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Learn MoreTHESE TERMS OF SERVICE ("TERMS") SET OUT BELOW GOVERN YOUR PARTICIPATION IN THE TIVAN COMICS AD REVENUE SHARING PROGRAM. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
The TIVAN COMICS AD REVENUE SHARING PROGRAM (the "Program") is operated by TIVAN COMICS
The Program provides a participatory revenue stream to those creators who (i) become a Member, defined below, of the Program in accordance with these Terms, and (ii) thereafter, elect to allow the placement of advertising in association with series owned by such creators and published on the Service. Specifically, upon applying for participation in the Program and electing to allow for the placement of such advertising, the participating creators ("Members") will receive a portion of the Net Ad Revenue, defined below, generated by TIVAN COMICS from such advertising, as set forth in these Terms.
Only those creators who become Members in the Program in accordance with these Terms and whose content is approved by TIVAN COMICS for Ad Display, defined below, will be entitled to share in the Net Ad Revenue.
THERE IS NO GUARANTEE THAT MEMBERS WILL RECEIVE NET AD REVENUE AS A RESULT OF THEIR PARTICIPATION IN THE PROGRAM.
These Terms of Service, together with the Terms of Use, Privacy Policy, and other applicable policies and terms of TIVAN COMICS constitute the entire agreement by and among TIVAN COMICS and you (the "Agreement"). (For purposes of the Agreement and these Terms, "you" means the individual or entity using the Service and/or applying to participate in the Program (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you) and thereafter, if accepted by TIVAN COMICS, becomes a Member. Capitalized terms not defined in these Terms are defined elsewhere in the Agreement.
By participating in the PROGRAM or clicking on the "Agree" button, you agree to be bound by the Agreement, including these Terms. TIVAN COMICS reserve the right to modify or amend these Terms and/or the Agreement at any time by publishing an amended version on the TIVAN COMICS Website and/or the TIVAN COMICS App. Although TIVAN COMICS will try to notify you when major changes are made to the Agreement and/or these Terms, you should periodically review the most up-to-date version thereof, as you will be bound by the terms of the most current form of the Agreement and these Terms. Changes to the Agreement and/or these Terms will generally become effective 30 days after they are posted. However, changes addressing new functions for the Program or changes made for legal reasons will be effective immediately. If you do not agree to any modifications or amendments to these Terms and/or the Agreement, your sole recourse is to immediately cancel your membership in the Program, as provided at your dashboard, and to cease using the Service.
Please read these Terms and the Agreement carefully. Your participation in the Program is only as permitted by these Terms and any applicable laws.
For the purposes of these Terms, "Ad Display" means the placement of promotional messages (including any related technology) on some or all of the inventory of your series for the purpose of publicizing a third party advertiser's products or services. Such Ad Display may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
After joining the Program, you are eligible for Ad Display for each series that you own and is exhibited on the Service
Once you have been accepted as a Member of the Program and requested Ad Display for a particular designated series, TIVAN COMICS will review your request, including, without limitation, suitability of the series you have requested for Ad Display. (Note that this review may require a few weeks, but should be processed within 1-3 days.) TIVAN COMICS reserves the right to approve or disapprove any requested Ad Display in its sole discretion. If your request is disapproved due to content related issues, you may reapply after revising your content in accordance with the TIVAN COMICS policies. You can check the review status of your application in the your dashboard. In addition, TIVAN COMICS may, in its discretion, send you an individual email notification should your request be disapproved.
In the event TIVAN COMICS approves your requested series for Ad Display ("Approved Series"), TIVAN COMCIS will thereafter seek to embed advertising into the Approved Series. The type of the Ad Display, as well as the location for placement of such Ad Display within your Approved Series, shall be determined by TIVAN COMICS in its sole discretion. You have no right to select the advertisers, type or content of any Ad Display and/or the placement thereof within your Approved Series. In the event you do not wish to exhibit any Ad Display embedded into your Approved Series by TIVAN COMICS, your sole right and remedy is to opt out of the Program, which you can do at any time. In furtherance of the foregoing, please consider that the actual advertisers and the content of each advertisement constituting any Ad Display will be automatically determined by TIVAN COMICS’ ad platforms (Google AdSense) through their respective systems and without input or direction from TIVAN COMICS unless the advertisement is placed as the result of a direct sale. TIVAN COMICS can decide on the type of the Ad Display (for example, a link, video ad or pop-up) and the location within the Approved Series.
Ad Display is available to you only if you own and/or have the legal right to publish the Approved Series. DO NOT APPLY FOR AD DISPLAY WITH RESPECT TO ANY SERIES WHICH YOU DO NOT OWN OR HAVE THE LEGAL RIGHT TO PUBLISH. You cannot apply for Ad Display using other creator’s original works or derivative, modified or edited works based on such other creator’s works unless you have received written approval from the copyright owner. TIVAN COMICS cannot grant you any permission to use another creator’s content, nor can it release any creator’s contact information. Even if you have received the copyright owner’s permission in writing to publish the subject content (which you agree to provide to TIVAN COMICS upon request by TIVAN COMICS), TIVAN COMICS may, in its sole discretion, disapprove Ad Display related to such content, cancel your participation in the Program, or withhold or refuse to distribute any Net Ad Revenues in the event any person or entity raises any copyright infringement or other claims related to the subject content. Furthermore, you agree to indemnify and hold TIVAN COMICS, together with their respective officers, directors, owners, subsidiaries, affiliates, partners, agents and employees, harmless from and against any and all claims, damages, actions, costs and expenses related to or arising from your use of such content, including, without limitation, violation of any governing copyright laws.
You may cancel Ad Display on your Approved Series at any time and, in such event, you will cease to generate any Net Ad Revenue as of the date of your cancellation. Do consider that while you may reapply immediately for Ad Display after cancellation, approval for subsequent Ad Display, if any, may require a number of weeks.
All Ad Display is subject to the availability of third party advertising in TIVAN COMICS’s Ad Display inventory. Accordingly, there is no guarantee that even if you are accepted to the Program and your request for Ad Display is approved, that there will be Ad Display available for embedding into your Approved Series.
Note! Users who upload content are solely responsible for compliance with all governing law, including, without limitation, all copyright laws. By accepting these Terms, you hereby agree to indemnify and hold TIVAN COMICS, together with their respective officers, directors, owners, subsidiaries, affiliates, partners, agents, and employees harmless from and against any and all claims, damages, costs and expenses in any way related to or arising from your content, including, without limitation, violation of any governing copyright laws.
Note! When two or more creators created the Approved Series, the creator who uploaded the Approved Series to the Service hereby agrees to distribute the Ad Revenues generated by Ad Display related to such Approved Series, if any, to the other creators ("Other Creators") thereof in accordance with the agreements between you and the Other Creators of the Approved Series. TIVAN COMICS hereby disclaim any and all responsibility for payment to the Other Creators of the Approved Series. TIVAN COMICS further disclaim any and all responsibility for violation of copyright or other laws by the creators. The creators, including you and the Other Creators, jointly and severally, shall be liable for any and all matters related to all content, including the Approved Series, they created, including, without limitation, any copyright infringement.
TIVAN COMICS will distribute a portion of the Net Ad Revenues, defined below, generated by Ad Display to Members of the Program as set forth below.
Upon acceptance into the Program, TIVAN COMICS will establish a Net Ad Revenue account ("Account") and related "VIEW EARNINGS Tab" for you. Thereafter, your portion of Net Ad Revenue, if any, will be posted to your Account on a monthly basis, and updated in the AD SHARING Tab on the 21st day of the following month. You will not receive an individual email notification indicating that you have received payment of any Net Ad Revenue or that your Account has been updated.
You will have no right to any Net Ad Revenue in your Account if the Approved Series or your use of the Service materially violates the Agreement and/or these Terms, which violations may include, without limitation, the following:
You are only entitled to payment of Net Ad Revenue if the balance in your Account exceeds the minimum threshold amount of CAD$10. Furthermore, monthly payments to you are released only in CAD$10 increments and you are not entitled to receive payment of amounts less than CAD$10.
Note! You do NOT have the right to payment for amounts in your Account which are less than the minimum threshold amount of CAD$10 or are less than $CAD10 per payment.
The balance in your Account will be updated on the 21st day of the following month and displayed on the VIEW EARNINGS Tab as of that date. You will not receive a separate email notification respecting payment updates. Provided you are in compliance with the Agreement and these Terms, in each month in which the current balance in your Account exceeds the minimum threshold amount of CAD$10, you will receive payment not later than the 15th day of the then following month of amounts in your Account equal to CAD$10 increments, provided, however, that TIVAN COMICS reserves the right to delay payment of sums owing to you hereunder in the event it suspects you have violated the Agreement and/or these Terms.
In order to receive payment, you must register with and maintain a valid Paypal Account, which will be asked for during the initial approval process. TIVAN COMICS is not responsible for any wrongly or unpaid Net Ad Revenue due to incorrectly entered Paypal account information.
You will not be entitled to payment of any Net Ad Revenue in your Account, whenever such Net Ad Revenue was accrued, in the event you are in violation of this Agreement, these Terms and/or any governing laws and/or regulations, as determined by TIVAN COMICS, in their sole discretion.
The fact that your AD SHARING Tab may show a balance in your Account does not in any way guarantee payment to you of that amount so displayed or any other amount.
Let’s say you had a previous balance of CAD$5 in your Account as of June 1.
You are solely responsible for the payment of all taxes (if any) associated with your participation in the Program, including your receipt of any Net Ad Revenue, as well as the preparation and timely filing of all documentation required by taxing authorities having jurisdiction over you and/or your activities. All payments to you from TIVAN COMICS, whether through Paypal or otherwise, in relation to the Program will be treated as inclusive of tax (if applicable) and will not be adjusted.
Note! If you cancel your membership in the Ad Revenue Sharing Program or delete your Account at any time in which there is a balance of $10 or more in your Account, TIVAN COMICS will pay you amounts in excess of $10. Any balance reflected in your Account below the applicable threshold of $10 will remain unpaid.
TIVAN COMICS periodically check whether your content or your use of the Service violates the Agreement and/or these Terms. Please read the following carefully so that you can enjoy the Service and participate in the Program without any restrictions. Furthermore, we ask that you keep your personal information (ID and password) strictly confidential.
5.1.1 Prohibited Actions
The following actions are prohibited under any circumstances:
5.1.2 Invalid Clicks and Actions which Induce Them
Clicks on any Ad Display are assumed to be based on the interest of visitors to the Service. Meaningless repeated clicks and ‘clickbait’ phrases created by macro programs or individual users are considered ‘invalid clicks’ ("Invalid Clicks"). TIVAN COMICS strictly prohibits generating or inducing Invalid Clicks by any means whatsoever, including, without limitation, as follows:
5.1.3 Transferring Accounts
You may not, and agree not to, share, provide, transfer, sell or resell access to your Account.
5.1.4 Publish Inappropriate Content
You may not, and agree not to, publish content which violates the Agreement and/or these Terms. TIVAN COMICS periodically reviews your content for compliance with the Agreement and these Terms and in the event that TIVAN COMICS determines that any of your content, including any Approved Series, is in violation of the Agreement and/or these Terms, your Account and/or access to the Service and/or the Program may be restricted, all as determined by TIVAN COMICS in its sole discretion.
Note! You should mark your series as "Mature" if it may contain explicit content, provided, however, that all content must meet requirements of the TIVAN COMICS policy whether or not you chose to mark your series as "Mature".
Note! If you violate copyright law and/or otherwise infringe on the rights of any third party, your content will be blinded by TIVAN COMICS, your use of the Service and your participation in the Program will be restricted immediately, and no payment of Net Ad Revenue or otherwise will be made to you. As stated above, the user who uploaded the content will bear full responsibility for failure to comply with all laws, including, without limitation, copyright laws
In the event that TIVAN COMICS finds that you have violated the Agreement and/or these Terms, you will be notified by e-mail, which e-mail may include restrictions respecting your participation in the Program and/or your content and/or Ad Display, as determined by TIVAN COMICS in its sole discretion. Your violation history will be stored in the TIVAN COMICS back-end system. If you violate the Agreement more than once or if the nature of your violation is deemed by TIVAN COMICS to be serious, TIVAN COMICS has the right, as determined by TIVAN COMICS in its sole discretion, to cancel your membership in the Program, terminate any Ad Display then embedded in any Approved Series, and/or terminate your right to use the Service.
5.2.1 Usage Restrictions for Content
In the event that the Approved Series and/or any other content created by you is deemed inappropriate by TIVAN COMICS or violates any copyright law, the subject series or episode may be blinded by TIVAN COMICS, as determined by TIVAN COMICS in its sole discretion. In the event that a series or episode is blinded, Ad Display for the blinded title or episode will also cease immediately. Furthermore, in such event, TIVAN COMICS may also restrict further uploading on your Account and/or cancel your membership in the Program.
5.2.2 Restrictions on Ad Display
In the event that TIVAN COMICS discovers that you have committed a prohibited technical act, including, without limitation, Invalid Clicks, and/or engaged in actions which induce such prohibited technical acts, and/or your Approved Series or other content violates the Agreement and/or these Terms, TIVAN COMICS may cancel any Ad Display embedded in any of your content for 2 months or more. The rights of TIVAN COMICS to cancel your Ad Display as a result of your engagement in prohibited acts is in addition to the other rights of TIVAN COMICS, including, without limitation, to terminate your participation in the Program and terminate your Account.
If your Ad Display is cancelled by TIVAN COMICS based on your commission of any acts prohibited under these Terms, you will not be entitled to receive any Net Ad Revenue accruing from the subject series as of the date of termination. You will not be entitled to any Net Ad Revenue accrued from the subject series gained during the cycle in which the date of termination occurs.
5.2.3 Suspension and Termination of Program Accounts
In the event that TIVAN COMICS finds that any of your content violates the Agreement and/or these Terms or that your content is adversely affecting the operation of the Service, as determined by TIVAN COMICS in its sole discretion, TIVAN COMICS may suspend or permanently terminate your participation in the Program and terminate your Account.
Upon termination of participation in the Program for violation of the Agreement and/or these Terms, your then current Account balance will be automatically forfeited and any Ad Display related to any of your content, including any Approved Series, will be immediately cancelled.
In the event your Account is suspended (as opposed to terminated), you may apply to rejoin the Program at any time following that date two (2) months from date of suspension. Please note that all of your previous records including records related to Ad Display, Net Ad Revenue, and payment would be completely deleted and cannot be restored if your Account is suspended or terminated.
Notwithstanding the foregoing, in the event of the occurrence of any of the following cases, your participation in the Program and your Account and Ad Display for all of your content, including all Approved Series, will be terminated immediately, and you will not be entitled to payment of any Net Ad Revenue in your Account or otherwise owing to you.
You may opt-out of the Ad Revenue Sharing Program at any time. However, in the event you opt out of the Program, you will not be entitled to payment of any balance in your Account accruing after the date of your cancellation and/or opt-out. However, any balance in your Account above $10 as of the time of your cancellation or opt out ("Closing Account Balance") will be paid out in the next payment period. Do note that you need to maintain your valid Paypal Account to receive the payment of your Closing Account Balance at the time of your cancellation or opt-out.
If you voluntarily opt out of the Ad Revenue Sharing Program, you may apply to rejoin at any time after that date two (2) months from the date of your election to opt-out.
However, be advised that in the event you opt-out, all previous records related to your activity in the Service and the Program will have been completely deleted as of the date you elect to opt-out and cannot be restored on your rejoining.
You represent and warrant that (i) you have full power and authority to enter into the Agreement and these Terms; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, all series/content uploaded by you onto the Service and for which you seek Ad Display; (iii) you are the technical and editorial decision maker in relation to and have full control over to all content on which you seek Ad Display; (iv) TIVAN COMICS has never previously terminated or otherwise disabled an Ad Revenue Sharing Account created for by you for any reason; (v) entering into the Agreement and/or these Terms, becoming a Member of the Program and/or the embedding of Ad Display on your series will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to TIVAN COMICS is true, correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER TIVAN COMICS MAKES ANY PROMISES ABOUT THE SERVICES, THE PROGRAM AND/OR AD DISPLAY. FURTHERMORE, NEITHER TIVAN COMICS MAKES ANY GUARANTEE THAT ANY OF YOUR CONTENT WILL RECEIVE AD DISPLAY, EVEN IF YOU ARE A MEMBER OF THE PROGRAM AND REQUEST AD DISPLAY, OR YOUR REQUESTED SERIES FOR AD DISPLAY IS APPROVED BY TIVAN COMICS. ADDITIONALLY, NEITHER TIVAN COMICS MAKES ANY COMMITMENTS ABOUT THE FUNCTIONALITY AND/OR CONTENT WITHIN THE SERVICE, THE PROGRAM AND/OR ANY AD DISPLAY, OR THE PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS AND/OR EXPECTATIONS OF THE SERVICE, THE PROGRAM AND/OR AD DISPLAY.
NOTHING IN THE AGREEMENT OR THESE TERMS SHALL EXCLUDE OR LIMIT TIVAN COMICS’S ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TIVAN COMICS’S ’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE SERVICE AND YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PROGRAM, AS WELL AS ANY AD DISPLAY, ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, NEITHER TIVAN COMICS , NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND/OR ADVERTISERS REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES AND/OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING ANY AD DISPLAY, WILL MEET YOUR REQUIREMENTS AND/OR YOUR EXPECTATIONS, (II) YOUR USE OF THE SERVICES, YOUR PARTICIPATION IN THE PROGRAM AND/OR ANY AD DISPLAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND/OR YOUR PARTICIPATION IN THE PROGRAM WILL BE ACCURATE OR RELIABLE, AND/OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES, THE PROGRAM AND/OR ANY AD DISPLAY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIVAN COMICSOR THROUGH OR FROM THE SERVICES AND/OR THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. TIVAN COMICS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, (i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TIVAN COMICS, NOR ANY OF THEIR SUBSIDIARIES AND AFFILIATES, OR SUPPLIERS AND LICENSORS SHALL BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES AND/OR PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES AND/OR PROGRAM (OR ANY FEATURES WITHIN THE SERVICES AND/OR PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES AND/OR PARTICIPATION IN THE PROGRAM; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
FOR CLARITY, IN NO EVENT SHALL TIVAN COMICSAND/OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU UNDER THESE TERMS OR OTHERWISE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) TO THE EXTENT TIVAN COMICSIS DETERMINED TO HAVE ANY LIABILITY TO YOU NOTWITHSTANDING THE EXPRESS WAIVER AND RELEASED CONTAINED IN THESE TERMS, TIVAN COMICS’S ’S, TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY YOU IN CONNECTION WITH THESE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. NOTWITHSTANDING AND WITHOUT LIMITATION OF THE FOREGOING, IN ALL CASES, TIVAN COMICS , TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THESE TERMS RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify and defend TIVAN COMICS , together with its affiliates, subsidiaries, owners, officers, directors, agents, employees and advertisers from and against any and all third-party claims and liabilities arising out of or related to your content, your use of the Services, your participation in the Program, the placement of Ad Display in any of your content, including any Approved Series, and/or your breach of any term of the Agreement and/or these Terms. BE ADVISED THAT TIVAN COMICS’S ADVERTISERS ARE THIRD PARTY BENEFICIARIES OF YOUR INDEMNIFICATION ABOVE.
By using the Service and/or joining the Program, you agree that TIVAN COMICS can use your personal data in accordance with our privacy policy, which can be viewed at the link below:
https://tivancomics.com/privacy-policy
Your relationship with TIVAN COMICS is that of an independent contractor and neither your participation in the Program nor these Terms nor the Agreement create any agency, partnership, or joint venture.
The laws of Canada, without regard to principles of conflicts of laws, will govern the Agreement and these Terms and any dispute of any sort that might arise between you and/or TIVAN COMICS without regard to principles of conflicts of laws. Any action brought by either you and/or TIVAN COMICS concerning or arising from the Agreement, these Terms, the Service, the Program and/or Ad Display shall be brought only in the state courts of Canada. You agree to submit to the personal and exclusive jurisdiction of the Courts and hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens.
14.1
The Agreement, including these Terms, sets forth all (and is intended by all parties to be an integration of all) of the representations, promises, agreements and understandings among you, TIVAN COMICS , and supersedes any and all prior or contemporaneous oral or written communications and/or agreements between you and TIVAN COMICS , all of which are merged herein. TIVAN COMICS . These Terms may be amended (i) in a writing wet signed by both parties that expressly states that it is amending these Terms, or (ii) as set forth above, if you keep using the Services after TIVAN COMICS modifies these Terms.
14.2
You may not assign or transfer any of your rights as a Member of the Program and/or under these Terms. TIVAN COMICS, however, may assign its rights.
14.3
The headings of the articles and sections of these Terms are inserted for convenience only and shall not be deemed to be a part of these Terms.
14.4
No amendment, change or modification of these Terms shall be valid unless posted on this Website by TIVAN COMICS or otherwise agreed to in writing and wet signed by both TIVAN COMICS and you.
14.5
If you do not comply with these terms, and TIVAN COMICS does not take action right away, such inaction does not mean that TIVAN COMICS are giving up any rights that either may have, including taking action in the future.
14.6
If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms will be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in this Agreement.
14.7
These Terms control the relationship between TIVAN COMICS and you. They do not create any third party beneficiary rights, other than as expressly set forth in these Terms.
14.8
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
14.9
In connection with your use of the Services and/or participation the Program, we may contact you regarding service announcements, administrative messages, and other information.
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