Terms of Service
Effective Date: October 1, 2012
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Welcome to Crowded Comics. We at Crowded Comics, Inc. (individually and collectively, "CC") are committed to making CrowdedComics.com an interesting, entertaining and thought provoking forum for its users ("Users"). This website and its contents are designed to comply with U.S. laws and regulations.
1. OWNERSHIP OF MATERIALS
All Materials on this Site are provided by CC unless indicated otherwise. All intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents) in the Materials are the property of CC or their respective holders unless indicated otherwise. CC retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by CC in writing. Crowded Comics, the Site, and the logos associated with these properties are trademarks and the property of CC. All other names and trademarks are the property of their respective holders. You shall not modify, license, publish, participate in the licensing or sale, create derivative works, or in any way exploit any of the Materials, copyrights, or other property interests of Crowded Comics, in whole or in part unless expressly authorized to do so.
2. USE LICENSE
Notwithstanding the foregoing, CC hereby grants You a personal, non-exclusive, worldwide license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization or person, use, reproduce, modify only using the Site, publish, translate, prepare only using the Site derivative works based upon, distribute, perform or display any or all Materials provided on the Site, subject to the conditions that: (1) You provide conspicuous attribution to the author of the specific Material in the manner set forth on the specific Material as it appears on the Site; (2) You identify the terms of this license in any redistribution or reuse of the Materials; and (3) You do not state, imply or use CC’s trademarks to suggest, or otherwise indicate that either CC or the author of the specific Material that You use endorses or approves of You or Your use of the Material.
In no circumstance shall (1) title to any Materials found on the Site be transferred to You by the function of this license, or (2) this license, with the exception of the permission stated above to prepare derivative works, impair the moral rights of the author. Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws.
3. TERMINATION OF THIS USE LICENSE
CC may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site. CC reserves the right, in its sole discretion, to discontinue or make changes to the Site and/or Materials at any time.
4. QUALIFICATION FOR USE AND ACCESS TO SITE
To use any Materials on this Site, You must be age 13 or older. Use of the Site is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any Communications (as defined herein), use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
If You are under the age of 18, you may not use this Site, or make any user submissions to this Site, except with the involvement and verifiable consent of Your parent or legal guardian.
You may have the opportunity to provide additional information describing your credentials, professional experiences, academic background, biography and other personal information. You agree that all such information is non-confidential and non-proprietary, and may be disclosed to other users of the Site. Providing additional information beyond what is required is entirely optional. CC is not responsible for any loss, damage, or injury sustained as a result of Your voluntary disclosure of personal information in your public profile, and You agree to hold CC harmless for such loss, damage or injury.
This Site is intended by CC to require you to provide us with Your Username and a valid, working e-mail address (individually and collectively, "Your IDs") to make any Communications to the Site. You are solely responsible for (1) not allowing another person to use Your IDs to access the Site; and (2) promptly informing CC of (i) any suspected or unauthorized use of Your IDs, (ii) the intentional or inadvertent disclosure of Your IDs, or (iii) any other need to deactivate an ID or remove any Materials due to potential or actual security concerns. CC is not liable for any harm related to the theft of Your ID or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to indemnify CC for any damages or losses that may be incurred or suffered by any party, including but not limited to CC and the other users of the Site, as a result of You or Your failure to maintain the integrity of Your IDs.
6. GENERAL DISCLAIMERS
Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to You. CC and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. CC may make changes to these Materials, or to the services and/or products described therein, at any time without notice. CC makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
7. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CC SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND CC AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND CC. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, CC WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold CC, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including CC’s reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Materials, and/or (3) the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person using Your ID.
9. USER SUBMISSIONS
Unless otherwise agreed in writing prior to Your submission, You represent and warrant that: (1) any content, material, information or other communications, including but not limited to all text, captions, comments, articles, cartoons, illustrations, graphics, animations, information, images, photos, video, sound, music, profiles, works of authorship, software, software code, and other information, services and materials that You transmit or post to the Site or third party site ("Communications") are non-confidential and non-proprietary, and may be treated as such by CC; and (2) You have all rights necessary to post Communications to the Site for public viewing and use, as set forth below. CC will have no obligations with respect to the Communications, and no obligation to prosecute or to prevent any infringement of any intellectual property rights in the Communications. You agree that from time to time CC may invite or otherwise make You aware of certain educational, promotional or financial opportunities relating to Your Communications.
YOU HEREBY GRANT CC AND OUR AFFILIATES (1) A WORLD-WIDE, NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, TRANSFERRABLE, FULLY-PAID AND ROYALTY-FREE LICENSE TO USE, COPY, REPRODUCE, MODIFY, PROMOTE, PUBLISH, TRANSLATE, ADAPT, PREPARE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, PERFORM, DISPLAY, MAKE COMMERCIAL USE, OFFER FOR SALE, SELL, PROFIT FROM, EXPLOIT, STORE OR TRANSMIT YOUR COMMUNICATIONS, IN WHOLE OR IN PART (INCLUDING BUT NOT LIMITED TO ANY AND ALL DATA, IMAGES, VIDEOS, SOUNDS, TEXT, CAPTIONS, AND OTHER THINGS EMBODIED THEREIN), IN ANY FORM, MEDIA OR TECHNOLOGY KNOWN OR HEREAFTER DEVELOPED FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL PURPOSES AND ADVERTISING AND PROMOTIONAL PURPOSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND (2) THE ABILITY TO GRANT OTHER USERS OF THE SITE, WITHOUT YOUR FURTHER PERMISSION OR APPROVAL, A LICENSE WITH RESPECT TO YOUR COMMUNICATIONS AS SET FORTH IN SECTION 2 OF THESE TERMS OF SERVICE.
You hereby waive any and all claims against CC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with CC’s use and publication of such Communications. CC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.
You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which You are located. You specifically agree that You are solely responsible for your conduct on the Site. You represent and warrant that: (i) you own the Communications posted by you or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Communications does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any Communications posted by you.
We may delete, remove, or block access to any Communications that violate this Agreement or which we believe, in our sole discretion, may be offensive, inappropriate, illegal or violate the rights, harm, or threaten the safety of any person. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by Users, and CC is not responsible for any such materials posted by Users. However, CC 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 CC’s sole discretion are inappropriate, objectionable or in violation of this Terms of Service, CC’s policies or applicable law. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of Service or applicable law, or for any other reason without notice or liability.
You are solely responsible for the Communications that you post, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and have no control over the Communications. We do not necessarily review Communications prior to posting and the Communications may not reflect our opinions or policies. We make no warranties, express or implied, as to the Communications or to the accuracy and reliability of the Communications or any material or information that you transmit to other Members.
We want to keep the Site safe and fun for everyone and the use of the Site for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:
You will not post, email or make available any content such as text, information, images, software and other information, services and materials on the Site, using or through the Site, or to any users of the Site:
- in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Site;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by CC;
- to impersonate a CC employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;
- to interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage CC’s account or to monitor or copy the Site or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content and Materials transmitted through the Site or to Users; and in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Materials; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Site, including Site ID passwords or Site passwords from CC, or to proxy authentication credentials for any Member for the purposes of automating logins to the Site;
- Use any profanity in Your use of the Site;
- Use the name(s) "Crowded Comics" or "Crowdedcomics.com" or any of the slogans that appear on the Site (e.g., "Our Drawings. Your Voice.") as any part of the name of Your username or e-mail address;
- Post any Content containing child pornography to the Site. CC absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any data or information collected from Members, to law enforcement, including the National Center for Missing and Exploited Children;
- Post any Content that CC determines in its sole subjective discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any Content that CC determines in its sole subjective discretion constitutes pornography or is adult in nature;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site;
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to gain unauthorized access to CC’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to CC or the Site); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
You agree not to authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify CC in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
You are prohibited from revealing the name or other personally identifying information of any other Site user unless that individual has previously revealed his or her own name or personally identifying information in Communications sent by that user to the Site. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws.
CC reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
10. COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, CC will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, CC, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, in order to: (1) prevent unauthorized use of this Site; and/or (2) comply with any requirements of law or judicial process that are applicable to CC.
11. LINKS TO OTHER MATERIALS
Other websites that may be linked to or from the Site are not necessarily under the control of CC and CC is not responsible for, nor does it certify, the content of any linked site or any link contained in a non-affiliated linked site. CC reserves the right to terminate any link or linking program at any time. The inclusion or omission of links on the Site is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and CC shall not be responsible for notification of any change in name or location of any information of the Site. CC reserves the right to request any web site administrator to disable or remove any link that violates any rights of CC or causes interruption or deterioration of Materials provided by CC. Failure to abide by this request shall be dealt with as provided in this section.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide CC’s copyright agent the written information specified below:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit CC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying CC that your copyrighted material has been infringed.
13. APPLICABLE LAWS
This Site is controlled by CC from its offices within New York, United States. CC makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to the Site and/or the Materials from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations.
14. DISPUTE RESOLUTION
Any dispute between CC and You arising out of this Agreement shall be resolved first by direct communication with one or more of CC’s management team members. Should CC and You be unable to resolve the dispute by communication and both You and CC jointly agree to do so, CC or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of CC's headquarters. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
15. ENTIRE AGREEMENT AND AMENDMENT OF AGREEMENT
CC will occasionally update the Agreement and the Policy, and CC reserves the right, at any time, to amend this Agreement, including but not limited to those provisions relating to copyright. If we do update the Agreement, we will update the "Effective Date" at the top of the Agreement. We encourage you to periodically review the Agreement to stay informed about the Agreement and our Terms of Service. Your continued use of the Site constitutes your agreement to the Agreement and any updates.
CC keeps prior versions of the Agreement for five (5) years from the date of the most recent update.
Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. CC may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Any provision of this Agreement which, by its terms, should or would be appropriate to survive expiration or termination of this Agreement or of any rights hereunder, shall so survive.
CC may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without CC’s prior written permission. Any attempt by You to assign Your rights under this Agreement without CC’s permission shall be void and non-binding on CC.
18. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
19. FORCE MAJEURE
CC shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by CC to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond CC’s control.
You agree that, where CC is required to provide you with notice under this agreement, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following:
- e-mail to the most recent e-mail address that you have provided to CC, regardless of the current status of that e-mail address; or
- written communication delivered by first class U.S. mail to the most recent physical address that you have provided to CC, regardless of the current status of that address; or
- such other method of communication as you specifically request in writing that CC use.
CC shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.
You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.