1. YOUR ACCEPTANCE:
- By using or visiting the The Comic Machine website or any The Comic Machine products, software, data feeds, and services provided to you on, from, or through the The Comic Machine website (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms, please do not use the Service.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.thecomicmachine.com/terms). The Comic Machine may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, scripts, graphics, photos, information and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of The Comic Machine, including but not limited to all products, software and services offered via the The Comic Machine website, such as the The Comic Machine viewer, the The Comic Machine “Motion Editor” the The Comic Machine “Text Engine” and other applications.
- The Service may contain links to third party websites that are not owned or controlled by The Comic Machine. The Comic Machine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Comic Machine will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve The Comic Machine from any and all liability arising from your use of any third-party website.
- In order to access some features of the Service, you will have to create a The Comic Machine account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Comic Machine immediately of any breach of security or unauthorized use of your account.
- Although The Comic Machine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Comic Machine or others due to such unauthorized use.
- You will not create an account if you are under 13 years of age.
- You will not use The Comic Machine if you are a convicted sex offender.
- You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
- The administration of the site reserves the right to terminate any account without notice.
4. GENERAL USE OF THE SERVICE—Permissions and Restrictions:
The Comic Machine hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service, , including but not limited to User Submissions (defined below), without The Comic Machine’s prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access User Submissions (defined below) or The Comic Machine content through any technology or means other than the Service itself.
- You agree not to use the Service for any of the following commercial uses unless you obtain The Comic Machine’s prior written authorization. Prohibited commercial uses include any of the following actions taken without The Comic Machine’s express approval:*the sale of access to the Service;*the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
*the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained
from The Comic Machine appears on the same page and is of sufficient value to be the basis for such sales.
*and any use of the Service or its related services that The Comic Machine finds, in its sole discretion, to use The Comic Machine’s resources or User Submissions with the effect of competing with or displacing the market for The Comic Machine, The Comic Machine content, or its User Submissions.
- Prohibited commercial uses do not include:*uploading original content to The Comic Machine, or maintaining an original channel on The Comic Machine, to promote your business or artistic enterprise.*any use that The Comic Machine expressly authorizes in writing.
- If you use the The Comic Machine Motion Editor, you agree that it may automatically download and install updates from time to time from The Comic Machine. These updates are designed to improve, enhance and further develop the Motion Editor and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit The Comic Machine to deliver these to you) as part of your use of the The Motion Editor.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the The Comic Machine servers in a given period of time than a human can reasonably produce in the same period by using a conventional on- line web browser. Notwithstanding the foregoing, The Comic Machine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Comic Machine reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Submissions.
- In your use of the Service, you will otherwise comply with the terms and conditions of these Terms of Service, The Comic Machine Community Guidelines, and all applicable local, national, and international laws and regulations.
The Comic Machine reserves the right to discontinue any aspect of the The Comic Machine Service at any time.
5. YOUR USE OF CONTENT:
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to The Comic Machine, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by The Comic Machine on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Comic Machine or the respective licensors of the Content. The Comic Machine and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that The Comic Machine is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Comic Machine with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Comic Machine, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. USER SUBMISSIONS AND CONDUCT:
- As a The Comic Machine account holder you may submit textual or visual content including but not limited to art, photos, stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, The Comic Machine does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Comic Machine to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to The Comic Machine, you hereby grant The Comic Machine a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the The Comic Machine Service. You also hereby grant each user of the The Comic Machine Service a non-exclusive license to access your User Submissions through the Service. You understand and agree, however, that The Comic Machine may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant The Comic Machine all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the The Comic Machine Community Guidelines, found at http://www.thecomicmachine/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- The Comic Machine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The Comic Machine expressly disclaims any and all liability in connection with User Submissions. The Comic Machine does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and The Comic Machine will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights or contravenes any applicable privacy legislation. The Comic Machine reserves the right to remove Content and User Submissions without prior notice.
7. ACCOUNT TERMINATION POLICY:
- The Comic Machine will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- The Comic Machine reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Comic Machine may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
8. COPYRIGHT POLICY:
- As part of The Comic Machine’,s copyright policy, The Comic Machine may terminate user access to the Service if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
- Include a statement telling us that you have found a content on The Comic Machine which you believe infringes your copyright (for example, “I hereby confirm that I believe the comic identified below infringes my copyright”).
- Tell us which country your copyright applies to.
- Tell us the title of the content concerned and the full URL for its page.
- Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire comic is a copy of an original work made by you, etc.)
- Identify the type (e.g. a comic, a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
- Let us have contact information so that we can get in touch with you (email address is preferred).
- Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
- Send the notice, in English, to the following address:
Attn: The Comic Machine Copyright Infringement Notification
Email: email@example.com (mailto:firstname.lastname@example.org)Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.Make sure you know whether the content that you have seen on The Comic Machine infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
- If you submit a User Submission to the The Comic Machine Service then you authorize The Comic Machine to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if The Comic Machine becomes aware of infringement of User Submissions and/or Content from the The Comic Machine Service, then The Comic Machine may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
9. WARRANTY AND CONDITION DISCLAIMER:
YOU AGREE THAT YOUR USE OF THE THE COMIC MACHINE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMIC MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING THE COMIC MACHINE) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SERVICE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. THE COMIC MACHINE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE COMIC MACHINE SERVICE. THE COMIC MACHINE EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. THE COMIC MACHINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THE COMIC MACHINE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMIC MACHINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMIC MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE COMIC MACHINE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR
IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMIC MACHINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Comic Machine makes no representations that the The Comic Machine Service is appropriate or available for use in their locations. Those who access or use the The Comic Machine Service do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless The Comic Machine, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the The Comic Machine Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the The Comic Machine Service.
12. ABILITY TO ACCEPT TERMS OF SERVICE:
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the The Comic Machine Service is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Comic Machine without restriction.
You agree that: the The Comic Machine Service shall be deemed a passive website that does not give rise to personal jurisdiction over The Comic Machine, either specific or general. These Terms of Service and any other legal notices published by The Comic Machine on the Service, shall constitute the entire agreement between you and The Comic Machine concerning the The Comic Machine Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Comic Machine’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Comic Machine reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the The Comic Machine Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND THE COMIC MACHINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THE COMIC MACHINE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.