Introduction

Welcome to Comic-BEE. This website is owned and operated by Secure Decisions, a division of Applied Visions, Inc. (hereafter the use of ‘Comic-BEE’ refers to the ownership of Comic-BEE by Secure Decisions, a division of Applied Visions, Inc.) By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’ or ‘Terms of Service’).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Definitions:

Comic-BEE Content: Assets provided by the Comic-BEE application, including, but not limited to, templates and graphics.

User Content: Anything the user imports into to Comic-BEE or creates in Comic-BEE.

Comic-BEE Resources: Includes, but is not limited to, the websites, the services, tools provided, and Comic-BEE content.

Comic-BEE Content and Tools

  1. Comic-BEE grants you a non-exclusive, revocable license to use the Comic-BEE Resources. These Terms of Service will also govern any upgrades that replace and/or supplement the Comic-BEE Resources, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Comic-BEE grants such license to users subject always to the following restrictions:
    • the Comic-BEE Resources may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce
    • except as and only to the extent expressly permitted in these Terms of Service or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Comic-BEE Resources or any part thereof and
    • subject to the terms and conditions set out in these Terms of Service and our Acceptable Use Policy.
  2. The Comic-BEE Resources contain Comic-BEE Content and/or its licensors. Comic-BEE Content is protected by copyright, trademark, patent, trade secret, and other laws, and Comic-BEE and/or its licensors owns and retains all rights in the Comic-BEE Content and the Comic-BEE Resources.
  3. Comic-BEE hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:
    • reproduce and display the Comic-BEE Content (excluding any software code) solely for your individual use in connection with accessing and viewing the Comic-BEE Resources; and
    • reproduce and use the Comic-BEE Content (excluding any software) solely to the extent required in connection with your use of your own User Content subject to the following conditions:
      • such use of the Comic-BEE Content must be in connection with a composition of images, texts or other Content created by you;
      • you will ensure that any use made of the Comic-BEE Content complies in full with the provisions of these Terms of Service and in particular that such use will not violate any applicable laws or infringe upon the intellectual property rights or any other rights of any person.
  1. Comic-BEE may terminate any license granted with immediate effect in the event that any use of the Comic-BEE Content does not comply with the provisions of these Terms of Service or otherwise at Comic-BEE’s reasonable discretion.

User Content

  1. Comic-BEE does NOT claim ANY ownership rights in the User Content that you upload to or create through the Comic-BEE Resources. You retain all ownership rights in User Content. You hereby grant to us a non-exclusive, fully paid, transferable, sublicensable, worldwide, royalty-free, perpetual license to display, store, and host works based upon that User Content and to distribute and make available to third parties such User Content for all purposes in connection with operating and providing the Comic-BEE Resources.
  2. You represent and warrant that: (i) you own the User Content, (ii) the uploading and use of the User Content on or through the Comic-BEE Resources or which may incorporate the Comic-BEE Content (in accordance with the terms hereof) does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading or your use of User Content on any of the Comic-BEE Resources does not result in a breach of contract between you and a third party.
  3. You agree to indemnify and hold Comic-BEE harmless from any claims, damages, losses, and expenses arising or connected to User Content, as well as your access and use of the Comic-BEE Resources. We reserve right to exclusively defend ourselves for any matter triggering your indemnification obligations. You may not settle any claim without our prior written consent.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service or our Acceptable Use Policy (https://staging.comic-bee.com/policy/aup).
  5. The Comic-BEE Resources may contain Content of users and other Comic-BEE licensors. Except as provided within these Terms of Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of other users or other Comic-BEE licensors appearing on or through the Comic-BEE Resources.
  6. You acknowledge that Comic-BEE performs technical functions necessary to offer the Comic-BEE Resources, including but not limited to transcoding and reformatting Content to allow its use throughout the Comic-BEE Resources.

Responsible Use and Conduct

By visiting our website and accessing the Comic-BEE Resources as defined above, either directly or indirectly, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, treat such information as confidential; do not disclose it to any third party. Accordingly, you are responsible for all activities that occur under your account(s).
  3. You may not assign or otherwise transfer your account to any other person or entity. You agree to notify Comic-BEE of any breach of security or unauthorized use of your account.
  4. Free trial accounts are not for academic or classroom use. Free trial accounts used in classrooms or other academic settings will be disabled.
  5. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  6. You are solely responsible for your conduct and any data, text, fonts, overlays, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials that you upload to, edit, transmit, and display using the Resources excluding the Comic-BEE Content (the “User Content“). Comic-BEE does not manage or have responsibility for the User Content.
  7. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  8. You must not crawl, scrape, or otherwise cache any Content from the Resources including but not limited to user profiles, photos, scripts, or graphics.
  9. You must not create or submit unwanted email or comments to any Comic-BEE members and/or users (“Spam”).
  10. You must not upload or transmit any worms or viruses or any code of a destructive nature.
  11. You must not violate any laws in your jurisdiction (including but not limited to copyright laws) in using the Resources.
  12. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  13. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  14. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  15. We reserve the right to force forfeiture of any account that in the reasonable opinion of Comic-BEE becomes inactive, violates trademark law or other applicable laws, or may mislead other users.
  16. You agree to indemnify and hold harmless Comic-BEE and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  17. You must comply with our Acceptable Use Policy (https://staging.comic-bee.com/policy/aup).

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  1. the use of our Resources will meet your needs or requirements;
  2. the use of our Resources will be uninterrupted, timely, secure or free from errors;
  3. the information obtained by using our Resources will be accurate or reliable, and;
  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from Comic-BEE and its Resources or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Comic-BEE will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available through Resources, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Comic-BEE and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Comic-BEE.

Variations to the Resources and Terms of Service

  1. We reserve the right to modify the Comic-BEE Resources for any reason, without notice, at any time.
  2. Any changes to this Terms of Service will be posted on the websites. Your continued use of any portion of the websites or any Comic-BEE Resources following notification or posting of such changes will constitute your acceptance of those changes. If you do not agree to be bound by the changes, then you may not use the Comic-BEE Resources.

Resource Availability

Although the Comic-BEE Resources are normally available, there will be occasions when they will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Comic-BEE.

Feedback

We appreciate your suggestions, comments, and feedback about the Comic-BEE Resources, or Comic-BEE’s other products or services (“Feedback”). Any Feedback you provide is voluntary, and Comic-BEE has no obligation to use any Feedback. You irrevocably and perpetually grant to Comic-BEE a worldwide, non-exclusive, fully paid, royalty-free, transferable, sublicensable right and license to make, use, reproduce, prepare derivative works based upon, distribute, publicly perform, publicly display, transmit, and otherwise commercialize the Feedback, without crediting any such Feedback to its author in any way and for any purpose.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any content, or account information.

Governing Law

This website is controlled by Comic-BEE from our offices located in the state of New York, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, by accessing our website, you agree that the statutes and laws of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, New York. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, COMIC-BEE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Comic-BEE
6 Bayview Avenue
Northport, New York 11768
United States