Terms & Condition

TO REGISTER:
Input your name, address, and telephone number.
Note: that as a publisher you automatically have access to also purchase comics on the site.


Publishers can:
1. Upload their comic book (s) onWww. Afrikancomics.com.
2. Put price on their comic book(s).The price should not be less than 100 naira.
3. Monitor sales. The publisher can log on anytime to monitor his/her sale and the amount due.
4. Place age restriction (in terms of comic book with strong language, violence, sex and nudity.
5. Terminate his/her membership and withdrawhis/her works from the site but would be required to send a mail to Afrikan Comics to that effect.

Publisher will receive 70% commission and Afrikan Comics site will take 30% off the sale of the comic books. The uploaded comics must be in a PDF format. And not be more than 40mb.Afrikan Comics has the right to remove any work uploaded, which is either offensive, stolen or violates Afrikan Comics code of operations.


Afrikan Comics has the right to terminate the membership of any publisher who does not abide by the Afrikan Comics code of operations.Afrikan Comics is not to be held liable for any work plagiarized but will put measures in place to safe guard
against any such eventualities.


Publishers will be paid their commission quarterly (after every 3 months) of publication.Afrikan comics has the right to use any character or excerpts from the works (the comics) displayed on its site strictly for the sole purpose of aiding sales and creating awareness for the site.



TERMS OF USE FOR PUBLISHERS ON AFRIKANCOMICS

OVERVIEW

Welcome to the Afrikancomics.com website (the "Afrikancomics.com Site"), a website owned and operated by 1704 productions, a Company incorporated pursuant to the Laws of the Federal Republic of Nigeria.

YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR AFRIKAN COMICS PUBLISHER APPLICATIONS AND SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“TERMS”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.

PLEASE NOTE THAT THESE TERMS APPLY, REGARDLESS OF THE MEANS OF DELIVERY OF THE SITE TO YOU. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS (AS MODIFIED FROM TIME TO TIME). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SITE.

PLEASE NOTE THAT WE MAY CHANGE THESE TERMS FROM TIME TO TIME WITHOUT NOTICE SO YOU SHOULD REVIEW THEM EACH TIME THAT YOU VISIT THE SITE.

WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE.

YOU MAY NOT SIGN-UP OR USE THE AFRIKAN COMICS PUBLISHER APPLICATIONS OR SERVICES (DESCRIBED BELOW) IF YOU DO NOT AGREE.

UPDATED JULY 25, 2018

1. ABOUT AFRIKAN COMICS PUBLISHER APPLICATIONS

A Publisher (“You” or “Publisher”) is the owner or operator of a website (“Publisher Site”) and desires to use Afrikan Comics Publisher Applications as described below on such website. Afrikan Comics Inc. and its affiliates (“We”, “Us,” or “Afrikan Comics”) offers to Publishers: code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:

a. Sharing tools that include capabilities for deploying digital content and/or materials via social Web linking, bookmarking, rating, recommending, emailing, instant messaging, indexing, and posting to blogs (“Afrikan Comics Icon”);

b. Analytical tools and data to help publishers analyze how and what content is being shared by users, which can help identify audience influencers and other value drivers (“Analytical Tools”) (collectively, Afrikan Comics Icon, Analytical Tools and other tools We provide for publishers are the “Afrikan Comics Publisher Applications”);

c. Content, functionality, and services offered on or through AfrikanComics .com for publishers (“Our Website”).

We offer the standard Afrikan Comics Publisher Applications on Our Website at no charge to Publishers in consideration of our Publishers giving Us the a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, right to collect and use data from the use of our Afrikan Comics Publisher Applications on the Publisher Site. Other customized or premium services, such as advertising services, advertising network services, and fee-based services (“Services”) may be subject to additional terms as agreed to by You and Us.

These Terms serve as a contract between You and Us and governs your use of Afrikan Comics Publisher Applications and Our Website. You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied enforceable because they are in electronic form.

2. CONTACTING US

If you suspect misuse of the Site or if you consider your intellectual property has been unlawfully featured on the Site please contact: support@afrikancomics.com

For general comments on the Site, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the Find out more page on the Site.

3 USING THE SITE

3.1 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason the Site is unavailable at any time or for any period.

3.2 The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.

3.3 You may view (and, where applicable, listen to) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of our Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.

3.4 You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.

3.5 From time to time we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. Registered users may customize some of the Site's features to create personalized areas of the Site for their own private non-commercial use. Users must not otherwise alter, adapt or reverse engineer any part of the Site.

3.6 Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential.

3.7 You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.

3.8 You are responsible for everything done using your registration details. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.

We may suspend, terminate or prevent your access to the Site or your registration at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.

You may not copy code from another site. You must complete the registration process and provide Us with information about You that is complete, accurate, and up to date. By registering, you agree to the Terms herein and to comply with all applicable laws and regulations. We will notify You of any significant feature changes or enhancements.

4. ELIGIBILITY

1) Afrikan Comics Publisher Applications are available only to (i) individuals who are legally capable of entering into contracts (i.e., eighteen (18) years of age or older), or (ii) corporations and other legal entities authorized to form legally binding contracts under applicable law. We may refuse to offer the Afrikan Comics Publisher Applications to any person and may change our criteria for eligibility, at any time, in our sole discretion. We retain the right to terminate Your account and Your rights to use the Afrikan Comics Publisher Applications for any reason, including but not limited to, if We believe that any registration data You provide is or becomes untrue, inaccurate, not current, or incomplete, or if We believe in our discretion that You are in violation of these Terms.

2) You may use the Afrikan Comics Publisher Applications only with a web site You directly own or lease, and for Your personal or internal business purposes and not in connection with any other commercial purpose or application such as a toolbar, plug-in, helper, and/or component or other software that runs on an end user’s computer. You may use our Analytical Tools and any data from such tools (“Analytical Data”) solely for your personal or internal business purposes to analyze and operate Your Publisher Site. You may access the Afrikan Comics Publisher Applications only through the software, interfaces and protocols provided or authorized by Us.

5. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership

1) General . By downloading Afrikan Comics Publisher Applications from Our Website and accessing or using on Your Publisher Site, you agree that Afrikan Comics has the right to collect and use data related to visitors’ accessing Your Publisher Site (“Visitors”), including without limitation, data regarding the browsing and sharing of content from Publisher Site on a pseudonymised personal data basis (“Usage Data”). You agree that We may deploy a cookie, pixel tag, web beacons and/or other similar tracking technologies when Visitors to a page on Your Publisher Site containing Afrikan Comics Applications (e.g., sharing icon or widget) in order for Us to collect information on categories of Content shared by such Visitors and categories of Visitors’ interests (“Afrikan Comics Cookies”).

6 Your Content

6.1 The Site may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content.

6.2 You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.

6.3 It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site.

6.4 For the avoidance of any doubt, you acknowledge and agree that we may:

6.4.1 continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;

6.4.2 remove your Content at our sole discretion (even if you have not breached these Terms);

6.4.3 use all or part of your Content in promoting our products and services;

6.4.4 reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;

6.4.5 publish and/or distribute widgets and other applications similar to yours and bearing our or another user's branding or logo without any liability or responsibility to you;

6.4.6 modify your Content in any way at our sole discretion.

6.5 Notwithstanding 6.5, you acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.

6.6 By uploading or submitting Content to the Site, you warrant and represent that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.

6.7 You warrant and represent that your Content will not be inappropriate. Without limitation, Content will be considered inappropriate if:

6.7.1 It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;

6.7.2 It is in breach of confidentiality or another person’s privacy,

6.7.3 It prejudices any active legal proceedings of which you are aware;

6.7.4 It contains accusations of impropriety or personal criticism of our staff;

6.7.5 It infringes any intellectual property rights proprietary to us or any other third party;

6.7.6 It is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);

6.7.7 It advertises or promotes any product or service or makes any requests for donations or financial support;

6.7.8 It is spam or junk content;

6.7.9 It impersonates another person or otherwise misrepresents your identity, affiliation or status;

6.7.10 It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or

6.7.11 is in breach of these Terms

6.8 You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.

6.9 You must not attempt to gain unauthorized access to our Site, the server on which our Site is hosted or any server, computer or database connected to our Site or to attack our Site via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our Site shall immediately and automatically cease.

6.10 Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.

6.11 You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 6.

6.12 You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.

6.13 Third Party Content

We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.

7. PAYMENT AND REVENUE SHARE

Afrikan Comics will invoice and collect advertising fees from Advertisers. This is a 30% of each publicized item. This is the 30% commission of the sales of each published comic book after tax. Afrikan Comics shall, by method of self-billing, pay Publisher its agreed share of the revenue under this Agreement within the first week of the first month of the next quarter as remuneration and payments billing are calculated at every quarter of the year, in which the advertising revenue is to be collected by Advertisers. Calculations of revenues and agreed revenue share, statistics etc. will be based on data generated from and by the Afrikan Comics Network. Payments shall be done to the bank or credit card account provided by Publisher.

Publisher will not be reimbursed for any outstanding debt if not claimed within the set-out periods above. Publisher revenue share, as applicable from time to time, is disclosed on Publisher Account.

8 INTELLECTUAL PROPERTY RIGHTS

You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet, the Afrikan Comics Publisher Applications or Our Websites will be free of viruses or other destructive code and infringements of any intellectual property

8.1 For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in our Site. All such rights are reserved.

8.2 We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to the Site.

8.3 We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

phone number: 08180018055 & 08180018056

email address: support@afrikancomics.com

Please include all of the following in your notification:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• A description of the copyrighted work you claim has been infringed;
• A description of where the material you claim is infringing is located on the site;
• Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9 YOUR PERSONAL INFORMATION

In addition to these Terms and the Additional Terms, please read the Privacy Policy carefully as it governs our collection and use of information about you, and states that we may collect your information in Nigeria and transfer it to companies within our group (including companies based outside Nigeria). By using our Site, you consent to us obtaining and holding your data as set out in the Privacy Policy.

10 DIACLAIMER OF WARRANTIES AND OUR LIABILITY

You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet, the Afrikan Comics Publisher Applications or Our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

10.1 The following provisions of this clause 10 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

10.2 The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.

10.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law.

10.4 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:

10.4.1 loss of or corruption to data; or

10.4.2 loss of profit; or

10.4.3 loss of anticipated savings; or

10.4.4 loss of anticipated revenue; or

10.4.5 loss of business; or

10.4.6 loss of opportunity; or

10.4.7 adverse effect on reputation and/or goodwill; or

10.4.8 any indirect or consequential loss or damage save that for these purposes losses arising as a result of
regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.

10.5 Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12-month period immediately preceding the date on which such loss or liability arose or 10,000 Naira or its equivalent in dollars or pound sterling.

10.6 Without prejudice to the generality of the exclusions of liability contained in this clause 10, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).

10.7 We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site.

10.8 Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects.

11 MAINTENANCE OF THE SITE

11.1 You acknowledge and agree that from time to time we may need to:

11.1.1 fix defects and errors in the Site;

11.1.2 install updates and undertake general diagnosis and maintenance of the Site; and

11.1.3 undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.

12. VARIATION

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.

13. PLACEMENT OF ADS.

13.1. Publisher shall be solely responsible for placing Ads as agreed Afrikan Comics on Publisher Web Sites.

13.2. No Ads may be placed on any root URL not specifically approved by Afrikan Comics Media for membership within the Afrikan Comics Network.

13.3 Ads may not be placed in email messages

14. MISCELLANEOUS.

14.1Publicity.

Any public announcement relating to the Agreement must fairly and accurately represent the Parties’ business relationship, must not conflict with this Agreement and must be approved by the other Party prior to its release.

14.2Independent Contractors.

It is the intention of Afrikan Comics and Publisher that Afrikan Comics and Publisher are, and will be deemed to be, independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between Afrikan Comics and Publisher.

14.3 Entire Agreement.

This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and will supersede all prior agreements and communications of the Parties, oral or written, with respect to the subject matter hereof. In the event of conflict between these Terms and Conditions for Publishers and the associated Purchase Order, the associated Purchase Order will prevail.

14.4Amendment; Waiver.

No amendment to, or waiver of, any provision of this Agreement will be effective unless in writing and signed by both Parties. The waiver by any Party of any breach or default will not constitute a waiver of any different or subsequent breach or default.

14.5 Termination.

Either party may terminate the agreement with seven (7) days advance written notice for all or any of the Publisher’s Websites without any further obligation or payment except with respect to that portion of any fee due with respect to the placement of the Newsfeed, including Publisher’s Share, as appropriate, up to and including the effective date of termination.

In the event of termination, Publisher must remove Provider Newsfeed within 24 hours of the effective date stated in the notice. Newsfeed Provider is not liable for payment of any fees beyond the effective date of termination.

14.6 SEVERANCE

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

14.7 JURISDICTION AND APPLICABLE LAW

14.7.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Federal Republic of Nigeria

14.7.2 The courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.

Out-of-court settlements

We also engage in out-of-court settlements before consumer arbitration bodies under the regulation Arbitration Act Nigeria, 1996.