is discontinued beyond refunding proportionally remaining membership dues for the current month in which the discontinuation takes place. Member acknowledges and accepts that the Owner does not guarantee continuous uninterrupted access to the Website and operation of the Website, it being understood that in such event, the Owner will take all reasonable measures in order to restore the good functioning of the Website.
The Owner is not responsible or liable for the information provided by the Member on its individual personal page. While the Owner does make every effort to ensure the information on the Website is accurate, it does not make any representations or warranties as to the reliability or accuracy of the Member’s input into their personal page or blog posts.
The Owner makes no warranty or representation of the products offered by the Member. The Member acknowledges that any reliance of representation is provided by the Member as the artist and it is posted by the Member under its sole responsibility.
15. Applicable law and governing jurisdiction
Applicable law : the Website is operated and provided in Belgium. As such, the Agreement is subject to the laws of Belgium, and such laws will govern this Agreement, without giving effect to any other choice of law rules. The Owner makes no representation that the Website or other services are appropriate, legal or available for use in other locations. Accordingly, if the Member chooses to access the Website, he agrees to do so subject to the internal laws of Belgium.
The Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. The Member may not use the Website in any way that violates applicable laws, regulations or other government requirements. The Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.
Governing Jurisdiction: Any dispute relating to this Agreement, its validity or interpretation, performance or termination shall be exclusively submitted to the competent courts of Antwerp, Belgium.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
The Member agrees that this Agreement and any other agreements referenced herein may be assigned by the Owner in its sole discretion, to a third party upon notification of such transfer to the Member. Upon completion of such transfer, the Owner shall be waived from all further obligations under this Agreement.
Luc Morjaeu bvba
Copyright © Luc Morjaeu bvba, 2014 All text, graphics, audio, design, software, and other works are the copyrighted works of Luc Morjaeu bvba. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.