Terms and Conditions Regarding the Use of Comicartfans.com

UPDATED 10/1/2020 - ALL YELLOW HIGHLIGHTED ITEMS SHOULD BE REVIEWED

ATTENTION FAN ARTISTS. ComicArtFans.com is not a site for amateur or "fan" artists. If you are not a professional/published comic book artist you very well could fall into this category. CAF is first and foremost a site for comic art collectors to share their collections. Artists can also use CAF to show off their personal collections and artwork examples if they have art for sale or are looking for commissions and so on. If you're in doubt, please do not register for our website. You are more than welcome to use the contact form and can send us a link to your personal website to review your work. Deviant Art is a more appropriate website to post your work to if you consider yourself a fan artist.

As this site continues to grow, we at comicartfans.com are striving to preserve the integrity of the site for the use of its members and frequent site visitors. What follows is a list of Terms and Conditions which, if followed, will help keep the Comicartfans.com web site on track for the years ahead. Please review each item below very carefully before you Agree or Disagree with these Terms and Conditions. If you decide to Agree with it, please be a good steward to the site and follow these guidelines and let us know when you feel our site is being misused.

A volunteer Board of Moderators established in September 2020 will assist in the moderation of CAF and strive to see that the site's Terms & Conditions for use as outlined below is followed.

Comicartfans.com reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our home web page. If you have any questions or concerns regarding this outline before making a decision, please contact us.

1. Age Limit -- This web site is primarily intended for the use and enjoyment of persons who are at least 18 years old. This web site does not market to or contain information specifically intended for children less than 13 years old. Persons below 18 years of age may visit the unrestricted area of the web site, but are not authorized to register for a user name for this site.
   
   
2. Artwork posted to the site should be Comic Book/Strip/Illustration related - Although many comic art collectors also collect other artwork from many genres, we request that the artwork posted to this site be restricted to the genre of comic books, strips and illustrations. Illustrations is be a broad term that includes spot illustrations for magazines, gaming related artwork, or other commissioned or work-for-hire related work that an illustrator might create. Comicartfans.com reserves the right to remove artwork that doesn't match these criteria. A warning, alert, or announcement may be issued to the Gallery Owner, though this may not be always possible.
   
   
3. You Must Own - or be the Creator of - the Artwork You Post to a Gallery Room. - As a Gallery Owner, you can only post the images of a piece of artwork in your possession. The only exception to this rule is if you are the Original Creator of the artwork and are displaying this artwork as a reference to past work you have done. Gallery Owners should not post scans of artwork that they wish to own, or appreciate.
   
   With this in mind, we also feel you should adhere to these best practices when managing your Gallery Rooms, and use the following guidelines to deem what is suitable for posting to CAF:
   
   
   1. Gallery Owners should exercise responsible Gallery maintenance and remove items from their Gallery when they no longer possess a piece of art.
   2. Artists who are Gallery Owners and are posting personal work as a reference to their past work should note in their description that the piece is no longer available for sale. Artists who are gallery owners, premium or otherwise, may post no more than 150 examples of prior work that they have done that is no longer available for sale. This includes Commission Examples and similar. We encourage Artists to link to their personal websites where more artwork references can be shown. Artists can request being exempt from this rule and each request will be reviewed on a case by case basis to determine if an exemption is warranted.
   3. Artists using the site who are more fan artists than published professional artists can have their Galleries removed at any time. The site was never intended to be a site for amateur artists wishing to gain exposure for their work. Sites such as deviant art, behance, and similar, are much more appropriate sites.
   4. Sellers may no longer post artwork to their CAF Gallery or CAF Classifieds to promote off-site sales on eBay. A Collector or Artist who wishes to promote their eBay sales already have a built in mechanism on the site to promote eBay sales from the Your Account & Collection menu. CAF Gallery Owners found skirting this rule in any way will have their artwork removed without warning. Sellers found skirting this rule with any frequency could have their entire account removed without warning as well.
   5. CAF Gallery Owners, whether they be Collectors or Artists, found recycling old artwork posts to repost something as "NEW" for the sake of having an artwork appear as "NEW on CAF" will be reprimanded and could find their entire Gallery deactivated or deleted without warning.
   6. Copyright infringement claims must follow the Comicartfans.com Copyright Notice and Infringement Claims Process. Upon receiving a notice of copyright infringement, Comicartfans is required by law to remove the allegedly infringing material or disable access to the material. As appropriate, copyright infringement will also result in the termination of the infringer's accounts and access. Material determined to be non-infringing will be restored to the web site. Comicartfans is not responsible for any damages or losses associated with the suspension of access or removal of allegedly infringing material as the result of an infringement claim. All subscribers must read and agree to follow the Copyright Notice and Infringements Claims Process.
      
      
4. All Artwork posted to the site should be "Original". Although many art collectors and hobbyists also collect and own limited prints and giclees, Comicartfans.com would appreciate that you refrain from posting scans of any type of print on this web site, unless it has a special illustration as part of the signature, etc. Comics with sketch covers, etc., are also permissible. Sometimes a collector will post a scan of the final print/published version when they actually own the original artwork or they will use the Published scan as a comparative image to actual artwork. Posting of the published piece is only permissible when it is noted in the description why the printed image is being used in lieu or with, the original art (for example, the piece was too large to scan, etc.). Comicartfans.com reserves the right to remove art reproductions of this type from the site. A warning, alert, or announcement may be issued to the Gallery Owner, though this may not be always possible.
   
   
5. Posting Photographs - Photographs are allowed to be posted to a Comicartfans.com Gallery Room if they are related to comic art. We encourage all Gallery Owners to take digital pictures at Comic Conventions of Artists that they meet. You may not post photographs that you have not taken yourself. Comicartfans.com reserves the right to remove photographs from the web site that do not contribute to the comic art community. A warning, alert, or announcement may be issued to the Gallery Owner, though this may not be always possible.
   
   
6. Artwork Containing Nudity & Mature Content - Comicartfans.com is viewed by many types of people in varying situations - Individuals at work, or young children at home, for example. Because of this, a strict policy of restricting access to Gallery Rooms containing nudity must be enforced. If you are posting artwork with any kind of nudity we feel you should "Lock" your Gallery Room from view (click the 'Edit Room Description/Details' link when in the My Gallery editing area and check the Restricted box.). When a Gallery Room is "Restricted", another site visitor must log into their valid Comicartfans.com Account in order to view the artwork in that Room. Gallery Rooms containing tasteful nudity do not necessarily need to be locked down, but the Room MUST contain a "***Nudity Warning***" in the title. This policy should also be followed with Rooms that are locked.

   Artwork posted to a CAF Gallery, whether collected or drawn by the Gallery Owner, unpublished or commissioned, that is drawn with the sole intent to arouse or titillate the viewer should be put into a restricted Gallery Room so long as the artwork does not breach our Mature Content outline which is linked in the following paragraph. Artwork which contains trademarked characters drawn in situations that their trademark holder would not publish a drawing of them in, need to be placed in a restricted Gallery Room, or removed from the site as necessary.

   Images that contain pornographic or mature content are not permissible on Comicartfans.com. For a summary of what we consider "pornographic or mature content" please CLICK HERE (be aware, our summary is graphic to make the point very clear). Submissions which are judged to be in violation of these guidelines will be removed without prior warning. Users found submitting such content may have their account banned or suspended without warning. Also be aware that we prohibit providing any outside link to another website which provides access to the material described above.

   The term 'mature content' as used by CAF means that firstly and mainly the content may not be appropriate for all audiences. This means the item may include images of real or fictional people nude, often in provocative, lewd, or suggestive poses; when the purpose of the nudity is mainly to arouse or titilate, rather than the nudity being incidental or complimentary to the scene; Certainly any portrayal of any sex act; And, it could also include drawings that focus on excessive violence or gore, beyond what could be considered reasonable for the genre.

   "Art" is often subjective and sometimes what one person finds acceptable , another finds objectionable. Just like the movie rating system, we will ok 'G', 'PG-13', and some 'R' content. 'X' content or worse will be flagged. It's the 'R' content that will most likely be debated. The board of moderators desire to label and restrict the least amount of art, not the most. They do their best to refrain from personal bias and solely judge the pieces based on our criteria set forth here. That means that some work that has nudity will be deemed acceptable, and other works will not. This is an inexact science and CAF will always strive to side with the artist and the viewing public.

   When your artwork is posted to this site to share with other fans, Comicartfans.com becomes the final arbiter as to whether or not your work is in good taste or not. Comicartfans.com reserves the right to "Restrict" a Gallery Room when it seems appropriate, or delete a Room in its entirety when necessary. A warning, alert, or announcement may be issued to the Gallery Owner, though this may not be always possible.
   
   

7. Artworks created using AI - Comicartfans.com does not allow artwork to be posted the site that have been created in any way with generative AI. We reserve the right to remove any artworks from the site deemed having been created by AI at any part of the creation process.
   
   
8. Comicartfans.com is Not Responsible for Transactions Which Occur as a Result of Artwork Posted to the Web Site - Very often, Gallery Owners will have artwork for sale on the Comicartfans.com web site. When a Gallery Owner uses Comicartfans.com to market the artwork they have for sale - and sells a piece of artwork to another collector or site visitor - Comicartfans.com is not responsible in any way for a successful transaction to occur. If a Site Visitor uses the Comicartfans.com For Sale Search to locate and purchase a piece of art, Comicartfans.com is not responsible in any way for the transaction to be successful. Similarly, if a site user or visitor commissions an Artist as a result of seeing samples of the Artist's work on Comicartfans.com, this web site is not responsible for that Artist to deliver a quality product, or any product at all. Please do not ask Comicartfans.com to help you moderate a transaction or disagreement that might occur - we wont.
   
   
9. Disclaimer -- The Comicartfans.com site is provided on an "as is" basis without warranties of any kind, either express or implied, constructive, or statutory, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, or any other implied warranties arising out of course of performance, dealing and/or trade usage. Comicartfans.com does not guarantee or warrant continuous, uninterrupted or error-free access or usage, or that defects will be corrected, or that this web site or the server that makes it available are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not be applicable in full. This section will be allowable to the maximum extent allowed by applicable law.
   
   Comicartfans.com does not make any warranty, whether express or implied, or make any representations regarding any content, information, services, or products obtained or provided through or in conjunction with Comicartfans.com. Neither Comicartfans.com, third party information providers, or other content partners make any guarantee regarding the accuracy, correctness, timeliness, sequence, reliability, or completeness of any information or content provided by Comicartfans.com. Additionally, there are no warranties as to the results obtained from the use of the information. Any material downloaded or otherwise obtained through the use of Comicartfans.com is downloaded at the user's own risk.
   
   The user will be solely responsible for, and assumes the entire cost of, all necessary servicing, repair, or correction in the event of any damage or loss due to content, downloads or any other material or information the user obtains from Comicartfans.com.
   
   
10. Limitation of liability -- Under no circumstances and in no event shall Comicartfans.com, its information providers, or content partners, or their respective employees, representatives, agents or licensors (collectively, "the Comicartfans.com parties"), be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or absence of authenticity of, the information contained within the Comicartfans.com web site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Under no circumstances and in no event shall Comicartfans.com or any of the parties be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to this agreement and/or use of, or inability to use, the Comicartfans.com web site, or the claims of third parties, including users, however caused, under any legal theory (whether in contract, tort, negligence, strict liability or otherwise), even if any Comicartfans.com party has been advised of (or if any Comicartfans.com party is aware of or should have been aware of) the possibility of such damages. In addition, under no circumstances and in no event will the aggregate liability of all Comicartfans.com parties arising out of or relating to this agreement and/or relating to use of, or inability to use, the Comicartfans.com web site, under any legal theory, exceed the amount paid by the user, if any, to access the Comicartfans.com web site.
    
    
11. Indemnification -- User agrees to indemnify and hold harmless, and at Comicartfans.com request, defend the Comicartfans.com parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "losses") insofar as such losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the Comicartfans.com web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of this agreement or any other covenant or agreement.
    
    If any third party brings a claim, lawsuit, or other proceeding(s) against any Comicartfans.com party based on user's conduct or use of Comicartfans.com's web site or services, user agrees to compensate all Comicartfans.com parties (including their respective officers, directors, employees and agents) for any and all losses in connection with any such claim, lawsuit or proceeding.
    
    
12. Governing law -- The formation, construction and interpretation of this agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Ohio, U.S.A., as such law applies to agreements between Ohio residents entered into and wholly performed within Ohio, without giving effect to any principles of conflicts of laws. This agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the state and federal court of the State of Ohio, U.S.A. it is hereby agreed that any action at law or in equity arising under this agreement and/or your use of the Comicartfans.com web site shall be finally adjudicated or determined in any court or courts of the State of Ohio or of the United States of America, in Summit County, Ohio, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Ohio law.
    
    
13. Acceptance - Your use of Comicartfans.com constitutes acceptance of this agreement. You hereby waive any and all defenses you may have based on the electronic form of this agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this agreement and any additional terms, conditions, rules or procedures imposed by Comicartfans.com or by third party content providers in connection with third-party content, software or services available on, through or in connection with Comicartfans.com.
    
    
14. Affiliate Programs - When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network, Amazon, and other ecommerce websites.