Last Update: August 15, 2019
These Terms of Service (“Terms”)
Thank you for choosing Graphite (“We”, “Our”, “Us”, “Graphite”, or “Graphite Comics”).
Graphite may amend these Terms at any time in its discretion. Such amendments shall be effective immediately upon posting of the amended Terms found at [URL]. By continuing to access or use the Services after those amendments become effective, you agree to be bound by the amended Terms. If you do not agree to the amended Terms, Graphite may not be able to provide updates, upgrades, or enhancements to your Service, and you may not be able to continue using it.
2 Age Policy
Graphite does not knowingly solicit or collect information from children under the age of thirteen (13). You must be at least thirteen (13) years old to use the Service and are therefore not permitted to have an account or upload Content of any type to Graphite. By submitting Content to Graphite, you thereby confirm that you are thirteen (13) years old or older.
If you are under eighteen (18) years old, you may only use this Service with the approval of your parents or guardian.
3 Permitted Use and Restrictions
You are solely responsible for ensuring system compatibility between your device and the Mobile App. Copying or redistribution of any content accessed through the Mobile App is strictly prohibited. You may not use the Mobile App to access any content outside of the country or location authorized by Graphite or the third party who provided such content. Except as expressly provided herein, you do not acquire any rights in or to the Mobile App or the content, nor do you acquire any rights in any confidential information or trade-secrets. All rights not expressly granted to you herein are reserved by Graphite or its applicable licensors. You may not remove, obscure, or alter any trademark, logo, copyright or other proprietary notice from any content or the Mobile App.
4 Graphite Content and Availability
You only have access to content that has been authorized for the country with respect to which you have established your Graphite account, and such content will vary by geographic location or country. Some of the content providers use technologies to verify your geographic location, and you may not be able to access any content outside of the country or location authorized by Graphite or such content providers. You understand that the display quality of the content being streamed by your device may vary from device to device, and may be affected by many factors, including your Internet speed and your location. From time to time, Graphite may temporarily suspend your account access or our service for maintenance and repair. Access to the Mobile App and content requires Internet connectivity. Depending on your contract with your Internet provider, you may incur additional data charges from your provider when you access the Graphite Services on your Mobile App.
Graphite may add or remove content and/or content providers from time to time without notice to you. Content providers may also add or remove content from time to time without notice to you or Graphite. Graphite reserves the right to remove or restrict, from your device, access to any and all content if Graphite has reason to believe that the device linked to your Graphite account is stolen, hacked or compromised, or that the content is not properly authorized or licensed, violates any law, or has been offered by a content provider in violation of any agreement between the content provider and Graphite. Graphite may also terminate, suspend or place any account on hold in order to protect itself and its partners from what it believes to be fraudulent or illegal activity. You are responsible for ensuring that any age-restricted content is not viewed by any person not meeting the applicable age limits, as specified by law, regulation or the content provider.
5 Your Content and Conduct
As a registered Graphite user you may post, upload, or otherwise submit content to the Service (which may include, for example, comics, images, animated gifs, text, graphics, music, videos, interactive features, links, descriptions and compilations, user comments and/or other types of content) (“User Content”).
You hereby affirm, represent, and warrant, with respect to any User content you post on Graphite that you (1) own or have the necessary licenses, rights, consents, and permissions to post such User content, and (2) such User Content does not violate any Agreements or any other rights set forth within the User guidelines, applicable law, copyright, trademark or other proprietary right of any other person or entity.
You also agree that all Content you post to Graphite will abide to the Graphite Content and Community Guidelines currently found at https://insider.graphitecomics.com/content_and_community_guidelines/
Graphite Comics may, but has no obligation to, monitor, review, or edit User Content. Graphite reserves the right to remove or disable access to any User Content for any or no reason, including User content that, in Graphite’s sole discretion, violates the Terms. Graphite Comics may take these actions without prior notification to you or any third party.
You grant Graphite Comics a non-exclusive, royalty-free, worldwide license to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our Services, through digital sharing methods and other digital means currently existing or not yet invented. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. You retain the right to remove User Content from Graphite Comics as further described in Section 12.
Through posting User Content you also agree that Graphite Comics reserves the right to deliver and display advertising and promotional messages on all areas of its platforms where User Content appears.
You will be eligible for the Revenue Program when your total monthly global page views meets or exceeds 15,000.
You must have an active PayPal Account in order to receive payment. There may be PayPal transfer fees associated in certain countries determined by PayPal, not by us. You hereby agree to seventy percent of revenue (70%) for our Revenue Program.
All government taxes associated with your income resulting from all payments shall be your sole responsibility. If your income from our service exceeds $600, you will receive W-9 (U.S. residents) W-8BEN (international residents).
Payment will be processed when your revenue is greater than or equal to $100.00 (“Minimum Balance”). If the amount of the payment is less than the Minimum Balance, then the payment will be held until the Minimum Balance is reached. It will take 3-5 business days to transfer the payment amount to your PayPal Account. Graphite Comics is not responsible for any error with your PayPal account or information.
7 Mobile App Updates
9 Establishing a Graphite Subscription Account (Optional)
You agree that all Personal Financial Information or other information you provide to us will be (i) accurate, current, and complete; (ii) promptly updated when there is a change; and (iii) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate any Graphite Account you establish and/or to refuse any or all current or future use of the Graphite Account or any devices linked thereto.
Do not reveal your Graphite Account information to anyone, including your Personal Financial Information. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Graphite Account, login ID and password, and for all activities that occur on or through your Graphite Account. You agree to immediately notify Graphite of any unauthorized use of your Graphite Account, or any other security breach involving your Graphite Account. You agree that Graphite will not be responsible for any losses arising out of any unauthorized use of your Graphite Account.
10 Fees and Charges
Your purchases may be subject to sales tax. The amount of tax charged on your purchase will depend upon many factors, including the item purchased and the applicable tax rate in effect at the time of your purchase.
Subscription Renewals and Cancellations. All subscriptions will automatically renew until cancelled by you. If a subscription is cancelled mid-way through a subscription period, the subscription will end at the end of the subscription period. You will continue to receive the subscription services until the end of the subscription period, and fees for the remainder of the subscription period will not be refunded.
You agree to pay all charges that may be incurred by you or on your behalf through the Graphite Account, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transactions.
11 Advertising and Promotional Messages
Graphite and content providers may deliver and display advertising and promotional messages to you via the Service, and to include such advertising and promotional messages in or with any user interface, notice, or content that is displayed on your device. Any interaction, transaction or agreement you have with third parties as a result of the advertising and promotional messages displayed to you are entirely between you and such third parties. Graphite is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
You have the right to opt out of the Services at anytime by removing your User Content or by sending a written notification via the contact form located here.
Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to Graphite Comics, the program or any other users (in each case as determined by Graphite Comics’ sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
Graphite Comics will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Graphite Comics reserves the right to decide whether User Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Graphite Comics may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or User Content, and Graphite Comics reserves the right to immediately revoke your access to the Service. Graphite Comics’ failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Graphite Comics’ rights or remedies.
13 Copyright Violations
Process for Reporting Copyright Infringement
If you believe any User Content violates your copyright or if you are the legal representative of the copyright holder, you may send a takedown notice to email@example.com with the following information.
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- The specific URL of the infringing content on Graphite Comics;
- Information of the copyright holder or legal representative sufficient to permit the service provider to contact you such as address, phone number, or e-mail address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in this notification is accurate, and under penalty of perjury, you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a takedown notice, we will immediately take down the content at issue and notify the user. If we do not receive a response from the user within 14 days, the content will remain blocked.
If you believe that your content that was removed is not infringing, or if you have authorization from the copyright holder, the copyright owner’s agent, or pursuant to law, you may send a counter-notice to our firstname.lastname@example.org with the following information.
- Your physical or electronic signature;
- Identification of the removed content and the specific URL of the content on Graphite Comics;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, address, phone number, and e-mail address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
When a valid counter-notice is received, we may forward the notice to the notifying party who submitted the original copyright infringement notification. The original notifying party will then have 10 days to file legal action relating to the allegedly infringing material. Unless notice of legal action is received, the removed content may be replaced in 10 business days or more at Graphite Comics’ sole discretion.
14 DISCLAIMERS; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE SERVICES PROVIDED TO YOU ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GRAPHITE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAPHITE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICES WILL BE: (I) SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
(B) IN NO EVENT SHALL GRAPHITE, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE SERVICES OR YOUR USE THEREOF; AND
15 Choice of Law and Mandatory Arbitration
15.1 Arbitration Agreement
15.1.1 You and Graphite agree to be bound by the procedures set forth below to resolve any and all claims arising out of or relating to your use of the Service and any aspect of this binding arbitration agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Each such claim is referred to individually as “Claim” and collectively as “Claims”; and
15.1.2 You and Graphite agree that, except for the claims identified in paragraph 4, any and all Claims shall be finally settled by binding arbitration. The arbitration shall take place in Santa Clara County, California and shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules, including (if applicable) the AAA’s Supplementary Procedures for Consumer-Related Disputes. Please be aware there is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than the rules applicable in court, and review of the arbitrator’s decision by a court is limited. You and Graphite further agree that each of you may bring Claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one person’s claim and may not preside over any consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only on an individual basis and may not award any form of consolidated, representative or class-wide relief. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Graphite are entitled to arbitrate the Claims. This arbitration provision is subject to the Federal Arbitration Act. The arbitrator’s award shall be binding on you and Graphite and may be entered in any court of competent jurisdiction.
126.96.36.199 Information on AAA and how arbitration is initiated can be found at www.adr.org. Each party shall bear its own costs and expenses and arbitrator and administration fees shall be spilt equally, however the prevailing party shall be entitled to attorneys’ fees.
188.8.131.52 This agreement to arbitrate does not apply to any Claim (a) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (b) that may be brought in small-claims court.
184.108.40.206 If the agreement to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a given Claim, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court of competent jurisdiction in the Northern District of California or in a state court in Santa Clara County, California. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
220.127.116.11 30-Day Right to Opt Out: You have the right to opt out of this agreement to arbitrate by sending a written notice of your decision to opt out to the following address: Legal, Graphite Comics, Inc., 1434 6th Street Suite 6, Santa Monica CA 90401, USA; provided that, (a) with respect to Claims related to Graphite’s websites, such notice must be postmarked on or before the 30th day after the date you first visited Graphite’s websites, and (b) with respect to Claims related to the Graphite Mobile App, such notice must be postmarked on or before the 30th day after the date you downloaded such app. Your notice should include your full name, your current postal address, telephone number and email address. If you timely send a notice in compliance with this paragraph 6, the agreement to arbitrate will not apply to either you or Graphite. If you do not timely send this notice, then you agree to be bound by this agreement to arbitrate.
18.104.22.168 Notwithstanding any provision in this binding arbitration agreement to the contrary, you agree that, if Graphite seeks to delete or materially modify the agreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim of which you have notified Graphite prior to such modification.
These terms are an agreement between you and Graphite Comics, Inc., 1434 6th Street Suite 6, Santa Monica 90401. For questions about the Service or these Terms of Service please Contact Us.