Tivan Comics ("TIVAN COMICS") provides the service of the TIVAN COMICS Website and APP (the "Service") to you, operates the TIVAN COMICS AD REVENUE SHARING PROGRAM (together referred to as the "Company" or "We").
These TIVAN COMICS Terms of Use, Privacy Policy, Ad Revenue Sharing Program Terms of Service and other applicable policies and terms (the "Agreement") constitute the entire agreement by and between the Company and you.
Please read the Agreement posted on the TIVAN COMICS Website or TIVAN COMICS App carefully before using the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content (each as defined below). Although there may be multiple translations of this Agreement, the English version of the Agreement shall govern in the event of a conflict between those terms and the terms of this Agreement.
By downloading and/or using the TIVAN COMICS Website, TIVAN COMICS App and/or any Digital Content, and/or clicking on a button indicating your consent, you agree to be bound by the terms of the Agreement. You acknowledge and accept that your use of the TIVAN COMICS Website, TIVAN COMICS App and/or any Digital Content indicates your acceptance of this Agreement. The Company may at any time amend this Agreement by publishing amended versions on the TIVAN COMICS Website and/or the TIVAN COMICS App. You accept that by doing this, the Company has provided you with sufficient notice of the amendment.
If you do not accept this Agreement, then you may not download or use the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content. In addition, when using the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
For the purposes of this Agreement:
"Digital Content" means comics, web-comics, graphic novels, one-shots, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service.
"TIVAN COMICS Website" means www.tivancomics.com.
"TIVAN COMICS App" means, collectively, TIVAN COMICS’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.
"Service" means the service of Digital Content provided by TIVAN COMICS to the users through the TIVAN COMICS Website and TIVAN COMICS App.
"User Postings" means certain features of our Service which enables you or other end users to post on our Service, or submit to us, content, including text, data, photographs, graphics, images, information, and any combination of these elements.
A. Digital Content. You understand and agree that the TIVAN COMICS Website and TIVAN COMICS App are owned by TIVAN COMICS. The Digital Content provided on the Service is owned by TIVAN COMICS or licensed by the copyright owner to TIVAN COMICS. The TIVAN COMICS Website, TIVAN COMICS App, and Digital Content are protected by the copyright laws of the Canada, as well as other intellectual property laws and treaties. TIVAN COMICS does not transfer any title, right or interest to or in the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content to you.
B. Use of Digital Content. Upon your download and/or use of Digital Content, TIVAN COMICS grants you a limited, non-exclusive and non-transferable, non-sublicensable, revocable license to access, view, download, and use such Digital Content, and solely for your personal, non-commercial use consistent with the terms of this Agreement. The license does not confer on you any ownership interest in such Digital Content. Within the TIVAN COMICS Website and TIVAN COMICS App, you may access, view or use Digital Content and/or within the TIVAN COMICS APP.
C. Limitations. Unless otherwise stated in writing by TIVAN COMICS, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content up to a thirty day period), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
A. Use of TIVAN COMICS Website and App. You may use the TIVAN COMICS Website and TIVAN COMICS App, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
B. Updates. In order to keep the TIVAN COMICS Website and/or App up-to-date, TIVAN COMICS may make available updates/upgrades to the website and/or app. If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the website and/or app.
C. No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the TIVAN COMICS Website and/or App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the TIVAN COMICS Website and/or App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the TIVAN COMICS Website and/or App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
A. Users' Age Limit. You must be at least fourteen (14) years old to use the Service. The use of the Service by anyone under the age of fourteen (14) years old is unauthorized and unlicensed.
If you are between 14 and 18 (or between 14 and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement.
You represent to us that (1) you are at least fourteen (14) years old and (2) if you are a Minor, you may only use the Service under the consent and supervision of a Representative who agrees to be bound by the Agreement, and the use of the Service is for personal daily need. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Service if it comes to our attention that any of your representations to us is not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Service or any other products or services offered by TIVAN COMICS. We advise Representatives who permit their represented Minors to use an interactive service to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors.
The Company neither intentionally nor unintentionally collects information from children or Minors in cases where Representatives have not consented to the use of the Service by aa Minor. However, if a Representative identifies that a Minor has provided us with personal information without the correspondent Representative’s permission, Representative should contact the Company at info@tivancomics.com. Upon Representative’s request, Company will delete any personal information of such Minor without any further recourse from the Representative. The Representative will fully indemnify and release the Company from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such Minor to the Company.
B. Compliance with Law and Reservation of Rights. You must use the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to TIVAN COMICS.
The Company respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service. Our Privacy Policy is available on the TIVAN COMICS Website and/or App and applies to your use of the Service. By using the Service and/or indicating your consent to the Privacy Policy, you are agreeing to the terms of our Privacy Policy as updated from time to time.
We do not knowingly collect personal information from children under 14. Any parent or guardian who believes that a child may have provided personal information should contact us at info@tivancomics.com In such a case, we will take necessary actions immediately to delete the personal information of children under 14.
The TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content are owned and operated by TIVAN COMICS, and Digital Content is licensed by the copyright owner to TIVAN COMICS. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of Canada relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Digital Content and the Service, including intellectual property rights herein and thereto, are the property of TIVAN COMICS or its subsidiaries or affiliated companies. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. TIVAN COMICS reserves all rights not expressly granted in this Agreement.
The Company may provide its own advertisements or any third parties’ advertisements to You online or offline, including but not limited to, on the TIVAN COMICS Website and/or TIVAN COMICS App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third party advertiser’s products or services. Advertisements 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).
We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content, and the Company reserves the right to immediately revoke your access to the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
USE OF THE TIVAN COMICS WEBSITE, TIVAN COMICS APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE TIVAN COMICS WEBSITE, TIVAN COMICS APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE TIVAN COMICS WEBSITE, TIVAN COMICS APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE TIVAN COMICS WEBSITE, TIVAN COMICS APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE TIVAN COMICS WEBSITE, TIVAN COMICS APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Postings, your violation of this Agreement, or your violation of any applicable law or regulation.
The laws of Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in Canada. You agree to submit to the personal and exclusive jurisdiction of the courts located within Canada.
The Agreement is the entire agreement between you and THE COMPANY regarding the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
We may amend any of the terms of the Agreement in our sole discretion by posting the amended Agreement on the TIVAN COMICS Website and/or TIVAN COMICS App. Your continued use of the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
For help with the TIVAN COMICS Website, TIVAN COMICS App and/or Digital Content, please contact Customer Service at info@tivancomics.com