Terms and Conditions
Guarionex Press Ltd.
201 West 77 St. Suite 6A
New York, NY 10024
Effective Date: 9/5/2023
This web page represents a legal document and is the Terms and Conditions, hereinafter called (Agreement) for our website, makebeliefscomix.com (Website). By using our Website you agree to fully comply with and be bound by the following Agreement.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not agree to be bound by all the terms of this Agreement, including the www.makebeliefscomix.com Privacy Notice, do not use this Website.
Required Age to Use Our Website and Products
To use our website or sign up for any of our Products, you must be at least 13 years of age in the United States or have the permission of a parent, guardian, educator, or administrator. If you live in a country other than the United States, you need to be the legal age of consent in that country, state, province, or territory. Any registration under the legal age of consent without permission of a parent, guardian, educator, or administrator is unauthorized, unlicensed, and in violation of our policies and terms and conditions.
If you complete the registration process, you may receive a password that will allow you to access our Website and Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.
The terms “us”, “we”, and “our” refer to Guarionex Press Ltd. the owner of this Website.
The term “Product(s)” refers to any products or services we sell or give away. A “Visitor” is someone who merely browses our Website. A “User” is someone who uses our Website to
create comic strips, books, and other various content in print or electronic form. A User can also be an author. All text, comic strips, books, information, graphics, designs, writing tools, and data offered through our Website or Products whether produced by our Users or by us, are collectively known as our “Content”. We distinguish content posted by our Users as “User Content”.
PERMISSION GUIDELINES FOR OUR PRODUCTS
Guarionex Press Ltd. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Products strictly under this Agreement. Your use of our Website and Products is solely for internal, personal, and noncommercial purposes unless otherwise provided for in this Agreement.
As a MakeBeliefsComix.com User or author, you can make copies of any MakeBeliefsComix (hard copy or electronic) for your friends, family, or class friends for free. But you may not sell MakeBeliefsComix strips that you create, or gain profit from MakeBeliefsComix without permission from the creator of MakeBeliefsComix.com (Bill Zimmerman). You can email him at email@example.com or send a letter to: Bill Zimmerman, Guarionex Press Ltd., 201 West 77 St., New York, NY 10024. Please describe how you want to use the comic strips.
You agree to secure permission from MakeBeliefsComix.com for any reuse or non-profit distribution and to follow the fee and attribution terms shown below. Please contact us if you’d like rights to use more than 5 Make Beliefs comic strips.
Special note to educators: The free writing tools are part of our many features to assist you in your efforts to help young people express their deepest ideas and thoughts. You have our permission to use the materials, including the books, and you will NOT be violating copyright by using them or their pages in your work with students. If you decide to print some of the book pages, please credit the title of the book and state that it is published by makeBeliefsComix.com. You also have permission to make copies for use at school, at home, and in the office, but not for sale. For commercial use, contact: firstname.lastname@example.org.
Print: Comic strips generated at MakeBeliefsComix.com and used in print must include a credit line as follows: This comic strip was generated at http://www.MakeBeliefsComix.com. Used by permission of author and site creator Bill Zimmerman. Electronic/Web: Comic strips generated at MakeBeliefsComix.com and posted online or otherwise digitally must include an active hyperlink to http://www.MakeBeliefsComix.com/Comix and credit line as follows: This comic strip was generated at http://www.MakeBeliefsComix.com. Used by permission of author and site creator Bill Zimmerman.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Guarionex Press Ltd.
Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.
Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, Guarionex Press Ltd. has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of Guarionex Press Ltd. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant website.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website and Products will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our Website and Products will be correct, accurate, or timely. Guarionex Press Ltd. reserves the right at our sole discretion to change any content, software, and other items contained in our Website or Products at any time without notice.
Guarionex Press Ltd. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Users of our Website, or by Guarionex Press Ltd. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, unlawful, or otherwise objectionable content you may encounter using our Website or Products.
Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. Guarionex Press Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of User communications.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties.
Limitation of Liability
IN NO EVENT WILL Guarionex Press Ltd. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF Guarionex Press Ltd. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, Guarionex Press Ltd. LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR USER SHIP BEFORE THE EVENT RESULTING IN LIABILITY.
Users may post their content to our Website through our products (User Content). Users and Visitors understand that by using our Website or Products, they may be exposed to content that is offensive, indecent, or objectionable. We have little control over User Content and do not in any way guarantee its quality, accuracy, or integrity. Guarionex Press Ltd. is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, Guarionex Press Ltd. will submit all necessary information to relevant authorities.
If any User Content is reported to Guarionex Press Ltd. as being offensive or inappropriate,
we may ask the User to retract or modify the questionable content within 24 hours of being notified by Guarionex Press Ltd. If the User fails to meet such a request, Guarionex Press Ltd. has full authority to restrict the User’s ability to post User Content or to immediately terminate the User’s use of our Website and Products without further notice to the User.
We have sole discretion to remove any User Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws.
You warrant that you will not use our Website or Products to infringe on the intellectual property rights of others in any way. Following the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating Users whom we judge, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Website or Products to do any of the following:
Upload, post, or transmit any User Content that:
- Violates any local, state, federal, or international laws.
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable.
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Products
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- In the sole judgment of Guarionex Press Ltd. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose Guarionex Press Ltd. our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website.
- Create compilations or derivative works as defined under United States copyright laws.
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- Decompile, disassemble, or reverse engineer our Website, Products, and any related software.
- Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
You grant Guarionex Press Ltd. a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“User Content”) to our Website, you are granting Guarionex Press Ltd. its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the User Content about the operation of the business of Guarionex Press Ltd. its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Website or Products, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in New York, New York, and will be governed by and construed following the laws of the state of New York without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Website or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. The inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Guarionex Press Ltd. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.
Currently, we do not have a refund policy.
Termination of User Privileges
Your User privileges with us are effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any terms of this Agreement. On termination, you will stop representing yourself as a User. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Agreement
We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will be effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Products.