Terms of Service

Welcome to Indie Comics Live (indiecomicslive.com), a live-auction platform for indie comics, art books, and trading cards operated by Divinity Comics Inc., an Indiana nonprofit corporation (“Divinity Comics,” “we,” “our,” or “us”). Indie Comics Live is a wholly operated subsidiary brand of Divinity Comics Inc. These Terms of Service (“Terms”) govern your access to and use of indiecomicslive.com, our services, applications, and related tools (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use Indie Comics Live.

1. What Indie Comics Live Is

Indie Comics Live is a marketplace where approved sellers (“Sellers”) host live video auctions and buyers (“Bidders”) bid on individual lots in real time. We facilitate these interactions but do not own or warrant the items being sold.

We are not a bank, escrow service, or store of record. Sellers are responsible for the items they list and for fulfilling shipping and post-sale obligations to bidders.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old;
• Have the legal capacity to form a binding contract;
• Not be barred from using the Services under applicable law.

Sellers are subject to additional verification under the Seller Responsibility Agreement.

3. User Accounts

To use most features, you must create an account. You agree to:

• Provide accurate and up-to-date information;
• Maintain the security of your account credentials;
• Be responsible for all activity conducted under your account.

We may suspend or terminate accounts that violate these Terms, our Content Guidelines, or applicable law.

4. Live Auctions and Sales

Auctions on Indie Comics Live operate as live, time-bounded sales events with anti-snipe (soft-close) extensions. By placing a bid:

• You make a binding offer to purchase the lot at the bid amount, plus any applicable shipping, taxes, and fees;
• If you are the highest bidder when the lot closes, you authorize us to charge your saved payment method automatically (a “merchant-initiated transaction”);
• You are responsible for reading each lot description, the seller’s shipping policy, and any pinned chat disclosures before bidding.

Bidder obligations are detailed in the Bidder Agreement.

5. Seller Obligations

Approved Sellers agree to:

• Accurately describe each lot, including condition and grading;
• Ship within their stated handling window;
• Honor chargebacks and refund obligations, including holding a seller chargeback recovery card on file (see the Chargebacks Policy);
• Comply with our Content Guidelines and, where applicable, the NSFW Policy.

6. Fees, Payments, and Rolling Reserves

Indie Comics Live charges sellers a platform fee plus payment-processing fees on each successful sale. Fees are disclosed during onboarding and may vary by category.

6a. PaymentCloud Rolling Reserve

PaymentCloud is the merchant processor of record for Indie Comics Live. PaymentCloud may require a rolling reserve on certain seller accounts to protect against chargebacks, refunds, and other disputes. By accepting payouts through PaymentCloud, sellers agree:

• Amount:Up to 10% of gross sales may be placed in escrow, calculated on the seller’s gross before platform fees;
• Duration:Reserves are typically held for 180 days from the date of sale and released to the seller’s payout account at the end of that window;
• Auto-trigger: Sellers exceeding category-specific gross thresholds (typically $2,500/month) may be automatically subject to a reserve;
• Manual flag: New sellers, sellers with limited fulfillment history on the platform, and sellers in higher-risk content categories may be flagged regardless of volume;
• Chargeback offset:If chargebacks occur, Divinity Comics Inc. and PaymentCloud may use the reserve and the seller’s on-file chargeback recovery card to recoup losses before the remaining reserve is released.

7. Seller Verification & Due Diligence

We conduct KYC and due diligence on every Seller before approving them to host auctions. Our process includes:

• Identity verification: Government-issued photo ID and (where applicable) a Secretary of State business filing;
• Cross-platform audit: We review prior selling history on Whatnot, eBay, Kickstarter, Indiegogo, and other platforms;
• Fulfillment history: We review buyer reviews, comments, and public feedback;
• Payout verification: Sellers must complete PaymentCloud bank-account setup and place a chargeback recovery card on file.

Automatic disqualification. Applicants are automatically declined if they have three or more unfulfilled campaigns on any crowdfunding or auction platform, or any campaign more than one year past its stated delivery date regardless of current fulfillment status.

8. Prohibited Activities

You may not:

• Break any laws while using the Services;
• Engage in shill bidding, wash trading, or other auction fraud;
• Abuse, harass, dox, or impersonate other users;
• Launder money or facilitate financial misconduct;
• List items prohibited by our Content Guidelines;
• Upload malware or attempt to disrupt the Services.

9. Intellectual Property

Sellers retain ownership of content they post, but grant us a worldwide, non-exclusive, royalty-free license to host, display, re-encode, and distribute that content on the Services and to archive recordings of live shows.

10. Platform Rights

We may, at our sole discretion:

• Remove content that violates these Terms or applicable law;
• Suspend or terminate accounts;
• Modify or discontinue features;
• Refuse service.

11. Disclaimers

The Services are provided “as is.” We do not guarantee item authenticity, seller performance, delivery, or platform uptime.

12. Limitation of Liability

To the fullest extent permitted by law, Divinity Comics Inc. is not liable for losses related to seller failures, item disputes, delays, or unfulfilled orders. Our total aggregate liability shall not exceed the platform fees paid by you to us in the prior 12 months.

13. Dispute Resolution

You agree to resolve disputes through binding arbitration, not in court, and you waive class-action rights to the extent permitted by law. Local consumer rights may apply based on your jurisdiction.

14. Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflicts of law principles.

15. Changes to These Terms

We may update these Terms at any time. We’ll notify users by email or in-app notice. Continued use after changes means you accept the updated Terms.

16. Contact

Divinity Comics Inc.
Email: support@indiecomicslive.com
Website: https://indiecomicslive.com