Comixon User Agreement

Dear User!

Prior to start using Comixon application, please take time to check out these important documents (License Agreement, Terms of Service and Privacy Policy). The User cannot start using the application Comixon without prior agreement with the above-mentioned and following documents due to their law binding character.

Accepting the Comixon conditions, the User agrees with all its provisions.

Definitions of main terms:

License Agreement - is this document with all amendments and upgrades.

Comixon - services and features provided by our developers through the Service, through our website http://comixon.com/ and through any other our products with Comixon brand, current and future.

User Submissions - are photos, texts, personal information and any data submitted by the User, Users' names, graphics, etc.

Comixon team - are the authors of the application, Service members, directors, officials, employees and agents.

User - is a visitor, a user and any other party with the access to the Service.

Platform - is a set of services and features, which allows to access and to provide the Comixon data.

Advertiser - is an advertiser customer, a legal entity or an individual.

Service - is a set of services and the License, provided to the User through the Platform usage.

Login - is a symbolic name of the User.

Password - is a secret word or a set of symbols, designed to confirm a personality or the user authorities.

Account - is a profile with the identifying information about the User, which the User provided to the Service.

Rules - is a set of requirements and conditions, stated in the documents of the Comixon team, which regulates the issues of services provision and the relations arising from them.

License agreement

This License Agreement is a set of conditions of the services provision, regulating the issues of the Comixon application usage and the other Comixon team products, relations with the Users and the other parties, who use this application and other products of the Comixon team. Using the application, the User is obliged to follow all the stated in this License Agreement conditions. Agreeing with these conditions, the User accepts them unconditionally and takes over all obligations, provisioned by this License Agreement.

Confirming your agreement with the conditions of this License Agreement, the User agrees to follow all legislation and any other acts of any territory level, which are applied to the usage of this License Agreement, User Data, photos and any other data, which the User operates while using the License Agreement. The User is a guarantor of all its actions and claims that the actions are found to conform to the Law of the Country or to the Law of its separate area, where the User gets the access to the Service and uses it.

The Comixon team reserves a right, in case of breach of these Terms, to delete the User Account on its sole discretion, to make changes of the present License Agreement on its sole discretion. Using the Service upon the Comixon team has published the new or updated provisions of these License Agreement, underlines the User compliance with them. New or updated provisions of the License Agreement come into effect after their publication or from the date, stated in the updated License Agreement.

All mentioned conditions of this License Agreement do not conform to the current legislation. While using and getting access to the Service and other Comixon products, the User is obliged to follow all applicable laws, governing this kind of service and relations, connected with the provision of such services.

Main principles of the Service work:

1.The User shall be solely responsible for any information, submitted by him or her to this Service. Submitting the materials, the User complies with the fact that these User Submissions will become available to all Internet users. Only the User has the authors rights on all his or her own Submissions, created by him or her with the help of the Service. However, when using the Service, the User gives its permission for publication of these Submissions within this Service and beyond its limits.
2.The Service prohibits the User to publish the Submissions which do not conform to the Law, limit or infringe the legal rights of other users, including publication which are libelous, threatening, harassing, racially or ethnically aggressive, as well as sexually explicit or any other obscene content. The User has legal responsibility for the Submissions.
3.The Comixon team is not obliged to monitor, coordinate or block the publication of any Submissions in advance. However, as far as possible, the Comixon team will monitor such Submissions and such User accounts, the meaning of which do not conform to the License Agreement conditions, and delete or block such Submissions or accounts.
4.The Comixon team is not liable for any User's behavior, as well as for the accuracy and usefulness of the information published by other Users. Only the User is a solely responsible party for publication of its Submissions, sharing the information, communicating, and possible conflict situations with other Users. The Comixon team trusts its Users and waits for trust, respect and consciousness from them when communicating with the other Users of the Service.
5.The Service uses its marks of distinction (print, logo, name, and other interface elements) which are subject of intellectual property. The User cannot use such marks, created by the Service, in its personal interests without special permission given by the Comixon team.
6.The Comixon team has a right not to grant or to terminate any User's access to the Service due to any reason, at any time, on its sole discretion without stating the reason.
7.You have a right to refuse following these License Agreement and delete your personal account, by submitting a request to delete your account in user settings in the app.

The principles of your security

8.The Comixon team does its best to make the Service work safe, however, cannot guarantee it. The User is obliged not to use the Service for any illegal harmful discriminating actions. The User is obliged to provide reliable personal information and accurate contact details and to update it timely.
9.It is prohibited to submit any false personal information. It is also prohibited to use more than one personal account. In case of a personal account has been blocked, the User cannot create another account without the permission from the Comixon team. The User is the only owner of the account and should not pass the password to a third party without preliminary written permission from the Comixon team.
10.The User is solely responsible for any its actions, which potentially may harm his or her profile security. In case the User exploits a name and/or a login not directly connected with the real name of the account owner, Comixon team is liable to delete such an account and pass the rights back to the real owner (owner of the trade mark).
11.The User owns all the Submissions, submitted by him or her to the Service. The conditions of gathering and usage of the User Submissions are governed by our Privacy Policy. The User agrees to the usage of any of his or her data and Submissions, including their transfer to other Users of the Service and Internet Users.
12.Only the User is solely responsible for publication of any personal or private information, regarding the User and another third party.
13.The User agrees to grant the right to the other Users to synchronize their devices with any information, available to them on the Service.
14.It is prohibited to pass, sell the data of your account, a list of followers, other rights on the account. It is prohibited to use an account of another User to enter the Service.
15.Only the User is solely responsible for creating, saving and securing his or her password and login when using the Service.
16.It is prohibited to interfere into the Service work by any means, to copy its elements and to create similar products. The User is responsible for transmitting any spy or other harmful programs, creating accounts with the help of any automate devices, web-spiders, scrappers, crawlers, bots, scripts and others.
17.The Comixon team, from its side, does not guarantee from the server crashes, saving the User Submissions and security of information transfer. The Comixon team is not responsible for any changes or stops of the Service work, due to the external actions and any other external interference in the security system. It is not recommended to use the Service as the only storage of the User Submissions. Store the back-up copy of your content on other data storage devices.
18.The Comixon team has a right to make any changes in the Service work or stop the Service work at any time without any obligations and without prior notification of the Users. Such events may be due to technical works, update of the Service and its separate elements, failures in equipment operation and telecommunication channels.
19.The User has a right to delete its account at any time by submitting a request to delete your account in user settings in the app. In this case the User will lose the ability to use all his or her Submissions and other Users Submissions, including those created by the User earlier. These Submissions can be available on the Service to the other Users and beyond the limits of the Service.
20.After deleting your account, all the rights, granted by this License Agreement shall cease to have effect.
21.The User is not allowed to make any attempts to limit the access to the Service for the other Users.
22.It is prohibited to use commercial or any other unacceptable for the other Users mass messages - spam.
23.The Comixon team provides its help in protecting the authors' rights of all Users for all their content. In case of violation of the authors' right on intellectual property, the User may send a message to the Comixon team though the service in the application "Report a problem" or to e-mail address feedback@comixon.com.
24.A message should contain the following information: digital signature of the owner of the exclusive right; identification data of the Submission (Submissions) in respect of which the authors' rights exist, the list of such Submissions; Submissions data (list of data) which underwent the breach of rights; information about the violator (of the author's rights), e.g. login, phone number, other identification data; contact details of the User, who submitted a grievance; link or suggestion that the usage of the materials by the assumed violator is not allowed by the owner of the author' rights or a legal representative of the author; statement on certainty of the information provided by the claimer and notification of responsibility in case of false evidences.
25.In case of repeated infringement by the User (more than two registered violations), the Comixon team reserves a right to delete or block the access to the Service by this User at any time on its sole discretion without prior notice of the User.
26.In case of violation of the rights of the intellectual property by the User, the Comixon team has a right to block or delete an account of the User-violator. If the User considers the actions of the Comixon team, i.e. blocking or deleting an account or some published Submissions, in error, the User may appeal against Comixon team actions by composing a complaint under a pre-action protocol.
27.The Service does not allow publishing any commercials and other kinds of advertisement. The Comixon team reserves a right to delete at any time such kinds of Submissions.
28.It is prohibited to use crawlers and scrappers, cashing, and other ways of getting access to the Submissions.

Additional services

29.In case of any payment on the Service, the User accepts the full payment terms of the Comixon team.

Limitation of Liability

30.The Comixon team is trying to hold the Service work in good order, without failures and excluding any external interference, regarding the Users' data security. However, each User uses this product at its sole risk. The Comixon team does not guarantee complete safety and security with the respect of the Comixon product work, including the security of the User Submissions.
31.Concerning the fact, that the Service is connected to the range of other external services, we shall not be liable for their error-free work. The Service allows sharing some Submissions with the Users of other services, applications and websites, thus allowing the Users to open these materials to a bigger public. Therefore, publication of the secret or private materials can only be done by the User's desire and at its sole risk. The Comixon team shall not be liable for the privateness of the published data and Submissions, for any usage or publication of Submissions within the Service and beyond its limits.
32.The Data, published on the Service, may contain links to other websites - third-party websites. The Comixon team shall not be liable for content, security, work flow and privacy policy of these websites and, as follows, bears not responsibility for the User's obligations, connected with the usage of such websites.
33.The User is solely responsible for all possible expenses as a result of the Service usage, including the commercial affairs with third-parties (advertisement, paid services and any other commercial relations).
34.In no event shall Comixon be liable for any loss of data, loss of profit, loss of reputation, technical damages, security damages and commercial damages arising out of actions of the third-parties (fraudsters, viruses, technical failures, interruptions or cessation of transmission of computer lines and nets and whatsoever any other external interferences).
35.In no event shall Comixon be liable for personal injury or harm to health or the death of the User due the direct or indirect usage of this Service.
36.The User agrees not to claim Comixon due to unknown or unpredictable, at the present time, reasons in relations to further work and further usage of this Service.
37.The User agrees with the fact that any damages arising from the actions of the Comixon team will be reparable and insufficient for seeking an injunction which can prevent the usage of the Service, website, any other Comixon product and the Comixon team materials.
38.It is prohibited to publish any confidential information about the User and third parties, for example, any identification data, credit cards, bank accounts and any other private personal and financial information.
39.At the present time, Comixon provides the Service for free, however, we would like to attract your attention to the fact that the data transmittal and message sending charges are taken according to the User's Internet-provider rates.
40.In case that the User has changed an e-mail address or mobile phone number, the User needs to update this data on the Service as quickly as possible, to avoid sending the messages to the wrong addressee.
41.The Comixon team is not liable for publication of third-parties Submissions and for any damages, losses, harm arising from these Submissions publication.
42.The Comixon team works on increasing the quality of the Service and the other Comixon products. The User agrees that Comixon software will periodically install some additional features, downloading updates with the aim to increase the quality of the Comixon products' work.

Securing the rights of the interested parties

43.Any violations of the provisions of this License Agreement by the User of the Service, as well as any violation of current legislation, governing such relations, oblige the User to repair the damage in the event of a dispute and claims, loss of profits, expenses caused by the loss or the occurrence of any liability. In that case, the User is obliged to provide any useful assistance and cooperation to the Comixon team when defending their rights in the event of claims.
44.The solution of the disputes is regulated out of court.
45.In case of bringing the matter before the court, all disputes relating to the use of the Service will be settled on an individual basis in accordance with the current legislation.
46.The procedure for appealing of the decision of the court is performed in accordance with the current legislation.
47.When filling any claims with the respect to the relations which are governed by this License Agreement and by the current legislation, the User agrees not to participate in any collective claims, mutually as the Comixon team will not.
48.In case of disputesbetween Comixon team and a third party, the User will not take part as an attorney or a representative.
49.If any provision of this License is held to be void, invalid, unenforceable or illegal by the court in the process of legal proceedings, the other provisions shall continue in full force and effect.
50.The Comixon team reserves a right to modify any provision of this License as well as the provision for the rights protection and disputes settlement. In the event that the dispute arose before the accession of a new version of this provision into force, this change will not apply to the dispute and will begin to have effect upon the dispute's settlement.
51.The language of this License Agreement is English (English variant). In the event of conflict between the English version and the translated version of this License, the priority stays with the English version.
52.Every User may give his or her feedback and comment the work of the Service in the Service application "Report a problem" or send an e-mail letter to the Comixon team via e-mail feedback@comixon.com The User admits and agrees that the Comixon team may use any proposals of the User to modify and update the Service without any payment obligations for such proposals. The User, from his or her side, is not obliged to provide such proposals.

Miscellaneous

53.It is not allowed to pass the rights and obligation arising in the result of using the Service without prior agreement from the Comixon team.
54.The rights and obligations may be transferred, may concede as a result of reorganization, asset sales and other transactions, otherwise in accordance with the applicable law.
55.If the Comixon team is not able to force application of any provision of this License to the User or a third party, it will not constitute a waiver of the Comixon team from this part of the License or the refusal from the License as a whole.
56.Any amendments or modifications to this License will be issued in writing and shall be subject to the mandatory publication.
57.This License does not grant any rights to the beneficiaries.
58.If the User does not agree with any provisions of this License, the User should not use the application Comixon and the other products of Comixon. If the User has already started to use the Service and the User does not agree with any provisions of this License, the User should terminate usage of the Service immediately.

Comixon Privacy Policy

These terms govern the collection, storage, use, transfer and protection of the Users' Submissions, ability to manage data collection with the help of the Service and other companies, with which we cooperate in terms of provision of the Comixon products. The purpose of the data processing is to accomplish the obligations of the Comixon team regarding the usage of the Service to the Users.

This Policy is applied to all the Service Users. By using the Service, the User agrees that Comixon provides the platform to host the Submissions and to spread them in public. Any Internet User may, eventually, view them and spread independently of the will and desires of the Service User. The User gives his or her consent to the collection and processing of their personal data.

1.The User agrees to these provisions, accepts the rights and obligations. The User is familiar with the fact that the published Submission, including personal data, may be visible to the other Service Users and the other Internet Users. Thus, the User Submissions can be distributed regardless of the User's desire. The User is aware that the published photos, correspondence and some other information cannot be deleted by the User.
2.The Comixon team assumes no responsibility to verify the accuracy of the information about the User of the Service.
3.The Privacy Policy is developed and applied to all the Service Users. The information collected by Comixon includes:
- -information, provided by the User at account registration on the Service (obligatory fields: User login, mobile phone number, e-mail address, password, language zone; non-obligatory field: a User's name, date of birth);
- -information additionally filled in the User's profile (text about the User, links to others websites, location);
- -User Submissions, added by the User while using the Service (photos, comments and other Submissions).
4.Information always available for all Users: login, name, text about the User, links to other websites. You can search a User by the login and/or name and/or e-mail address.
5.Messages, related to the Service, may be sent to an e-mail address or mobile phone number of the User, stated at account registration. This information is connected with the registration confirmation of the User on the Service, notification on password reset, information on the Service updates, amendments or acceptance of a new version of the License, technical notifications. Since the entered e-mail address and mobile phone number is mandatory and the only means of contact with the User, the User cannot abandon the mailings by e-mails and SMS.
6.All the information that we receive from the Users, we use only for the purpose of improving the quality of the Service. The information we gather is not personally identifiable, but aggregated for all Service Users.
7.The Service can get access to the User device identification (phone, tablet, etc.) Data collection starts since the moment of account registration by the User and continues to entering the updates and additions to these data.
8.Data is stored on the electronic devices; the processing is carried out through the automated systems. In some cases, in order to accomplish the requirement of the legislation, the automated processing of the Users personal data can be applied.
9.The transfer of the personal data to a third party can be carried out only with the consent of the User to any such transfer. The main condition for the transfer of the personal data to a third party is the third party's obligation to ensure the security of the received information. To avoid the conflict of interests the User is obliged to familiarize him- or herself with the Security Policy of personal data of the third party. The procedure of personal data provision is carried out in accordance with the current legislation.
10.The removal of the personal data is carried out in case of independent removal of an account and its separate data by the User or of an account removal and its separate data by the Comixon team.
11.The User has a right for free access to his or her information as well as the right to load his or her personal data. At any time the User can independently update the profile and his or her personal information.
12.The User is responsible for securing the information, used to access the application (login, mobile phone number, password, e-mail address) and self-dependently ensure the security of such information. The User has no right to pass such information to a third party.
13.The Comixon team implements the technical and organizational and legal measures to ensure the personal data of the Users to be secured from unauthorized modification, distribution, blocking and any other actions that violate the User's rights.
14.In case of loss of login or password, the User can restore the access to the account with the help of reset code, which will be sent to the e-mail address stated at registration of the User.
15.To ensure the security of the User's personal data, the Service limits the number of attempts to access the User's account. In case that the User entered the wrong login or password by mistake five times in a row, the access to the requested account will be blocked for the next 30 minutes.
16.The provisions of this Policy do not affect the web-resources of third parties and their actions. The Comixon team has no responsibility for coping and distribution of the User data, which is intended to be open information available to any Internet User.
17.The User of the Service is obliged to wisely and conscientiously publish the information about him or her and other individuals to secure its confidentiality and security.
18.The User can write to the Comixon team about his or her wishes and proposals, through the service in the application "Report a problem" or by sending an e-mail to feedback@comixon.com. The appeal will be considered within 30 days from the date of its receipt. During that time the Comixon team is undertaking to reply to the User.

Terms of Comixon use

1.These Terms govern the use of the service Comixon and is an indispensable part of the Comixon Rules. By accepting these Terms of Comixon use you confirm the acceptance of provisions of Comixon Rules.
2.Account registration on the Service is voluntary and free. You can download the Comixon application at the AppStore.
3.The Service User has a right to register not more than one account.
4.The User is responsible for all provided registration information, its relevancy and accuracy, compliance to the Comixon Rules and current legislation.
5.The User registers his or her account in accordance with the set Comixon Rules, has rights and obligations. The age of the User enables him or her to enter into these terms, conditions and obligations by the current legislation.
6.After the User has registered his or her account, the Comixon team also takes over all the rights and obligations in accordance with the established Comixon Rules.
7.When registering an account, the User provides all the necessary information for creating an account in the application, including necessary data for registration (login, mobile phone number, password, e-mail address) and, optionally, additional information provided by the User (links to the websites, User's name, date of birth, location and other additional information about the User).
8.The User has a right to change the information, provided at registration, at any time, to delete the earlier published personal information by submitting a request to delete your account in user settings in the app. However, the materials published by the User may be stored at other Users of the Service and the Internet Users.
9.As a login cannot be used words and names, contrary to the Rules of Comixon, current legislation norms and the international law norms. It is prohibited to use the trade names, brand names, registered trademarks, in case that the User has no rights to use them, as well as any use of profanity. If this provision is breached, the Comixon team has a right to ban the usage of such login and to pass the right of using it to the rights' owner.
10.The User has no right to pass his or her login and password to a third party and is responsible for their security. In case of illegal use of login and password and, as follows, an account, the User needs to address the Comixon team employees, through the Service in the application "Report a problem" or by e-mailing to the Comixon team e-mail address feedback@comixon.com as soon as the User got to know about the accident.
11.Any actions, in relations to the password and login of a particular User, are considered being carried out on behalf of the User, unless otherwise is proved.
12.Upon completion of registration, the User accepts all the rights and obligations stated in the Comixon Rules.
13.Personal data of the User is subject to processing with the only aim to provide the Service functionality and access to use it. The Comixon team takes the necessary measures to ensure the safety of the personal data of the User against any external illegal interference, including its modification, coping, disclosing and deleting.
14.Comixon has a right to use your personal data in such cases when it is necessary to comply with the current legislation requirements. Restricting the data security is also possible to prevent illegal actions of the Users.
15.Any interference and usage of the User personal data is carried out in accordance with the current legislation and only by an authorized Comixon employee who needs this information only to maintain trouble-free work of the Service and provide the access to its usage.
16.The User agrees to his or her personal data processing with the due account for the above-mentioned cases when the interference from the Comixon team is necessary.
17.By using the cookies files, the User may allow to store his or her login and password for the next access to the application.
18.The Comixon team is not obliged to control the content of the User accounts, materials Submissions, usage of these Submissions, as well as their coping and distribution, except for particular cases, set by the Comixon Rules and current legislation.
19.The User agrees that all his or her actions connected with the usage of this Service are legitimate, i.e. comply with the current legislation. The User carries out the actions only on behalf of his or her own name or per power of attorney given that it is done without prejudice to any rights and interests of a third party.
20.Submission of any third-party commercial advertising and political advertising at the Service is prohibited. Third-party commercial advertisement - is any information, devoted to attract attention with the aim of creating or maintaining interest to the subject of advertising for further profit.
21.In case of any third party commercial adversing or political advertising occurrence, the Comixon team has a right to delete such Submissions. In case of repeated violations of this provision, the Comixon team can limit the access to the Service by the User for some period of time upon decision of the Comixon team.
22.The User is responsible for his or her Submissions in accordance with the Comixon Rules, the current legislation of the country and the international law norms.
23.While using the Service the User should:
- -follow the Comixon Rules, the current legislation of the country, the international law norms;
- -provide accurate and relevant information about him/her;
- -store his/her Submissions, published at the Service, on the back-up data storage;
- -check the legitimacy of his or her Submission and the Submission spread by other Users;
- -take care for the safe access to your account and the safe work with the Service;
- -in the event of unauthorized access to your account immediately inform the Comixon team;
- -be the only User of your account.
24.To provide the security of the Users' data, the User is prohibited: -to submit the materials, that is copyrighted and the property of a third party, containing the trade secret, unless the User is the owner of such rights or have permission from the rightful owner to post the material. In such event the User grants all license rights on these materials granted herein; -to submit materials that is harassing, defamatory, obscene, encourages to conduct an offense, threatening or is otherwise inappropriate. The User is aware that such actions may give rise to civil liability and would be considered a criminal offense;
- -to impersonate another person;
- -to interfere with or disrupt the integrity or performance of the Service or the data contained therein;
- -to submit materials which contain software viruses, codes, programs, agents, scripts or other;
- -to post advertisements or solicitations of business;
- -to attempt to gain an unauthorized access to the Comixon products or its related systems or networks;
- -to violate the intellectual property rights and the authors rights through the usage of the Service.
25.The User is responsible for any relations with the other Users as well as for any Submissions which are published and spread by the User on the Service.
26.If the User does not agree to the provisions of the Comixon License and their further modifications, the User has no right to continue using the Service and is obliged to discontinue the use of the Service.
27.Any objects, located on the Service (design elements, images, illustrations and other) may not be used by coping, transmitting, sale, distribution, downloading, posting, frame publishing, processing and by any other means without Comixon agreement.
28.By submitting the materials to the Service, the User grants the other Users a non-exclusive right to view, copy, reproduce, process them and other rights for personal non-commercial use in the limits, not violating the owner's interests. In such case, the use of Submissions is allowed only provided that the copyright and other author's marks are used.
29.The User grants Comixon a non-exclusive, royalty-free license to use his or her Submissions, created on the Service. These rights include the right to treatment and disposal of the Submissions for advertising information. The right is granted for the time while Submissions are posted on the Service and is in effect in all countries. Comixon may transfer such rights to a third party.
30.A non-exclusive right, mentioned in article 29 of these Terms, should be terminated upon a user's account removal, however, Comixon reserves the rights to store the archive copies of the User Submissions during the necessary period.
31.The User may not use the Submissions of the other Users and any Comixon marks of distinction without agreement of the rights holder in the written form, except for the cases stated in these Terms.
32.Only the User is solely responsible for submitting any information and any materials on the Service by him/herself or with his/her help.
33.The Comixon team has a right to transfer or remove the User Submissions, which violate these Terms, Comixon Rules and the norms of the current legislation at its own convenience without notice of the User.
34.The Comixon team is not liable for any materials of a third party (owned or submitted by a third party), including any information, links to websites, guides to download third party programs. Availability of such materials on the Service does not imply the Comixon team agreement or concordance with submitting of such materials.
35.The User visits the third party websites from the Service, download programs or files only on his/her own risk. In this case the Comixon Rules terminate its effect in relation to this User.
36.Interpretation and regulation of the Comixon Rules, as well as the issues which are not covered by the Comixon Rules, should be done in accordance with the current legislation of the country.
37.The Comixon Rules are a License Agreement between the Comixon team and the User. The latest version of the License replaces all the previous versions of the License between the Comixon team and the User.
38.If any provision of these Comixon Terms is deemed invalidthe invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
39.When deciding any dispute related to the use of the Service and Rules, the Comixon team sets a mandatory pre-trial order to decide a dispute. In the event that the dispute was not solved in the pre-trial order, the sides may apply to the court to solve the dispute in accordance with the applicable law of the country.
40.The Comixon Rules are composed in English language and may be provided to the User on another language for familiarization. In the event of conflict between the English version and the translated version of this License, the priority stays with the English version.