Terms of Service
Please read this Agreement carefully before accessing or using the Webcomics.com (“Website”). By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you don’t agree to all the terms and conditions, then you may not access the site or use any services offered.
1. Your Webcomics.com Account. If you register with Webcomics.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the username.
2. Responsibility of Contributors. If you post a comment, you are entirely responsible for the content of, and any harm resulting from, that content. You agree that said content does not infringe on any IP rights, contain any harmful or destructive content, is not spam, and does not contain threats or incite violence.
By submitting Content to Webcomics.com, you grant Webcomics.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Content of Webcomics.com. If you delete Content, Webcomics.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Webcomics.com has the right (though not the obligation) to, in Webcomics.com’s sole discretion (i) refuse or remove any content that, in Webcomics.com’s reasonable opinion, violates any Webcomics.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Webcomics.com’ sole discretion. Webcomics.com will provide a prorated (based on unused months) refund of the annual subscription fee paid if (ii) occurs.
3. Fees and Payment. By becoming a member you agree to pay Webcomics.com the annual subscription fees indicated for that service. Payments will be charged on the day you sign up, and will cover the use of that service for an annual period as indicated.
4. Responsibility of Website Visitors. Webcomics.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Websites Webcomics.com links to, and cannot therefore be responsible for that material’s content, use or effects. Webcomics.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website or linked website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website or linked website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Webcomics.com disclaims any responsibility for any harm resulting from the use by visitors of the Website or linked website, or from any downloading by those visitors of content there posted.
5. Copyright Infringement and DMCA Policy. You may not reproduce the subscription content of Webcomics.com in any other format or venue. Sharing content outside of the Webcomics.com Web site is grounds for immediate termination. As Webcomics.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Webcomics.com violates your copyright, you are encouraged to notify Webcomics.com. Webcomics.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
5a. Intellectual Property. This Agreement does not transfer from Webcomics.com to you any Webcomics.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Webcomics.com. Webcomics.com and the Webcomics.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Webcomics.com or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Webcomics.com or third-party trademarks.
6. Changes. Webcomics.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Webcomics.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Webcomics.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. If you wish to terminate this Agreement or your Webcomics.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is”. Webcomics.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Webcomics.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will Webcomics.com or its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Webcomics.com under this agreement during the twelve (12) month period prior to the cause of action. Webcomics.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
11. Indemnification. You agree to indemnify and hold harmless Webcomics.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12. Webcomics.com cannot guarantee success. Advice, tutorials and general information is offered on the site, however, your implementation may yield very different results — for several reasons including the overall quality of your work itself.
13. Miscellaneous. This Agreement constitutes the entire agreement between Webcomics.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Webcomics.com, or by the posting by Webcomics.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Philadelphia County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Philadelphia, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Webcomics.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns