Backlit Comics Terms and Conditions
Effective Date: March 27, 2023
This page contains the terms and conditions (“Terms and Conditions”) that govern your use of the website www.backlitcomics.com to publish and sell or shop and read comic books (the “Backlit Services”).
You are required to read, understand, and abide by these Terms and Conditions at all times as a condition of your use of the Backlit Services. By creating an account and using the Backlit Services, you consent to these Terms and Conditions. If you do not consent, your only option will be to refrain from using the Backlit Services.
About the Backlit Services
The Backlit Services are provided by Backlit Entertainment Technologies LLC, with business address at 8 The Green, Suite A, Dover, Delaware, United States (US) 19901 (herein as “Backlit Comics,” “we,” “us,” or “our”).
The Backlit Services refers to any feature, service, resources, or actions you are able to perform on this website as a publisher or shopper. Backlit Comics serves as a marketplace where independent digital comic book writers advertise, publish, and sell their series and interested sellers read or purchase them.
Although Backlit Comics also advertises its own series on the website, we primarily provide an avenue for publishers of digital comic books to sell them to shoppers to comic book lovers. When you read any comic books published by another user, you understand that we only serve as their sales agent. We are not responsible for the accuracy, suitability, or quality of the content of such books. We are not responsible for any inaccurate, misleading, objectionable, unintended, or unlawful content in such books.
Your use of the Backlit Services
Eligible persons: In order to publish or read a comic book on the Backlit Services, we require you to be at least 13 years of age (or you get supervised by at least a parent or legal guardian if you are below 13 years of age). You also must be able to form a legally binding agreement such as these Terms and Conditions. This allows us to comply with applicable laws.
Account and registration: To publish a comic book or read on the website, you are required to create a general and/or publisher account and submit identifying information. You understand that you are required to submit accurate information and that you should update any inaccurate information as required. You understand that we only allow one general account and publisher account per user. You have the right to request the deletion of your account at any time by using the “Delete Account” section of your profile.
If you create a publisher account on behalf of an entity, you warrant that you have the authorization to act on the entity’s behalf and bind it to these Terms and Conditions.
Privacy policy: Your use of the Backlit Services requires that we collect certain personal information about you. The information we collect, how we collect it, our safeguards, your rights and choices, and other disclosures about our privacy practices are described in our Privacy Policy. By submitting personal information on the website, you consent to how we use your information.
Publisher content and license
Content meaning: “Content” under this section refers to any digital comic book submitted by publishers on the website, including associated drawings, images, characters, and storyline.
Grant of rights: Any content you upload on the website remains your property. Backlit Comics does not claim any ownership of any content. However, by submitting content on the website, you grant us a non-exclusive, worldwide, sublicensable right and license to digitally host, display, transmit, publish, store, distribute, translate, reformat, convert, and make the content available publicly on the website, and use it with respect to the Backlit Services, including in connection with promoting, marketing, and advertising the Backlit Services on any channel, website, platform, or social media (known now or later developed). You also agree that the license you grant us hereunder can be sublicensed to other users to the extent it does not infringe on your copyright. You have the right to withdraw the license at any time by deleting the content on the website.
Disclaimer: We do not represent that we screen, review, or monitor content submitted by publishers for violations of these Terms and Conditions; therefore, we do not warrant or endorse any content. To the fullest extent permitted by law, users release us from any issues, liabilities, and claims from their reliance on any content on the website.
Prohibited content: On the other hand, we want the website to be a safe space for everyone, and we are committed to making it so. That we may not screen any content does not imply that we don’t have the right and can’t do so. We reserve all the right to screen, review, and monitor each content for violations of these Terms and Conditions or any other ethical standard before we allow them on the website. To be clear, we do not, in any way, allow contents that infringe on third parties’ copyrights or contents that contain sexually explicit materials. If you must post third-party content on the website, be sure that you have obtained written permission from such third parties. We may take actions against you, such as suspending, limiting, or terminating your account – or removing your content – for repeatedly infringing on another person’s copyright or violating these Terms and Conditions.
Your warranties: With respect to your content, you warrant that (i) you have the right to grant the license granted under these Terms and Conditions; (ii) no element in your content infringes on any third party’s intellectual property rights, including copyright, trademarks, privacy rights, moral rights, publicity rights, and common law rights; (iii) the content goes by the required format as described on the publishing page; and (iv) you will not attempt to exploit the Backlit Services.
Indemnity: To the maximum extent applicable law permits, you agree to indemnify, defend, and hold Backlit Comics and affiliates harmless from and against any claims, damages, losses, liability, actions, expenses, and costs (including reasonable attorney’s fees) that arise from your breach of the warranties with respect to your content.
Reporting infringing content
We respect and protect the rights and property of others as we will do ours. As we do not allow contents that infringe on third-party rights from publishers, we take steps to remove infringing content from our website if the owner legally requests that we do. If you are a user or a third party whose content appears on the website as part of a publisher’s listing without your permission or license, you can follow the procedures described in our Copyright Policy to have it taken down.
Backlit Comics IP rights
Aside from publisher contents, the content on the website, including but not limited to the Backlit Comics series, characters, story, articles, texts, images, graphics, photographs, images, audio, videos, design, look and feel, source codes, logos, artwork, and other property, as well as any software, databases, domain name, trademarks, trade dress, and trade name, are Backlit Comics property and those of our licensors. They are licensed to us and are subject to copyright and other intellectual property rights in the United States and other locations.
Subject to your eligibility to use the Backlit Services and your compliance with these Terms and Conditions, Backlit Comics grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use any content you have proper access to, including downloading any portion, for your personal, non-commercial use.
The license we grant you herein does not, however, include you (i) modifying or reselling any content, especially our series; (ii) copying of any of our story, drawings, description, phrases, pricing, and other marketing content; or (iii) using our trademarks with any other product that may cause confusion without our written permission. We reserve all the rights not granted to you under these Terms and Conditions.
Purchases
If you purchase a book on the website or it’s available to you freely, you agree that the license granted to you does not permit you to resell, sublicense, or otherwise use it for commercial purposes. You are only meant to read the content on the website or download it for use personally.
The listing price of each content is attached on the content and checkout page. You must review all applicable fees before placing your order. You agree that due to the digital nature of the content, ALL SALES ARE FINAL AND WITHOUT REFUNDS. Unless stated otherwise, all prices are in USD, and they are exclusive of any applicable payment method charges and taxes. Taxes are determined by the billing method you attach and are calculated on the checkout page.
To pay for your purchases, you are required to add a payment method – a credit/debit card – which will be handled by our payment provider, Stripe. By adding your payment method, you warrant that it is accurate and complete. You also warrant that your payment method contains enough to cover your order fees. You agree not to make a chargeback after paying for any content.
Acceptable Use Policy
We’ve already established that your use of the Backlit Service must be in accordance with these Terms and Conditions. You hereby agree that, when using the Backlit Services, you must:
Provide accurate information at all times – except where allowed lawfully otherwise; and
Comply with all applicable laws that apply, including anti-spam and copyright law.
On the other hand, you must NOT:
promote any unauthorized programs in your content, including pyramid schemes, Ponzi, or other fraudulent commercial endeavors;
directly or indirectly target, discriminate, abuse, disparage, or insult any race, group, religion, group, country, or culture with respect to your content.
launch any scripts, software, programs, robots, spiders, data miners, or any other codes to scrape or otherwise extract information on the website;
attempt to decipher, decompile, or reverse-engineer the networks or software that makes up the Backlit Services;
introduce any worms, viruses, trojan horses, codes, or other harmful programs that could disrupt the proper running of the website in your file or content;
submit or upload any file or program that could overburden the website or any connected portions; or
interfere or attempt to interfere with the proper running of the Backlit Services.
If you notice that any content or actions from a user go against this acceptable use policy or any ethical standard, you may report it to us at support@backlitcomics.com. We reserve the right to take actions we deem fit, including terminating the violator’s account, for violations of this acceptable use policy.
Royalties and payments
Provided that your content does not violate any portion of these Terms and Conditions, Backlit Comics shall pay you 70% of each sale made from your content (collectively “Royalties”). The Royalties to be paid will be the net amount of the list price after deducting any applicable payment processing fees, credit card chargebacks, and other applicable fees.
The Royalties shall be credited to your account immediately after each sale is made. You will be able to withdraw your Royalties upon making at least $25 in sales. You are required to attach a payout method (a credit/debit card) to your account to receive your Royalties. You are responsible for submitting accurate payment method information. Payment shall be made in United States Dollars (USD).
If we are required by any applicable law to deduct or withhold any taxes from your sales, the applicable taxes shall be your responsibility, and they shall be deducted automatically from your Royalties.
We reserve the right to review and change your Royalties percentage at any time.
Term, Termination, and Survival
These Terms and Conditions shall commence upon you accessing the website and creating an account, and they shall continue until you delete your account, or we terminate it for any reason.
You may request to terminate your account (including your publisher profile) at any time by using the “Delete Account” button under your account profile. Likewise, we may, at any time, and without prior notice, suspend, limit, or terminate your account and use of the Backlit Services, especially if you violate any paragraph, provision, or clause under these Terms and Conditions.
Upon terminating your account, the Backlit Services will cease to be provided to you, and if you have published content on the website, they will be deleted as well (but we may retain digital copies to satisfy shoppers who have purchased it before the termination date).
Once your account is terminated, these Terms and Conditions, by default also terminate. However, some of the clauses are by nature expected to remain in effect indefinitely. These include, without limitation, indemnity, Backlit Comics IP rights, your license, and limitation of liability.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ENTIRE BACKLIT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND – WHETHER EXPRESS OR IMPLIED – INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.
BACKLIT COMICS DOES NOT WARRANT THAT THE BACKLIT SERVICES WILL RUN UNINTERRUPTED OR WILL ALWAYS BE SECURE OR ERROR-FREE. WE DO NOT WARRANT OR ENDORSE ANY CONTENT (INCLUDING PUBLISHER CONTENT) OR WARRANT THAT THOSE CONTENT WILL BE SUITABLE OR WORTH YOUR WHILE.
WE DO NOT WARRANT THAT THE WEBSITE OR CONTENT WILL BE WITHOUT BUGS, WORMS, CODES, TROJAN HORSES, OR OTHER DEVICE-HARMING OR INFORMATION-SCRAPPING PROGRAMS.
NO INFORMATION, OPINION, OR STATEMENT MADE BY BACKLIT COMICS ON OR OFF THE WEBSITE SHALL CONSTITUTE ANY WARRANTY.
Liability limitation
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKLIT COMICS, ITS EMPLOYEES, LICENSORS, AGENTS, OR ANY AFFILIATED INDIVIDUAL OR ENTITY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PRIVACY, DATA, GOODWILL, OR PROFIT, THAT MAY ARISE AS A RESULT OF YOUR USE OF THE BACKLIT SERVICES, INCLUDING IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES BEFORE THEY OCCUR.
IF BACKLIT COMICS IS FOUND LIABLE FOR ANY CAUSE WHATSOEVER BY APPLICABLE LAW WITH RESPECT TO YOUR USE OF THE BACKLIT SERVICES, OUR MAXIMUM LIABILITY SHALL NOT EXCEED THE SUM OF $100 OR ANY MONIES YOU PAID TO US FOR USING THE BACKLIT SERVICES IN THE PAST THREE (3) MONTHS BEFORE THE CLAIMS (WHICHEVER IS GREATER).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THIS APPLIES TO YOU, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Indemnification
You hereby agree to indemnify, defend, and hold Backlit Comics, its employees, directors, agents, officers, licensors, and any affiliated individual or entity harmless from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), arising from or in connection with (i) your use of the Backlit Services; (ii) your violation of these Terms and Conditions or any applicable law; (iii) your violation of any third party intellectual property rights; or (iv) your download and purchase of any content on the website.
You hereby agree to cooperate with Backlit Comics in the defense of any claim, and Backlit Comics reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without Backlit Comic’s prior written consent.
Dispute resolution
For any disputes between you and Backlit Comics, you agree to try and resolve them with us informally for at least thirty (30) days. Please, reach out to us at support@backlitcomics.com if you have a claim, dispute, or disagreement. If we are unable to resolve it within 30 days, you have the right to legal action.
Governing law and jurisdiction
These Terms and the entire Backlit Services shall be governed by and construed in accordance with the laws of the State of Delaware, US, without regard to conflict of law and its provisions. With respect to any disputes not subject to binding arbitration (described below), you agree not to commence or prosecute any action other than in the State or Federal courts located in the State of Delaware. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such courts.
Binding arbitration
If you and Backlit Comics are unable to settle a dispute informally for at least 30 days, we may elect to have it settled by binding arbitration subject to the terms described herein (excluding the exceptions described below). Any election to arbitrate by either of us shall be binding on the other. The arbitration shall be commenced and conducted in line with the Commercial Arbitration Rules of the American Arbitration Application (”AAA”), and where appropriate, the AAA’s supplementary procedures for Consumer Related Disputes (“AAA Consumer Rules”). Both rules may be found on the AAA’s website at www.adr.org. The decision of a dispute being qualified for arbitration shall be determined using the Federal Arbitration Act in a court rather than by an arbitrator. Your arbitration fees and share of the arbitration compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted through the submission of documents, in person, by phone, or online by mutual agreement. The arbitrator shall pass judgment in writing but need not provide reasons unless either of us requests. If the arbitrator does not follow applicable laws, either of us may challenge the arbitrator. YOU UNDERSTAND THAT ABSENT THIS ARBITRATION PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration restrictions
You hereby agree that arbitration shall be limited to the dispute between you and Backlit Comics. To the fullest extent permitted by law: (i) no arbitration shall be joined with another; (ii) no dispute shall be arbitrated on a class-action basis or utilize class-action procedures; and (iii) no dispute shall be brought in a purported representative capacity on behalf of another person or the public.
Exceptions
You hereby agree that the disputes below shall not be subject to informal resolution or binding arbitration:
any dispute seeking to enforce or protect (or concerning the validity of) any party’s intellectual property rights;
any dispute relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
any claim from injunctive relief.
Additional terms
These Terms and Conditions govern the Backlit Services generally. However, certain events, such as promotions, sweepstakes, or services may contain additional terms and conditions. Any additional terms shall be an addition to these Terms and Conditions; however, if any portion of the additional terms conflict with these Terms and Conditions, the additional terms shall supersede. If you object to any additional terms, your only option will be to refrain from using the additional service.
Amendments
These Terms and Conditions are subject to review and amendment from time to time for any reason, including changes to the Backlit Services, the website, or any applicable law. If we amend these Terms and Conditions, the amended portion will immediately become effective, and it shall be posted on this page. We may notify you of changes to these Terms and Conditions via your email address, your account area, or any portion of the website. Nevertheless, you should frequently visit this page to keep yourself updated on any changes. By your continued use of the Backlit Services after any amendments, you consent to the amendments made.
Electronic communication
By using the Backlit Services, you agree to receive electronic notices from us, including via our agreements, policies, and disclosure via your email address and your account area. You agree that any notices we provide to you via the website and email address shall satisfy any legal requirements that such communications be in writing.
General Agreement
Entire agreement
These Terms and Conditions represent the entire agreement between you and Backlit Comics with respect to your use of the Backlit Services. These Terms and Conditions supersede any previous covenants, agreements, promises, and understanding between you and Backlit Comics – whether oral or in writing.
Severability
If any provision under these Terms and Conditions is found and determined to be invalid or unenforceable by any applicable law, such a provision shall be deemed severable from these Terms and Conditions, and it shall not affect the remaining valid and enforceable provisions.
No waiver
If you violate a provision of these Terms and Conditions and we delay or fail to enforce our right or take an action, it shall not prevent us from enforcing our rights later or on similar violations. No waiver under these Terms and Conditions is valid except where it is in writing.
Force majeure
We shall not be held liable for any loss you may incur if for any reason we are unable to make any portion of the Backlit Services available at a point in time due to circumstances beyond our reasonable control.
Assignment
You may not assign, transfer, or license your rights or account under these Terms and Conditions to any third party without written approval from us to that effect. We, on the other hand, may assign our duties to third parties.
Contact Us
If you have any questions, concerns, claims, inquiries, feedback, review, or reports regarding these Terms and Conditions or the Backlit Services, please Contact Us or get in touch with us via our email address at support@backlitcomics.com.