novatoons
novatoons

Terms And Conditions

 

 

Article 1 - Introduction:

Welcome to Novatoons, the premier online destination by Novatoons Entertainment Inc. for creators and enthusiasts of digital comics, books, art, NFTs, and related merchandise. Our platform is meticulously crafted to bridge the gap between talented creators and a global audience eager to explore, purchase, and cherish unique digital and artistic works. As a hub of creativity and commerce, Novatoons Entertainment Inc. is committed to fostering a vibrant community where innovation meets tradition, and where every transaction is underpinned by trust and transparency.

By choosing to access, browse, or utilize any part of our platform, you are entering into a binding agreement with Novatoons Entertainment Inc. This agreement is governed by the Terms and Conditions outlined herein. It is imperative that you take the time to read, comprehend, and assess these terms in their entirety. Your continued use of our platform signifies your unequivocal acceptance of these terms and any subsequent modifications we may make in the future. If, for any reason, you find yourself in disagreement with any part of these terms, we respectfully ask that you cease using Novatoons immediately.

Your trust is paramount to us, and we are dedicated to ensuring a seamless, secure, and enriching experience for every member of our community. Welcome to the future of digital artistry and commerce.

     

    Article 2 - Definitions:

    • "Platform" or "Site":Refers to Novatoons and all its associated web pages and services.

    • "User":Refers to anyone who accesses, browses, or uses our platform, including both buyers and sellers.

    • "Seller":Refers to users who list and/or sell products or services on the platform.

    • "Buyer":Refers to users who purchase products or services from the platform.

    • "Content": Refers to any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this platform.

    • "NFT":Refers to a non-fungible token, a type of digital asset verified using blockchain technology.

     

    Article 3 - User Registration and Account:

    • Registration:To access certain features of the platform, users may be required to create an account. During registration, users must provide accurate and complete information and must update this information if it changes.

    • Account Security:Users are responsible for maintaining the confidentiality of their account password and for all activities that occur under their account. Users agree to notify Novatoons immediately of any unauthorized use of their account or any other security breach.

    • Account Termination:Novatoons reserves the right to suspend or terminate accounts if there is any suspicion of activities that violate these Terms and Conditions or are harmful to other users or the platform.

     

    Article 4 - Content and Intellectual Property:

    Sellers on Novatoons retain all rights to the content they upload. However, by choosing to share their work on our platform, they grant Novatoons a license to use, display, and distribute all or part of this content both on the platform and across its associated channels including but not limited to sales, distribution, promotion and marketing purposes. This collaborative approach ensures that while creators maintain ownership of their work, Novatoons can effectively showcase it to a wider audience. The Seller and content creators using Novatoons agree that when provided content or work is used for marketing and promotion purposes, Novatoons will not be obligated to remove from the public domain or its channels Seller or creator content that has been used for marketing and promotion even when the business relationship with Novatoons has been terminated, the user account has been blocked or suspended or there is a stop to the use of Novatoons by the user for any reasons which are not stated here.

    When it comes to purchasing, buyers should be aware that their acquisition grants them a license to use the content as specified by the seller. It's crucial to understand that this transaction does not transfer any intellectual property rights from the seller to the buyer. The essence of this arrangement is to allow buyers to enjoy the content while respecting the original rights of the creators.

    Novatoons prides itself on being a platform of integrity and respect. As such, we have a strict policy against prohibited content. Users must refrain from uploading, sharing, or selling content that infringes on the intellectual property rights of others. Additionally, content that is defamatory, obscene, or promotes illegal activities has no place on our platform. We reserve the right to take decisive action against such violations, including the removal of content, temporary and permanent restriction of all or part payments, and if deemed necessary by Novatoons, pursuing legal actions against the violators.

       

      Article 5 - Use of the Platform:

      Novatoons is a vibrant community where creators, enthusiasts, and buyers converge to celebrate the world of digital artistry. As users navigate and interact within this ecosystem, certain standards of conduct ensure a harmonious experience for all.

      • Acceptable Use:Users must engage with the platform in a respectful and lawful manner, upholding its integrity.

      • Prohibited Activities:

        • Hacking, data mining, or unauthorized access.

        • Spamming, phishing, or distributing malicious software.

        • Misrepresentation of identity or affiliations.

      • Community Vigilance:While Novatoons doesn't pre-screen every content piece, we rely on our community's vigilance. Users should report any inappropriate content or behavior.

       

      Article 6 - Sellers on the Platform:

      Novatoons provides sellers with a unique platform to showcase and monetize their digital creations. From comics to NFTs, the platform is a hub for diverse digital content. As sellers list their products, certain responsibilities ensure the platform's credibility and trustworthiness.

      • Listing Authenticity:Sellers must ensure accurate product descriptions, fair pricing, and the necessary rights to the content they list.

      • Prohibited Items:Pirated or counterfeit items are strictly forbidden.

      • Commission Structure:Novatoons manages payments, deducting a transparent commission fee from sellers' earnings.

      • Dispute Resolution:Sellers should address buyer complaints promptly. Novatoons can mediate if required.

      • Liability:Sellers acknowledge that Novatoons Entertainment Inc. is not liable for any disputes, claims, or losses arising from their interactions with buyers on its platform.

       

      Article 7 - Buyers on the Platform:

      For buyers, Novatoons is a treasure trove of unique digital content, catering to both local and international users.

      • Purchase Responsibility:Buyers should ensure up-to-date payment information and thoroughly understand product descriptions and licensing terms.

      • Feedback:After transactions, buyers can leave feedback, aiding sellers' improvement and guiding future buyers.

      • Refund/Cancellation:All sales are considered final, with exceptions of technical issues or discrepancies with physical merchandise purchased through our print-on-demand partners.

      • Liability:Buyers acknowledge that Novatoons Entertainment Inc. is not liable for any disputes, claims, or losses arising from their interactions with sellers.

       

      Article 8 - NFTs, Digital Assets, and Merchandise:

      Novatoons is at the forefront of the digital revolution, offering a platform for trading or selling NFTs and facilitating the sale of merchandise through print-on-demand companies.

      • NFT Ownership:Users listing NFTs must ensure they have the rights to them. Ownership of an NFT doesn't automatically confer overarching copyright unless explicitly stated by the creator.

      • Print-on-Demand:The platform may facilitate the creation, packaging, and delivery of physical versions of goods purchased through partnered print-on-demand companies.

       

      Article 9 - Donations and Support to Creators:

      Novatoons recognizes the importance of supporting the creative community. Our platform not only facilitates sales but also allows for direct support to creators.

      • Donation Mechanism:Users can directly donate to their favorite creators, showing appreciation for their work.

      • Transparency: All donations are transparently processed, with a clear breakdown of any fees or deductions.(please refer to our fees and commissions pag

      • Acknowledgment:Creators are encouraged to acknowledge and thank their supporters, fostering a positive community relationship.

       

      Article 10 - Novatoons Credit:

      • Usage and Restriction:Novatoons Credit ("Credits") constitutes a limited license right to access and purchase content on the platform. Credits can be acquired through various means as determined by Novatoons and can only be used within the platform. The Credits have no monetary value and cannot be exchanged for cash, except where required by law. Novatoons reserves the right to modify or discontinue the Credit system at any time without notice.

       

      Article 11 - International Use and Compliance:

      Novatoons, operated by Novatoons Entertainment Inc., caters to both local and international users, ensuring a global reach.

      • Local Laws:Users are responsible for complying with local laws and regulations when accessing or using our platform.

      • Restrictions:Certain content or products might be restricted or unavailable in specific regions due to local regulations.

      • Currency and Tax:Transactions may be subject to local currency conversion rates and taxes. Users should be aware of any additional charges or fees.

       

      Article 12 - Privacy and Data Protection:

      Novatoons Entertainment Inc. is committed to safeguarding the privacy of its users. Please refer to the Privacy Policy for more information on this section.

         

        Article 13 - Refund and Cancellation Policy:

        All transactions on the platform are subject to our Refund and Cancellation Policy. Users are advised to familiarize themselves with this policy to understand the conditions under which refunds or cancellations may be considered. The Refund and Cancellation Policy is an integral part of these Terms and Conditions, and you must read them. By using the platform, users agree to be bound by both these Terms and Conditions and the Refund and Cancellation Policy.

           

          Article 14 - Dispute Resolution & Governing Laws:

          At Novatoons, we believe in fostering a harmonious relationship with our users. While we always strive for smooth interactions, we understand that disputes may arise. In such instances, we encourage all parties involved to seek mediation as a primary means of resolution. This collaborative approach often leads to quicker and more amicable outcomes.

          However, should legal intervention become necessary, please be aware that our terms and conditions are governed by the laws of Canada. Any legal actions or proceedings related to or arising out of these terms will be conducted in the appropriate courts of Canada. By using our platform, users agree to this jurisdiction and governing law, ensuring clarity and consistency in the unlikely event of legal disagreements.

             

            Article 15 - Amendments to the Terms:

            Novatoons Entertainment Inc. ("The Company") reserves the right to amend, modify, or replace these Terms and Conditions at its sole discretion. Any such changes will become effective upon posting on the platform or when otherwise communicated to users. It is the responsibility of the user to review the Terms and Conditions periodically. Continued use of the platform after the implementation of any changes constitutes acceptance of those changes.

               

              Article 16 - Termination of Services:

              The Company reserves the right, without notice and in its sole discretion, to terminate or suspend the provision of any services or the user's access to the platform, especially in cases of breaches of these Terms and Conditions or any other policies set by the Company. The user acknowledges and agrees that The Company shall not be liable to the user or any third party for any termination or suspension of the user's access to the platform or for the removal of information related to the user's account.

                 

                Article 17 - Communications:

                For any concerns, feedback, or inquiries related to the platform or these Terms and Conditions, users are advised to contact The Company through the designated communication channels provided on the platform. All communications from users to The Company shall be deemed to be non-confidential. The Company is under no obligation to provide individual responses but will endeavor to address user concerns in a timely and appropriate manner.

                   

                  Article 18 - Amendment to the Terms and Conditions:

                  Novatoons reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Any amendments to these Terms will take effect immediately upon being posted on the platform. It is the responsibility of the user to review the Terms periodically for changes.

                     

                    Article 19 - Disclaimer of Warranties:

                    All services provided by Novatoons are on an "as-is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Novatoons does not warrant that the services will be uninterrupted, secure, or error-free.

                       

                      Article 20 - Limitation of Liability:

                      To the fullest extent permitted by applicable law, in no event shall Novatoons, its affiliates, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the services.

                         

                        Article 21 - Indemnification:

                        You agree to indemnify, defend, and hold harmless Novatoons, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

                           

                          Article 22 - Arbitration and Class Action Waiver:

                          Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our platform, or our products or services (collectively, "Disputes") shall be resolved by final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There shall be no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you agree that, to the extent permitted by applicable law, any and all Disputes will be resolved individually in the arbitration, not as a class or other representative action or proceeding.

                             

                            Article 23 - Severability:

                            If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and a valid provision that most closely matches the intent of the original will be substituted.

                               

                              Article 24 - Entire Agreement:

                              These Terms and Conditions, along with any other policies or guidelines referenced herein, represent the entire agreement between the user and Novatoons Entertainment Inc. concerning the use of the platform and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these terms.

                                 

                                Article 25 - Contact Us:

                                For any inquiries, concerns, or feedback regarding these Terms and Conditions or any other aspect of the platform, users are encouraged to reach out to Novatoons Entertainment Inc. directly. We value open communication and are committed to addressing user concerns in a timely and comprehensive manner.

                                All official communications should be directed to:

                                   

                                  Novatoons Entertainment Inc.

                                  Novatoons Entertainment Inc
                                  9 Kingsway Gate, Courtice,
                                  Ontario, Canada
                                  We may also be contacted via Customer Care

                                  Please note that communications sent to Novatoons Entertainment Inc. for purposes other than those related to these Terms and Conditions may not receive a response. We encourage users to use the designated channels on our platform for specific inquiries or feedback.