Terms of Service
TERMS OF SERVICE
These Terms of Service were last updated on March 17, 2019.
This Terms of Service (“Agreement”) shall govern all services offered by Sinopia Comics Inc. (“Sinopia”, “we”, “us”, “our”), through our website (www.sinopiacomics.com) (the “Website”), as well as any other related websites, toolbars, widgets, or other distribution channels, we may, from time to time, operate (collectively, “Sinopia Comics Digital”), and any other features, digital content viewer (including comics books, graphic novels, and other publications), blogs, reviews, comment pages, contact us pages, services or applications offered, from time to time, by us (collectively, the “Sinopia Services”).
This Agreement also governs the use of the digital content viewer and any other software applications (“Apps”), distributed by Sinopia, and used by you to access the Sinopia Services.
1. TERMS OF ELIGIBILITY AND FEES
a. Eligibility. Use of the Sinopia Services is void where prohibited. By using the Sinopia Services, you represent and warrant that (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information, (iii) you are at least 18 years of age, or older; and (iv) your use of the Sinopia Service does not violate any applicable law or regulation. Your use of the Sinopia Services may be suspended, or terminated, without warning if we suspect you are less than 18 years of age.
2. SCOPE OF LICENSE
a. The digital content accessed through the Sinopia Services is licensed, not sold to you. You have no ownership or moral rights in the digital content, or any related documentation. The original owners, licensors, and Sinopia where applicable, own and retain all right, title and interest in, and to, the digital content, and any related documentation. Subject to the terms and conditions hereof, Sinopia grants you a non-exclusive, non-assignable, non-transferrable and revocable license (“License”) to view the digital content on a compatible device that you own or control, for your own personal, non-commercial use. If you do not agree with the scope of the License, you are not permitted to view the digital content.
b. Sinopia and its licensors own and retain all intellectual property rights in the digital content. Except as expressly specified herein, the provision of the Sinopia Services does not transfer to you or any third party any rights in, or ownership of, such intellectual property. Sinopia reserves the right to change or discontinue any and all features of the Sinopia Services at any time, with or without notice.
c. This Agreement, or License, does not grant you the right to copy, share, display to the public, modify, adapt, reproduce, transfer (except for personal use), create derivative works or make other use of the digital content.
d. Sinopia reserves the right to modify, suspend, or discontinue the offering of any digital content available on its Website through the Sinopia Services at any time.
e. Should a comic book, graphic novel, or other publication become temporarily or permanently unavailable, you agree that this is not grounds for a full or partial refund of any donation made towards the content creator of the work in question.
3. LIMITATION OF USE & ACCESS
a. You agree that you may not copy, modify, adapt, translate into any language, distribute or create derivative works based on the downloadable content, without the prior written consent of the intellectual property owner.
b. You agree that you will not, and will not allow any other person to decompile, dissemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Sinopia Services by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You may not remove, alter or obscure any product identification, copyright, trademark, logos or other intellectual property or legal notices in the Sinopia Services.
c. You are not permitted to make any of the digital content available over a network where it can be access or downloaded by third parties.
d. You agree that you are solely responsible for your use of the Sinopia Services, including without limitation, compliance with applicable third party terms, and payment of any applicable third party fees. You acknowledge that when you use the Sinopia Services, your internet service provider may charge you fees for data, as applicable under your service plan.
e. Sinopia does not guarantee that the Sinopia Services will be accessible on all devices. Sinopia does not guarantee that the Sinopia Services will be available in all geographic locations, at all times.
4. PROHIBITED ACTIVITIES
The following activities are prohibited through the use of the Sinopia Services. Sinopia reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to any or all part of the Sinopia Services at any time, with or without notice, and without liability if we believe you to be in violation of this Agreement. Sinopia reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, has violated this provision. The Prohibited Activities, include, but are not limited to, activities that in the sole discretion of Sinopia:
a. Are illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating, libelous, pornographic, or that contain nudity, or graphic or gratuitous violence;
b. Communicates information or content that you do not have a right to make available under any law or under contractual/fiduciary relationships, or otherwise infringes or violates someone else’s rights;
c. Involves sending, or otherwise posting unauthorized commercial communication, such as spam;
d. Interferes with, disrupts, impairs or creates an undue burden on the Sinopia Services or the networks or services connected therein;
e. Attempts to impersonate another person or entity, including, but not limited to, a User, or Sinopia official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
f. Provides false Personal Information on our Website;
g. Facilitates or encourages any violation of this Agreement;
h. May constitute, or contribute to a crime or tort.
5. CONSENT TO COLLECTION AND USE OF DATA
The Sinopia Services may allow, at your discretion, the collection and storage of data, billing information, content and materials (collectively, “User Data”). You are in control of the information you enter, transmit or display in connection with your use of the Sinopia Services, and you are solely responsible for the consequences of any such actions. By using the Sinopia Services, you hereby grant Sinopia, or its payment-processing partners, permission to collect and store such User Data in anonymous form, which may be transmitted and shared with affiliated agencies and business partners.
6. PAYMENT & TAXES
All donations made are inclusive of GST. You are solely responsible for paying all fees and applicable taxes associated with any donations made, in a timely manner, and with a valid payment method. To the extent that Sinopia is obligated to collect such taxes on your behalf, all such applicable taxes will be added to, and included in, your billing. You hereby authorize Sinopia, or its authorized payment-processing partner, to charge your credit card, or active PayPal account (the “Payment Method”) for all charges resulting from any donations in relation to the Sinopia Services. When you provide your Payment Method to us or our payment-processing partner, to process any potential donations, you confirm that you are authorized to use that Payment Method. Sinopia will never store your credit card information, PayPal account information, or other banking information on its servers. Sinopia may however store other information relating to your Payment Method, in order to provide you with better service the next time you use the Sinopia Services. For the handling of your credit card information, PayPal account information, or other banking information, please consult the privacy policies of our authorized payment-processing partners
a. You agree to pay to Sinopia, all charges incurred by you for any services provided by Sinopia in accordance with this Agreement.
b. You agree that Sinopia makes no guarantees regarding the intended use of your donation by the content creator. The donation is intended to support their artistic endeavors but in no way does Sinopia promise, guarantee, hold itself out, make any warranties, whether explicit or implied, or become responsible for anything in return, including but not limited to, a promise of new or continued digital content creation by the creator.
c. You further agree that for each individual donation amount, not directly donated to Sinopia, a percentage will be retained and used solely by Sinopia for the maintenance, support, and ongoing costs associated with running Sinopia, Sinopia Comics Digital and Sinopia Services.
7. RETURN POLICY
Due to the nature of the digital content provided on our Website, any fees charged to you that are related to a donation are NON-REFUNDABLE. All donations, once processed, are considered FINAL.
a. You agree to submit any disputes regarding any charge in writing to Sinopia within ONE HUNDRED AND EIGHTY(180) DAYS of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
b. In the event that a dispute cannot be resolved between the Parties, you agree to submit the dispute to PayPal and abide by their dispute resolution process for a final determination and be bound by said decision.
Please contact our customer service department, through the Contact Us section of our Website, if you have any questions or concerns about our Return Policy.
It is our policy to provide you with notifications for service related purposes, via email, or through conspicuous posting of such notice on our Website. By providing Sinopia your email address, you consent to our using of that email address to send you service related notices, including any notices required by law, in lieu of communication by postal mail. We may also send you messages, such as updates, user communications, newsletters, or offers. If you do not want to receive certain email messages from us in the future, you may opt-out through the unsubscribe feature located at the bottom of the email. Opting-out may prevent you from receiving valuable messages regarding updates, offers or communications. As a User, Sinopia reserves the right to email you certain notices about your use of the Sinopia Services, regardless if you opt-out from other voluntary email communications. We will notify you through email of every donation made via the Sinopia Services.
Sinopia, or third parties, may provide hyperlinks on our Website, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on our Website, or any affiliated website, imply our affiliation or endorsement of the Third Party Site, or their business practices. Sinopia expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by, or through our Website. Access and use of Third Party Site, including information, material, products, and services on Third Party Sites, available through Third Party Sites is solely at your own risk, and governed by the applicable terms of service and privacy policies therein.
11. TERM & TERMINATION
This Agreement shall remain in full force and effect unless your use of the Sinopia Services is terminated as provided herein. If your use is terminated, we will have no obligation to refund you any fees or donations you may have paid, except as may be required under applicable law. The terms of this Agreement begin on the date you first use or access the Website or Sinopia Services, and are effective until your use is terminated by either you or Sinopia, as provided for herein. Failure to comply with the terms of this Agreement shall result in the automatic suspension or termination of your rights under the License, without notice from Sinopia. Upon termination of the License, you shall cease to have any access to any of the digital content. Termination will not limit any of Sinopia’s rights and remedies under this Agreement. Sections 2, 3, 4, 6, 13, 14, 15 & 16(c), shall survive termination or expiration of this Agreement for any reason.
12. PRODUCT CLAIMS
You acknowledge that this Agreement is between you and Sinopia, and not any payment-processing partner, or any business partner. Sinopia is responsible for addressing any claims by you relating to the digital content viewer, including, but not limited to: (i) product liability claims; and (ii) claims arising under consumer protection or similar legislation.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SINOPIA SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SINOPIA SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY, ASSURANCES OF GUARANTEE OF ANY KIND. SINOPIA, ITS AFFILIATES AND ITS LICENSORS (COLLECTIVELY, “SINOPIA” FOR THE PURPOSES OF THIS SECTION, THE LIMITATION OF LIABILITY SECTION AND INDEMNIFICATION SECTION) DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESS OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE SINOPIA SERVICES, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE, OR ANY WARRANTY THAT THE SINOPIA SERVICES IS ACCURATE OR COMPLETE. SINOPIA DOES NOT WARRANT: AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SINOPIA SERVICES; THAT THE SINOPIA SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SINOPIA SERVICES WILL BE ERROR FREE; THAT ANY ERRORS IN THE SINOPIA SERVICES WILL BE CORRECTED; OR THAT THE SINOPIA SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF RIGHTS OF CONSUMERS AND THIS, THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU. SINOPIA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES TO YOUR DEVICES.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SINOPIA SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, COMPUTER OR SECURITY FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OR RESULTING FROM: THIS AGREEMENT; THE SINOPIA SERVICES, OR YOUR USE OF THE SINOPIA SERVICES; ANY FAILURE, INTERRUPTION OR DEFECT IN THE SINOPIA SERVICES, THE DEVICE UPON WHICH THE DOWNLOADABLE CONTENT IS ACCESSED; ANY BREACHES RELATING TO OR ARISING FROM A BREACH OF PRIVACY OR SECURITY IN TRANSMISSION, RETRIEVAL OR STORAGE OF DATA; WHETHER SUCH DAMAGES ARISE IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE AND WHETHER SINOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIABILITY EXCLUSIONS OR DAMAGES LIMITATION AND THUS, THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold Sinopia, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, contractors or anyone else who has been involved in the creation, production or delivery of the Sinopia Services (collectively, the “Indemnified Parties”) harmless from and against any claim, liability, loss, damages, costs and expenses incurred by the Indemnified Parties, arising out of or in connection with (i) your use of the Sinopia Services; (ii) your breach of this Agreement; (iii) any action taken by Sinopia as part of its investigation of a suspected violation of this Agreement, or as a result of its finding or decision that a violation of this Agreement has occurred; or (iv) any violation by you of any laws or rights of a third party.
a. Severability and Survival: If any provision of this Agreement is unenforceable under applicable law, the remainder of the provision and this Agreement shall continue in full force and effect.
b. Waiver: The failure of Sinopia to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its rights to subsequently exercise or enforce such right or any other provision of this Agreement.
c. Governing Law: You expressly agree that the governing law and exclusive jurisdiction for any claims or actions arising out of or related to this Agreement shall be Alberta, Canada.
d. Entire Agreement: This Agreement is the entire agreement between you and Sinopia with respect to the Sinopia Services, and supersedes all prior understandings. We reserve the right to modify this Agreement at any time. Such modification shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Agreement on our Website, or by contacting you directly via the email address provided to us. Your continued use of the Website, or Sinopia Services after the provision of such notice shall be deemed to constitute your acceptance of such modifications.
e. Intellectual Property. All digital content accessed through your use of the Sinopia Services, along with all applicable trademarks and logos of Sinopia, are the exclusive property of their respective owners. All digital viewers, applicable trademarks and logos, are protected under the applicable intellectual property law of the originating jurisdiction. All copyrights and trademarks used on www.sinopiacomics.com are the properties of their respective licensors.
f. Usage. Sinopia cannot prohibit children under 18 years of age from visiting our Website. Furthermore, all content on our Website is presented solely for entertainment purposes and does not constitute advice. Do not try this at home. Neither Sinopia, nor any licensor will be responsible for any physical, psychological, emotional, financial, commercial or other damages, alleged to have been caused by the direct, or indirect use, misuse, or reliance on the information and content provided on the Website.
Copyright Infringement. If you believe you are the lawful owner of material appearing on this Website, please notify us immediately at Herohelp@sinopiacomics.com.