Terms of Service
This Agreement is entered into by YOU, ("CARTOONIST"), on the one part, and COMIC GENESIS, ("COMIC GENESIS"), a division of KEENSPOT, a California general partnership, on the other.
- Copyrights -- The CARTOONIST's material (the characters, site design, and strips of the CARTOONIST's cartoons/comic strips) is the intellectual property of the CARTOONIST who retains ownership of the Copyrights and Trademarks on such items.
- Agreement -- COMIC GENESIS agrees to give the submitting CARTOONIST free webhosting and promotion. CARTOONIST agrees to place COMIC GENESIS' ad banners and promotional materials on CARTOONIST'S website in appropriate and proper locations. CARTOONIST also agrees to follow COMIC GENESIS' Acceptable Use Policy.
- Term -- The term of this agreement commences upon the execution of this Agreement and shall terminate within thirty (30) days after the delivery of a notice of termination by the CARTOONIST to COMIC GENESIS, and thirty (30) days after delivery of a notice of termination by COMIC GENESIS to the CARTOONIST. COMIC GENESIS reserves the right to immediately suspend or terminate without notice the agreement in cases including, but not limited to, violations of COMIC GENESIS' Acceptable Use Policy.
- Warranties -- CARTOONIST represents and warrants that all material placed on CARTOONIST's website is exclusively owned by CARTOONIST and CARTOONIST has the full and sole right and authority to enter into this agreement and place said material on CARTOONIST's website. CARTOONIST represents and warrants that all the material placed on CARTOONIST's website is wholly original and that CARTOONIST is the sole author or controller thereof; that no claims or litigation exist or will wxist at any time relating to the material or purporting to question or adversely affecting the rights granted herein; that the material does not and will not violate the rights of privacy or publicity of or constitute a libel or slander against, or violate any common law or other rights of any person or entity.
- Indemnity -- CARTOONIST agrees to indemnify and hold COMIC GENESIS and all of it's partners (and their partners) harmless from any liability, damages, actions, costs, and expenses incurred on account of the content of the CARTOONIST'S material, including but not limited to defamation suits, and including but not limited to reasonable attorneys fees and costs of defense.
CARTOONIST agrees to indemnify and hold COMIC GENESIS and all of it's partners (and their partners) harmless from any liability, damages, actions, costs, and expenses incurred on account of any downtime or technical problems of CARTOONIST'S website, and including but not limited to reasonable attorneys fees and costs of defense.
COMIC GENESIS reserves the right to refuse to publish any material which, in COMIC GENESIS' discretion, would increase COMIC GENESIS' risk of liability.
- Mediation/Arbitration -- The parties agree to mediate through an independent mediator selected by CARTOONIST any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the costs of mediation to be shared equally. If mediation does not resolve the entire controversy or claim, then the remainder shall be resolved by arbitration under the provisions of the California Arbitration Act, section 1280 et. seq. of the California Code of Civil Procedure, or any successor statute.
- Attorneys Fees -- The prevailing party shall be entitled to attorneys fees in addition to other costs incurred in any litigation or arbitration necessary to enforce the provisions of this agreement or matters arising out of this agreement.
- Notices -- Except as otherwise expressly provided by law, notices or other communications required or permitted by this agreement or by law to be given to either party shall be in writing and shall be deemed given when personally delivered to the party to whom it is directed, or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the party shown near its signature below, or to such change of address noticed in the manner provided in this section.
- Binding Effect -- This agreement is binding upon and shall inure to the benefit of the transferees, successors and assigns of the respective parties.
- Counterparts/Facsimile -- This Agreement may be signed in counterparts and shall have the same force and effect as if all parties executed one document, and signatures may be provided by facsimile transmission.