License of Rights
As the author of a comic or book, you're giving Black Valley Comics the right to distribute and sell your work digitally and in book or comic form worldwide for a certain amount of time. They can also use selections from your work to promote it without charging you. This could include broadcasting videos on online platforms or at events, but they'll talk to you about it first and get your approval. You still have all the other rights to your work that haven't been explicitly given to Black Valley Comics in writing.
Sales Expectations
It's important to understand that when you work with Black Valley Comics as a distributor, there's no guarantee that your book or comic will sell a certain number of copies. They can't control the decisions of book buyers, so they can't promise a specific level of sales. If sales don't meet your expectations, Black Valley Comics isn't responsible or liable for that.
Publicity
Black Valley Comics has the right to share information about the Author or the Work for advertising purposes. The Author agrees to let Black Valley Comics distribute free promotional copies of the book as needed and approved by the Author.
Author's Promises and Protections
Author's Warranties and Indemnities
- The Author promises and assures Black Valley Comics that they are the sole owner of the Work and all rights granted to Black Valley Comics.
- The Author affirms that they have not assigned, pledged, or otherwise encumbered the rights to the Work.
- The Author asserts that they have full power to enter into this Agreement.
- The Author guarantees that the Work and all rights therein are free of liens, claims, or interests of any kind.
- The Author attests that the Work is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured.
- The Author warrants that the Work does not violate or infringe upon any personal or proprietary rights including without limitation privacy rights, contract rights, or publicity rights of any other persons or entities.
- The Author guarantees that the Work is not libellous or obscene.
- The Author warrants that the Work does not infringe upon any statutory or common law copyright.
- The Author ensures that any information contained in the Work is accurate and any recipe, formula, or instruction contained in the Work is not injurious to the reader or to any other party.
If any claim, action, or proceeding based upon an alleged violation of any of these warranties is made, Black Valley Comics will have the right to defend the same through counsel of its own choosing. No settlement will be effected without the prior written consent of the Author, which consent will not unreasonably be withheld. The Author will hold harmless the Publisher, any seller of the Work, and any licensee of a subsidiary right to the Work against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the Author will indemnify the Publisher against the entire expense (including reasonable counsel fees) attributable to such defense or settlement. If any such claim, action, or proceeding is instituted, Black Valley Comics will promptly notify the Author, who will fully cooperate in the defense thereof, and Black Valley Comics may withhold payments of reasonable amounts due the Author under this or any other agreement between the parties. These warranties and indemnities will survive the termination of this Agreement.
Permission for Copyrighted Material
If the Author includes any copyrighted material in the Work, Black Valley Comics will make an effort to obtain permission to use it in the book. However, there is no guarantee that permission will be granted, and Black Valley Comics is not liable if it cannot be obtained. The cost of obtaining permissions will be factored into the price of the book.
Suits for Infringement of Copyright
If someone infringes the copyright of the Work and both the Author and Black Valley Comics decide to take legal action together, they will share the expenses and any recoveries equally. If they don't proceed jointly, either party has the right to pursue the legal action individually. In such cases, the party initiating the action will be responsible for the expenses, and any recoveries will belong to that party. If the party initiating the action doesn't hold the copyright, the other party consents to allow the legal action to be brought in their name.
Term of Agreement
This Agreement and the licenses granted will continue indefinitely until terminated by either party. The Author or the Publisher may terminate this Agreement with or without cause. However, after termination is approved, the work will only be removed after two months. The contract for the work will end once the comic or work is complete, but it will remain published on the Black Valley Comics platform as long as it is running, and the authors will receive their revenues based on the contract stipulation. The contract's working periods are 6 months, 1 year, and 2 years.