Terms of Use
Last Edited on 26.08.2020
Please read these Terms of Use ("Terms", "Terms and Conditions") carefully before using the strivecomics.com website (the "Service", "Site", "SITE") operated by striveCOMICS ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, striveCOMICS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF striveCOMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. striveCOMICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. striveCOMICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. striveCOMICS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND striveCOMICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
striveCOMICS DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF striveCOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF striveCOMICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Submissions and Emails
striveCOMICS does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of striveCOMICS.
From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site governing those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. Do NOT send in original art. Only submit digital copies (soft copies) via e-mail of your art. Please DO NOT send your submission(s) via floppy or compact disc, USB flash drive or any other data storage device. Please DO NOT send a self-addressed stamped envelope.
Invited Submissions and unsolicited materials
In exchange for striveCOMICS’ review of your artwork, sketches, costumes, characters or other designs, ideas or concepts, you acknowledge and agree as follows: striveCOMICS, its agents, artists, writers, representatives or licensees may now have similar artwork, sketches, costumes, characters or other designs, ideas or concepts in development and/or may independently develop and use similar artwork, sketches, costumes, characters or other designs, ideas or concepts. Any similarity between any materials that you show to striveCOMICS and/or any materials already in development or independently developed hereafter by striveCOMICS or any of its agents, artists, writers, representatives or licensees shall be coincidental. You shall have no rights whatsoever in or to, nor shall you make any claim against striveCOMICS in connection with, any artwork, sketches, costumes, characters or other designs, ideas or concepts already in development, or that may hereafter be independently developed by striveCOMICS, its agents, artists, writers, representatives or licensees, notwithstanding any similarity to any materials that you have shown to striveCOMICS.
Shipping & Delivery
Orders placed with the striveCOMICS Shop Monday through Thursday (excluding holidays) are usually shipped within 5 business days, pending credit card authorization. Orders placed Friday through Sunday and holidays are processed during the next 5 business days.
Please note that depending on the country where you live, longer shipping times may occur, and you may be responsible for paying import duties and taxes.
Order Cancelations
You may request to cancel an order or pre-order within 24 hours to receive a full refund. After this 24 hour grace period your order will be subject to our return policy.
Considering the nature of downloadable digital items, such orders cannot be canceled and we do not generally offer a refund or credit on a purchase. If a digital download does not work properly, please reach out to us here.
Returns & Replacements
The striveCOMICS Online Shop accepts returns, but they must meet all of the following criteria:
All returns must be pre-approved. You can do this by contacting us here.
All returns must be received in the same condition as when shipped.
All returns or damage claims must be made within 7 days of receipt.
striveCOMICS will replace a damaged or defective product at no charge or shipping cost to the customer.
In the case of a return, shipping costs are paid for by the customer.
PLEASE NOTE: ONLY PRODUCTS PURCHASED DIRECTLY FROM THE striveCOMICS ONLINE SHOP CAN BE RETURNED. WE CANNOT ACCEPT ANY PRODUCTS PURCHASED AT ANY OTHER RETAILERS OR SHOPS.
Ownership
Nothing contained in this Agreement shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of striveCOMICS. You acknowledge that all rights, ownership, intellectual property and title in and to the Services and Products, including without limitation any titles, trademarks, trade names, service marks, moral rights, themes, objects, catch phrases, concepts, artwork, documents, screenplays, animations, sounds, music, videos, images, text, audio-visual effects, materials (digital and physical) or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by striveCOMICS or its respective owners. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services and Products without the express written permission of striveCOMICS or its respective owners. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of striveCOMICS', or its respective owners’, copyrights and other proprietary rights and, for clarity, nevertheless are created for striveCOMICS or its respective owners’ sole and exclusive benefit, and are owned and controlled by striveCOMICS or its respective owners. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any striveCOMICS website so long as the link does not portray striveCOMICS or its products or services or respective owners in a false, misleading, derogatory, or otherwise offensive manner. You may not use any striveCOMICS logo or other proprietary graphic or trademark as part of the link without express written permission.
You are however allowed to share parts of this website or its content in the case of brief quotations embodied in critical reviews, on social media platforms and personal blogs for the purpose of word-of-mouth advertising/buzz marketing and certain other noncommercial uses permitted by copyright law.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by striveCOMICS. striveCOMICS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that striveCOMICS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
striveCOMICS
Rotenmühlgasse 44
Vienna, 1120
AUSTRIA
support@strivecomics.com
