CULTURAL COMICS TERMS OF SERVICE (TOS)


These Terms of Service (“Terms”) constitute a binding legal agreement between Cultural Publishing Limited (“the Company,” “we,” or “us”) and you, the independent creator, regarding your voluntary use of the Cultural Comics website to upload, share, and monetize your artistic works. By proceeding to upload your content, you acknowledge that you are acting of your own free will and agree to be bound by these Terms.

1. Voluntary Participation and Earning Initiative

While the Company may separately commission specific works, these Terms specifically govern users who choose to use our platform as a digital library and monetization tool for their own creative projects. Our core mission is to provide Malawian artists with a platform where art is a viable career avenue, offering guaranteed earnings, perpetual royalties, and ad-revenue shares. Your acceptance of these terms and the act of uploading content serves as your unambiguous consent to participate in the Cultural Comics Revenue earning initiative.

2. Intellectual Property (IP) Ownership Model
To incentivize local talent while ensuring the sustainability of the platform, we utilize a shared IP ownership structure:

• The 90/10 Split: For all works uploaded to the platform, the Creator retains 90% ownership of the underlying intellectual property (including titles, characters, and story universes), while the Company retains 10%.
• Copyright Ownership: By uploading your work, you grant the Company the copyright to the specific, final digital versions of the illustrated pages and scripts displayed on the platform.
• Writer’s Right to Exploit: Creators remain free to create new stories or sequels based on their underlying IP outside of this platform, provided they honour the Company’s 10% interest.
• Protection Against Plagiarism: Presenting the writings or visual images of others as your own is strictly prohibited and constitutes theft; we utilize digital tools to ensure all submitted work is original.

3. Advertising and Revenue Sharing
The Company is in the business of selling advertisements directly and through third-party services such as Google Ads.

• Identification: In accordance with Section 41 of the Electronic Transactions and Cyber Security Act, all advertisements on our website shall be clearly identifiable, and the natural or legal person responsible for the ad will be disclosed.
• Data for Ads: We collect technical data and website activity to facilitate targeted advertising. You have the right to object to the use of your personal data for such profiling or direct marketing at any time.
• Profit Distribution: Net profits from licensing, adaptations, or merchandising related to your published issues are shared, with a typical rate of 30% to the Creator and 70% to the Company.

4. Content Standards and Prohibited Behaviour
To protect the community and the Company from legal liability, you agree not to upload content that violates Section 24 of the Electronic Transactions and Cyber Security Act. Prohibited content includes:

• Illegal Material: Child pornography or Child Sexual Abuse Materials (CSAM), bestiality, or sexual conduct that degrades a person. • Harmful Speech: Material that incites racial hatred, xenophobia, or violence, or justifies crimes against humanity. • Indecency: Obscene, lewd, or indecent proposals and language that is offensive to public morals or religious beliefs. • Infringement: Content that uses trademarks or nearly resembling marks in a way likely to deceive the public or cause confusion with existing brands.

5. Limitation of Liability and Intermediary Protection
As an intermediary service provider for voluntary uploads, the Company is protected under Section 25 of the Electronic Transactions and Cyber Security Act.

• The Company is not required to monitor all user-uploaded information to establish knowledge of unlawful acts. • We are not liable for any unlawful content uploaded by users if we had no actual knowledge of the illegality. • Upon receiving a valid takedown notification regarding infringing or unlawful content, we will act expeditiously to remove or disable access to that material.

6. Consequences for Non-Compliance
Failure to comply with these Terms may result in the following actions:

• Termination: Immediate suspension or permanent deletion of your creator account and removal of your content from the platform. • Forfeiture: Content involving illegal activity may be subject to seizure and forfeiture by the Copyright Society of Malawi (COSOMA) or the police. • Legal Action: The Company reserves the right to seek permanent injunctions in the High Court to restrain further infringements or breach of contract.

7. Governing Law
These Terms are governed by the Constitution and written laws of the Republic of Malawi.

By clicking agree, you agree to all terms and conditions above.