Terms of Service

Comicbrush Terms of Service

The following Comicbrush Store Terms and Conditions (these "Terms") represent a legally binding contract (this "Contract") between you (the individual person or company seeking a Customer account) ("You" or the "Customer") on the one hand, and Clickwheel Limited ("Clickwheel", "Us", "Our" or "We") on the other hand. Clicking “I Agree” below indicates your agreement to all of these Terms.

  1. Points

    This section describes Points, how they are obtained and how they can be used.

    a. What are Points?
    "Points" are not goods, but a limited, personal licence granted to You to select and use certain Assets according to the licence in section 2 below.
    b. Acquiring Points.
    Points may be acquired at the rate of $5.00 (five US dollars) for 2,500 points, although we reserve the right to change this price at any time. Points must be acquired in accordance with the directions on the Comicbrush Store site. Payment for Points must be made via the payment system(s) which We specify at the time of purchase. The sum which is converted into Points is the sum actually received by Us in cleared funds in pounds sterling after processing and currency conversion fees and after deduction of VAT or other taxes, if applicable.
    c. Non Refundable and Non Exchangeable.
    Points are non refundable. They have no monetary value and cannot be redeemed for cash or anything other than the Assets licence granted by Us in section 2 below. Unless clearly stated otherwise, Points cannot be used for any other products sold or licensed by Us outside of the Comicbrush Store system. However, we may allow Points to be used on other sites which We operate, in accordance with such rules as We may institute from time to time. Points cannot be used with any other company.
    d. Maximum Unused Points and Maximum Daily Usage.
    The total number of unused Points shall not exceed 50,000 Points per customer at any one time. You cannot use more than 50,000 Points in any single day. We reserve the right to change these maximum limits, for instance if it appears to Us to be necessary to do so to prohibit misuse of Points or of the Comicbrush Store.
    e. Cancelling Points.
    If the Comicbrush Store is to be closed then we will endeavour to give you a 60 day notice period during which You can use up all remaining Points, after which your Points will be lost and you will no longer be able to use Assets previously selected.
    f. Expiry of Points.
    Points must be used within 12 months of the date of the last purchase of Points and will expire automatically after that period has elapsed. Expired Points cannot be used or reinstated later.
    g. Changing the Comicbrush Store.
    The " Comicbrush Store" comprises the online system for acquiring and using Points and selecting and using Assets as hosted and operated by Us. It can be modified, suspended or cancelled by Us at any time.

  2. Assets

    This section describes Assets, and how they can be used.

    a. What are Assets?
    "Assets" are the images of backgrounds, characters and props made available for use via the Comicbrush Store.
    b Selecting and Using Assets.
    You may select Assets for use in exchange for Points at the rate of exchange determined by Clickwheel from time to time. These Assets will remain on our servers and cannot be downloaded. Once Points have been used to select an Asset, these Points cannot be used again. Unless we delete an Asset, each Asset may be used more than once, provided that Your Account has not been suspended or closed. If Your Account is suspended or closed You may not use any Assets.
    c. Our right to change or withdraw or delete Assets.
    Clickwheel and its licensors can change the Assets available via the Comicbrush Store at any time, including by adding to Assets, editing Assets, or withdrawing or deleting Assets from the Comicbrush Store. Clickwheel may change or delete Assets which have already been selected by a Customer.
    d. Our right to change prices.
    The number of Points required for any particular Asset may be changed at any time.
    e. Your right to use Assets in Comics.
    You are hereby granted a personal, non exclusive, non transferable licence to:
    • modify Assets and integrate Assets in non-commercial "Comics" (as defined below) created by You using the comic-creating technology on the Comicbrush site.
    • publish Comics (and permit others to issue copies of such Comics) to the public for non-commercial purposes only and solely in accordance with these Terms.
    We may terminate this licence on notice to You at any time if you breach any of these Terms. Upon such termination You will no longer be able to use any remaining Points or any of the Assets previously selected.
    The term "Comic" means an entertainment work in comic book format whose sole purpose is to entertain its readers without further modification. The term Comic expressly excludes any library, compilation or collection of graphics and / or other assets or works from which a particular graphic or other asset or work may be extracted to be used independently of the work in which it was first incorporated.
    f. Prohibition against use of Assets in Commercial Comics.
    You may not integrate any Asset within any work which is commercially exploited by any party (including, by way of example only, a Comic which is distributed in return for payment or any other benefit).
    g. Other restrictions on the use of Assets.
    You may not copy, distribute or resell Assets (or grant to others the right to use Assets): (i) as standalone products, or (ii) together with other assets or works in any way which allows the buyer / licensee to use the assets in other products; or (iii) in any product (including any Comic) whose content or exploitation is unlawful, or breaches any regulation or contract or property or other right of any third party.
    h. Ownership of rights in Assets.
    You do not “own” Assets. All intellectual property rights in and relating to Assets are the property of Clickwheel and / or its licensors and no such rights are transferred to You. No such rights are licensed to You except as expressly provided in the limited licence above.
    i. Copyright Notice.
    It is a condition of the licence above that You shall ensure that any Comic which includes any Asset shall display the following notice in a prominent place easily accessible by the end user of the Comic (such as the credits section) and on any packaging for the Comic if distributed on or in any physical media:
    Some or all of the assets used in this comic are © Clickwheel Limited and/or its licensors. All Rights Reserved. Visit www.comicbrush.com for more information.
    j. Additional Terms relating to Comics.
    You must at all times ensure that each Comic, and the publication and use of each Comic:
    • does not breach these Terms;
    • complies with all of the rules published on the Clickwheel site from time to time (including without limitation any forum rules); and
    • does not breach criminal or civil laws in any country (including without limitation laws of defamation and intellectual property laws).

  3. Your Account

    This section sets out the terms relating to the management and closure of Points accounts.

    a. Refusing and closing Points accounts.
    We may refuse any application for an account, or close any account at any time, at Our discretion. Assets cannot be selected or used without an account. In addition, accounts will normally be closed:
    • if we terminate the Points system described above;
    • if there are no unused Points in the account, and any other enabled feature of such account (such as a forum password) is not used for a period exceeding twelve months;
    • if any fraudulent or questionable transactions have been made (or are alleged to have been made) via the account; or
    • if any payment apparently received from the account holder has been reversed by or refunded to the payment provider.
    b. Provision of Information.
    You shall ensure that all information provided to Us is complete and accurate at all times. You shall provide Us with all information relating to You, or relating to Your use of assets, which We may reasonably require upon request. We may share such information with any third party if such third party believes that You have breached the terms of this Contract or have infringed the intellectual property rights or other rights of that third party.
    c. Account Passwords.
    You shall keep all of Your Points account details (including passwords) confidential and not disclose them to any third party. You must notify Us as soon as You suspect that the account or password has been compromised. If We suspect that an account or password has been compromised We may (but We shall not be required to) change the password or suspend access to the relevant account.
    d. Loss of Password.
    If a password is lost, and provided that We are satisfied with the identify of the account holder, We may (but We are not required to) provide a new password. In any event You must use any new password provided by Us.
    e. Personal nature of accounts; responsibility for account usage and prohibition against transferring accounts.
    Your account is personal to You and You cannot transfer it to any other third party or allow any other third party to use it. You are solely responsible for all uses made of your account by any third party. Accordingly, if any Points are used by a third party with the correct password and account details then We may treat this as use made by You.
    f. Suspension.
    We may suspend any account indefinitely at any time, including if it appears that security has been compromised.
    g. Notifying Us of problems.
    If You identify any problem or potential problem with the use or operation of Your points account (for instance, if You think that You have not been credited properly after making payment) then You must notify Us within 21 days of the occurrence of the alleged mistake. Upon receipt of notification within such time period We may investigate the issue. However, We shall not be required to do so, or to resolve the matter within any particular period of time.
    h. Records.
    You shall be solely responsible for keeping full and complete records of Your Points account (including all uses of Points). We may provide confirmation of Points usage in electronic format (for instance by email) but We will not be required to provide:
    • account balances
    • statements of accounts or payment / purchase histories
    • replacement receipts or paper receipts.

  4. Liability

    This section describes how we limit our liability under the Contract and how we do not make any promise or guarantee about Points or Assets.

    a. No promise about Points or Assets.
    All Assets are provided "As Is" without any warranty, guarantee or promise. Accordingly, we do not represent, warrant, guarantee or promise (and we expressly exclude any such representation, warranty, guarantee or promise) that:
    • the Points service or any Asset will be available at any or all times, will function as described, or will be error free; or
    • Assets (or their use) do not infringe the intellectual property rights or other rights of any third party; or
    • the use of Assets will not breach local laws or regulations in any particular part of the world.
    Except as otherwise stated by Us in writing, the Assets are not endorsed by any third party and do not form part of the official merchandising of any third party.
    b. Our liability is limited.
    Except as further provided in this clause: (a) We shall not be liable to You or any other third party for any direct economic loss (including loss of profits), or for any consequential or indirect loss howsoever caused; and (b) Our maximum liability arising under or in connection with this Contract or otherwise in connection with the use of Points, Assets or the Comicbrush Store shall be limited to £10. However, Nothing in these Terms shall limit Our liability for death or personal injury or any misrepresentations made fraudulently.
    c. Responsibility for suitability.
    You are solely responsible for ensuring that any Assets you select or use are suitable for Your Comic and also suitable for use in the territory in which Your Comic will be distributed. You are solely responsible for ensuring that any Comic You create is lawful and does not breach any criminal or civil laws (including any intellectual property rights) in any part of the world.

  5. Our right to publish Comics

    This section describes our rights to publish Comics You create.

    a. Publishing licence.
    You hereby grant to Us a perpetual, royalty free, world wide, non exclusive right and licence to store, copy, distribute, use, modify, publish, publicly display and download, in any manner, all Comics created by You. This licence includes, but is not limited to, the right to publish Comics in the Comicbrush site community galleries. However, We will use our reasonable endeavours to ensure that any Comics which You specify are private cannot be accessed by the general public. We can sublicense any or all of the rights granted to Us.
    b. Your representations and warranties and covenants relating to Comics.
    You hereby represent, warrant and covenant that: (i) you own or have properly licensed all intellectual property rights in each Comic you create and have the right to grant to Us the licences in relation to each Comic set out in this Contract; and (ii) the exercise of any right granted to Us, including without limitation the publishing of any Comic, will not breach the intellectual property rights or other rights of any person or constitute a criminal offence or violate any applicable law.

  6. Miscellaneous

    This section addresses other important issues not covered above.

    a. Entire Agreement.
    The Terms supersede all prior agreements and undertakings (whether oral or written) between Us and You and (together with any other rules or terms created by Us and which are expressly referred to in these Terms) constitute the entire agreement between Us and You relating to the subject matter of these Terms. You acknowledge that you have entered into this Contract in reliance only on the representations, warranties and promises expressly contained in these Terms. Save as expressly set out in this Contract, We disclaim any further representations (save fraudulent misrepresentations), warranties, conditions or other terms, express or implied.
    b. Terminating this Contract.
    Without limiting Our rights set out above We may terminate this Contract on notice to You if You breach any Term or if, acting in good faith, We believe that You have breached any Term.
    c. Backing up Comics and uploaded art and photos.
    You are solely responsible for storing and backing up all Comics You create, and all photographs, art or other works You upload to the Comicbrush site. We may delete any Comics, photographs, art or other works held on servers in our control at any time without any notice.
    d. Compliance with Comicbrush Store rules.
    You shall abide by any rules or instructions We publish in relation to the Comicbrush Store (including without limitation instructions on how to pay for Points and use assets). You shall not "hack" or circumvent the Points system or any other part of the Comicbrush Store or attempt to do so.
    e. Jurisdiction.
    These Terms are subject to English law and You and We irrevocably submit to the exclusive jurisdiction of the English courts. No Term is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party who is not a party to this Contract. However, nothing in these terms shall affect your statutory rights.
    f. Notification.
    We may notify all Customers of any matter concerning the Terms by email or by posting such notice on the Comicbrush Store site. Notice shall be deemed received on the day following the date of despatch of the email to any email address specified by You, or twenty days after posting on the Comicbrush Store site, whichever is the earlier.
    g. Changing the Terms.
    We may change these Terms from time to time. All such changes shall take effect when published on the Comicbrush Store site. Changes shall not affect Your rights to use Assets You selected prior to such change, or Your rights to use Points You acquired prior to such change.
    h. Severability.
    If any provision of this Contract is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Contract. However, the validity and enforceability of the remainder of this Contract shall not be affected.
    i. Waiver
    No failure on Our part to exercise or to enforce any right given to Us by this Contract or at law or any custom or practice of Ours at variance with the terms of this Contract shall constitute a waiver of Our rights under this Contract or operate so as to prevent the exercise or enforcement of any such right at any time.
    j. No assignment.
    You shall not assign or transfer or sub-license any of Your rights under this Contract. We may assign the benefit of this Contract to any third party.