Terms and conditions

Cartoonists Shop (Arifur Rahman) is owned and operated by Cartoonists Shop. You will be deemed to have accepted these Terms and conditions when you click on the ‘I agree’ button at the end of these Terms and conditions. If you do not want to agree to these Terms and conditions, you should click on the ‘cancel’ button and not participate.

When accessing Cartoonists Shop as a Buyer you must comply with any directions, instructions or protocols posted on the Site from time to time. Only those who have submitted a Buyer application and accepted these Terms and conditions are entitled to access and make use of the facilities offered by the Site.

1. Definitions

  • Buyer: A person who buys Artworks made available for sale on the Site.
  • Seller: A person who creates Artworks available for sale non-exclusively on the Site.
  • Member: A person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by Cartoonists Shop.
  • Member Account: Has the meaning given to that term in clause 12.
  • Payment Agent: Refers to any payment agent approved by Cartoonists Shop from time to time including, but not limited to, PayPal or Stripe.
  • Artworks: Refers to digital images available for sale on the Site including, but not limited to, cartoons, caricature, comics, illustrations, icons, backgrounds, graphics and other forms of stock content in the form of creative digital computer files.

2. Membership

  • In these Membership Terms, a reference to “we” or “us” means Cartoonists Shop (CS) and a reference to “you” or “your” means a Member or Buyer.
  • You may only become a Member or Buyer if you are 18 years or older.
  • Cartoonists Shop is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time. Your Membership is non transferable.
  • Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.
  • You are responsible for each and every access or use of the Site that occurs in conjunction with the use of your username and password.
  • Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site.
  • You must use all reasonable efforts to keep your username and password confidential.
  • You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.
  • You must notify Cartoonists Shop by email as soon as you become aware of any unauthorized use of your Member Account, username or password.
  • You acknowledge and agree that you are liable for, and will indemnify Cartoonists Shop, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.

3. Member Benefits

By being registered as a Member, you are entitled to:

  • Buy Artworks from other Members;
  • Sell Artworks to other Members (subject to clause 15);
  • Generally make use of the Membership section of the Site; and
  • Participate in the Seller Referral Program as described in clause 17 but subject to these terms and conditions.

4. Cartoonists Shop Role

  • Cartoonists Shop acts as an online facility to allow Members to sell and buy Artworks. Cartoonists Shop does not take any responsibility for the legality of any Artworks downloaded by you from the Site.
  • Cartoonists Shop does not warrant that the Artworks or any content, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party.
  • Each Seller is required to warrant that their Artworks does not infringe the intellectual property rights of any third party.

5. Availability/Use of the Site

The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site. Cartoonists Shop may, in its absolute discretion, and for any reason, and at any time, with or without notice:

  • Interrupt or suspend your right to access the whole or any part of the Site; and/or alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Site.
  • You agree that Cartoonists Shop will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

6. Fees and Services

  • You do not have to pay a fee to become a Member.
  • You do not have to pay a fee to sell Images on the Site.
  • Buyers will pay a fee to buy the right to use that Image in accordance with clause 14.
  • Sellers will receive the fee (less the commission to which Cartoonists Shop is entitled in accordance with clause 16) collected by Cartoonists Shop for each sale of your Image to a Buyer.
  • All payments by Buyers on the Site must be paid through a Payment Agent.
  • You are responsible for paying all fees and taxes associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
  • All references on the Site to “$” and “dollars” are to the lawful currency of the United States of America unless otherwise specified.
  • All prices on the Site are expressed in US currency. Payment will be made in accordance with the rules of the applicable Payment Agent.
  • The Buyer is responsible for all costs of currency conversion.
  • Where a payment is made by Cartoonists Shop to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.

7. Member Information

In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information).

  • You promise that the Member Information you provide is true, accurate and complete. Cartoonists Shop’ information collection and use policies with respect to the privacy of such Member Information are set out in the Site’s Privacy Policy.
  • Any Member Information that you disclose may be used by Cartoonists Shop, its agents and contractors in relation to the provision of services accessible on the Site, including marketing activities in relation to the Site.

8. Proprietary Rights

As between you and Cartoonists Shop, its licensors, advertisers or affiliates, own solely and exclusively, all:

  • rights, title and interest in and to the Site;
  • the content (other than Artwork), including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles etc, code, data and other materials comprising the Site;
  • the look and feel, design and the organization of the Site; the compilation of the content, code, data and materials on the Site;
  • and any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights subsisting in the works described in paragraphs above.
  • Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.

9. Copyright Agent

Cartoonists Shop respects the intellectual property rights of others. If you believe that your work is infringed by an Image being offered for sale on Cartoonists Shop, then that constitutes copyright infringement. Contact us via email with the following:

  • your address, telephone number, and email address;
  • a description of the location of the alleged infringing material;
  • a description of the copyright work that has been allegedly infringed
  • In submitting a Copyright Claim, you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
  • On receipt of a Copyright Claim, Cartoonists Shop will take down the Image that is the subject of the Copyright Claim and seek an explanation from its Seller.

10. Trademarks

The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trademarks of Cartoonists Shop and others.

  • A Trademark may not be used without the approval of its owner.
  • Nothing contained on the Site should be construed as granting, or license or right to use any Trademark displayed on the Site without the written permission of its owner.

11. Confidential Information

Cartoonists Shop does not warrant or represent that your use of the Site will be confidential. Cartoonists Shop is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site. While Cartoonists Shop has taken precautions to protect information that you transmit to the Site over the internet, Cartoonists Shop does not warrant the security of that information. Once Cartoonists Shop receives your transmission, Cartoonists Shop will take reasonable steps to preserve the security of such information. You must not disclose any confidential information made available through the Site.

12. Member Accounts

When your application for Membership is accepted by Cartoonists Shop, you will have a sinCSe account that is accessible by you (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Cartoonists Shop (as a Buyer) and payments made by Cartoonists Shop to you (as a Seller or in accordance with clause 17).

13. Payments

You can make a payment into your Member Account by credit card or using the services of a Payment Agent. You authorize Cartoonists Shop to:

  • on your direction, debit monies from your Member Account, to pay for Images you buy at the Site;
  • credit to your Member Account any amounts due to you in respect of sales of your Images on the Site; and
  • credit to your Member Account any Referral Commissions earned from referring new Sellers to the Site (in accordance with clause 17).
  • Cartoonists Shop is not a licensed financial service provider, Cartoonists Shop provides its services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).
  • Cartoonists Shop is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.
  • Any monies that you deposit into your Member Account must be used to pay for Images you buy on the Site.

Cartoonists Shop will pay to you amounts earned as a Seller and Referral Commissions earned by you in accordance with clause 18 subject to the following conditions:

  • If you have earned more than $50.00 in your account, then Cartoonists Shop will pay a minimum of $50.00 through a Payment Agent (and in no other manner).
  • Other than as provided for in clause 13, Cartoonists Shop will not pay any earnings or Referral Commissions standing to your credit in your Member Account which are less than $50.00 in total but you may use this to buy Images.
  • You must bear all expenses incurred by Cartoonists Shop in transferring monies back to you.

14. Buying Images and Licenses

If you Buy images, you do so on the following terms:

  • you cannot cancel a purchase of an Image once the download has taken place.
  • Cartoonists Shop does not give any undertaking as to the continued availability of Images offered for sale on the Site;
  • the Image may not be re-sold or otherwise transferred by the Buyer to any third party; and
  • payment of the fee will be made at the time of download by deduction from your Member Account.

Standard License
Grants you, a non-exclusive, non-transferable license to make use of and display the image in a website or print project. A maximum of 10,000 copies incorporating the image may be made.

You CANNOT use the image:

  • that features a model or recognizable person(s) to suggest that they are endorsing a business, product, service, organization or in sensitive subject matter, such as mental and physical health issues, social issues, sexual or implied sexual activity, substance abuse, crime, physical or mental abuse, or any other subject matter that would be offensive.
  • as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
  • for redistribution, resell, lease, license, sub-license or offer free downloads of the image in its present form or in a modified form to any third party.
  • on shared drives, intranets, computer networks or the like.
  • in such a way as to suggest that the product was created by you.
  • that you acquire unless it is incorporated into a work you have created.

Merchandise License
Grants you, a non-exclusive, non-transferable license to make use of and display the image in merchandise for resale or distribution, clothing, greeting cards, magnets, calendars, web templates, games and wallpapers. A maximum of 10,000 copies incorporating the image may be made. 

You CANNOT use the image:

  • on Print on Demad sites such as Zazzle or Cafe Press.
  • that features a model or recognizable person(s) to suggest that they are endorsing a business, product, service, organization or in sensitive subject matter, such as mental and physical health issues, social issues, sexual or implied sexual activity, substance abuse, crime, physical or mental abuse, or any other subject matter that would be offensive.
  • as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
  • for redistribution, resell, lease, license, sub-license or offer free downloads of the image in its present form or in a modified form to any third party.
  • on shared drives, intranets, computer networks or the like.
  • in such a way as to suggest that the product was created by you.
  • that you acquire unless it is incorporated into a work you have created.

Ultimate License
Grants you both the Standard and Merchandise Licenses outlined above and allows an unlimited number of copies incorporating the image may be made.

You acknowledge and agree that despite Cartoonists Shop’ reasonable precautions, Images may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Cartoonists Shop reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Cartoonists Shop will immediately arrange for any payment to be refunded.

Model and Property Releases/Clearances
If an Image is designated as model-released, it means that the person(s) included in the image has signed a release permitting reproduction of the image, subject to the restrictions below.

Model-released images may not be used in a way that the person(s) depicted:

  • Endorses a business, product, service, or organization.
  • Is used in sensitive subject matter, such as mental and physical health issues, social issues, sexual or implied sexual activity, substance abuse, crime, physical or mental abuse, or any other subject matter that would be offensive.

15. Social Media Policy

With any license, you may publish, post, or upload an unmodified version of the Image on Social Media outlets under the following circumstances:

  • You must include a copyright notice giving credit to the Seller and website the license was purchased from, in the following format:         © Seller Name – CartoonistsShop.com
  • The Terms of Service governing the Social Media outlet does not include provisions which claim to grant any form of ownership or exclusive rights to anyone, with respects to the modified or unmodified Image.
  • All other guidelines of the purchased license are followed.

16. Refund Policy

  • All deposits made to your CS account are non-refundable.
  • A purchase refund will only be offered if the image purchased is corrupt, poor quality or the download was not the correct image.
  • The value of the image purchase will be credited to your CS account so you can find an alternative image.
  • If you purchase an image and cannot open the file in one of your programs please message us. We will either resend you the image or save it in a format that is compatible with your software program.

17. Selling Images

As a Seller, you cannot start selling on the Site unless you first: complete the Seller application, agree to our Seller Agreement and submit sample images for acceptance. You warrant to Cartoonists Shop and each Buyer that, as a Seller, in relation to each Image that you offer for sale on any of the Site:

  • you own the intellectual property rights to the Image;
  • that your Image does not infringe the intellectual property rights of a third party;
  • that your Image is not false, inaccurate or misleading;
  • that your Image is not fraudulent, stolen or an unlawful item;
  • that your Image does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti-discrimination or trade practices or fair trading laws);
  • that your Image is not defamatory, unlawfully threatening or unlawfully harassing;
  • that your Image is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
  • that your Image does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth).
  • that your Image does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  • that your Image would not create liability for Cartoonists Shop or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
  • that your Image would not cause Cartoonists Shop to violate any applicable law, statute, ordinance or regulation by making it available on the Site.

As a Seller, you must:

  • not offer to or sell to Members any of your Images that have not been approved by Cartoonists Shop in accordance with this clause 15;
  • notify us of any information which may affect or assist in sales of your Images.
  • provide us with full and accurate information regarding your Images;
  • act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
  • to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Images.
  • You acknowledge and agree that any Image offered for sale by you on the Site must first be submitted to Cartoonists Shop to check the quality and the information provided with the file.

Cartoonists Shop may refuse, in its sole discretion, to allow you to offer your Images for sale on the Site. Cartoonists Shop is not required to give reasons for refusal. You acknowledge and agree that If Cartoonists Shop determines, in its absolute discretion, or is notified by a third party, that an Image that you offer for sale on the Site does not comply with any applicable laws and/or these Membership Terms, Cartoonists Shop will disable your Member Account and withhold all amounts that you may have earned from the sale of the relevant Image until the earlier of:

  • any dispute in relation to the Image has been resolved to the satisfaction of Cartoonists Shop; and
  • the expiry of two years from the date your Member Account is disabled.
  • If after two years, the dispute has not been resolved, Cartoonists Shop will pay amounts standing to your credit in your Member Ledger to you via PayPal or Moneybookers.

You acknowledge and agree that Cartoonists Shop may, at its sole discretion, elect at any time to remove your Images from the Site without notice to you. Cartoonists Shop is not responsible for any loss that you may suffer as a result your Images being removed from the Site. Cartoonists Shop is not liable for any loss suffered by you as a result of a Buyer making use of an Image that you offer for sale on the Site contrary to the conditions on which the Product was sold to the Buyer. You agree and acknowledge that Cartoonists Shop may use your Images from time to time to promote the Site, including on a features page on the Site itself.

18. Commissions

If one or more of your Images is sold over the Site, Cartoonists Shop will credit your Member Account with the balance of the fee received from the Buyer (that is the gross fee less Cartoonists Shop’ commission). Cartoonists Shop will be entitled to receive a commission of an amount equal to 60% of the fee payable for each Image sold over the Site. Commission rates and referral program rates may be changed by Cartoonists Shop at its sole discretion, from time to time. Any changes to the commission rates by Cartoonists Shop will take effect on and from the date on which notice of the variation is posted by Cartoonists Shop on the Site.

19. Seller Referrals

If you refer a new Seller to the Site you will receive a commission equal to 5% of that new Seller’s standard license commission sales for six months. You automatically have a referral code generated using your username. This code is available on your account page. New Sellers referred via your referral link are eligible if they:

  • have cookies enabled on their browser;
  • do not clear their cookies;
  • have not been previously referred by another Member;
  • have been referred via an external site and not through the Site; and

You MAY NOT refer new Members by:

  • purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Cartoonists Shop trademarks, watermarks and/or variations and mis- spellings thereof; or
  • sending unsolicited email or other messaging that in any way may constitute spam;
  • engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam; and
  • engaging in any conduct that is directly or indirectly in contravention of any direction given to you by Cartoonists Shop or these Membership Terms.
  • Cartoonists Shop reserves the right, in its absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms.
  • Cartoonists Shop determination as to whether or not your use of the referral program is in breach of any applicable laws and/or these Membership Terms is final and binding.
  • If Cartoonists Shop determines that you have not complied with any applicable laws and/or these Membership Terms, Cartoonists Shop will disable your Member Account and withhold all Referral Commissions that may be payable by Cartoonists Shop to you at the time it becomes aware of your failure to comply.

20. Prohibited Conduct

You warrant that while using the Site and the various services and features offered on or through the Site, you will not:

  • use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • attempt to gain unauthorized access to other computer systems through the Site.

You MUST NOT:

  • engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
  • obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Site by any means;
  • use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • use the Site, content or services offered on the Site for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
  • use any mechanism, device software or script to affect the proper functioning of the Site including taking any action which may infect the Site with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
  • take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Site or networks connected to the Site;
  • use the Site or the Site’ services or features in violation of Cartoonists Shop’ or any third party’s intellectual property or other proprietary or legal rights; or
  • use the Site or the Site’ services in violation of any applicable law.
  • You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content of the Site or any of its domains, or make any unauthorized use of the Site or the Site’ services or any content of the Site or any of the domains of the Site.

You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site. Cartoonists Shop reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms. Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Cartoonists Shop. Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.

21. Linking to the Site

You agree that if you include a link from any other web site to one or more of the Site, such link must link to the full version of an HTML formatted page of the relevant Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to any of the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.

22. Third Party Site

You may be able to link from the Site to third party web Site and third party web Site may link to the Site (Linked Site).

  • You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.
  • The inclusion of a link to a Linked Site on the Site does not constitute or indicate any relationship between Cartoonists Shop and the operator of that Linked Site or any endorsement or sponsorship by Cartoonists Shop of that Linked Site.
  • Cartoonists Shop disclaims any liability for links:
  • from another web site to any of the Site; and
  • to another web site from any of the Site.
  • Cartoonists Shop is not responsible for any form of transmission received from any Linked Site.

23. Public Forums

Cartoonists Shop may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:

  • restrict or inhibit any other user from using and enjoying the Site or the Site’ services;
  • are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  • constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
  • contain a virus, spy ware, or other harmful component;
  • contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
  • constitute commercial solicitation or ‘spam’ of any kind; or
  • constitute or contain false or misleading indications of origin, endorsement or statements of fact.
  • You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Cartoonists Shop.

You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Site and the consequences of any of your activities on the Site. Cartoonists Shop reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Cartoonists Shop is not responsible for, and assumes no liability for, any such materials posted by users. However, Cartoonists Shop reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Cartoonists Shop’ sole discretion are objectionable or in violation of these Membership Terms, Cartoonists Shop’ policies or applicable law. Cartoonists Shop may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

24. Disclaimer

Cartoonists Shop does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

  • all content and services on the Site is provided “as is” and without warranties of any kind, either express or implied;
  • Cartoonists Shop and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • Cartoonists Shop does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
  • Cartoonists Shop does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked website) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
  • Under no circumstances (including but not limited to any act or omission on the part of Cartoonists Shop) will Cartoonists Shop or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site.
  • To the fullest extent permitted by law, Cartoonists Shop’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Cartoonists Shop to the following:

in the case of services supplied or offered by Cartoonists Shop:

  • the supply of the services again;
  • the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by Cartoonists Shop:

  • the replacement of the goods or the supply of equivalent goods; or
  • the payment of the cost of replacing the goods or acquiring equivalent goods.

25. Indemnifications

You agree to defend, indemnify and hold Cartoonists Shop and Cartoonists Shop’ affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from your use of the Site, your placement or transmission of any Artwork, message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Membership Terms. Cartoonists Shop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cartoonists Shop’ defense of such claim.

26. Term Changes

Cartoonists Shop may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you. Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices. Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.

27. Relationship

Nothing in these Membership Terms:

  • constitutes a partnership between the parties; and
  • except as expressly provided, makes their party an agent of another party for any purpose.

A party cannot in anyway or for any purpose:

  • bind another party; or
  • contract in the name of another party.

If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

28. Termination

Cartoonists Shop may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

  • you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Site;
  • Cartoonists Shop is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Site; or
  • Cartoonists Shop believes that your actions may cause legal liability for you, our other Members or us.

Should Cartoonists Shop elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.

29. Notices

Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices. A notice will be deemed to have been given on the date of delivery.

30. Applicable Laws

If you make use of the Site, or the Artwork, content, code, data or materials on the Site or available through the Site, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of United States and other countries and may be subject to liability for such unauthorized use. We control and operate the Site from our offices in United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of New York, United States governs these Membership Terms. Both Cartoonists Shop and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New York, United States.

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