Ownership of Site; Agreement
to Terms of Use
These Terms and Conditions of Use (the "Terms of Use")
apply to the Netcomics web site located at www.Netcomics.com,
and all associated sites linked to www.Netcomics.com by Netcomics.
The Site is the property of Netcomics and its licensors. BY
USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO
NOT AGREE, DO NOT USE THE SITE.
Netcomics reserves the right, at its sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any
time. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Site following
the posting of changes will mean that you accept and agree
to the changes. As long as you comply with these Terms of
Use, Netcomics grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, artwork and computer code (collectively,
"Content"), including but not limited to the design,
structure, selection, coordination, expression, "look
and feel" and arrangement of such Content, contained
on the Site is owned, controlled or licensed by or to Netcomics,
and is protected by copyright, patent and trademark laws,
and various other intellectual property rights and unfair
competition laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including "mirroring")
to any other computer, server, Web site or other medium for
publication or distribution or for any commercial enterprise,
without Netcomics's express prior written consent.
You may use information on Netcomics products and services
(such as online catalog) purposely made available by Netcomics
for downloading from the Site, provided that you (1) not remove
any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not
make any additional representations or warranties relating
to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy or monitor any portion
of the Site or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made
available through the Site. Netcomics reserves the right to
bar any such activity.
You may not attempt to gain unauthorized access to any portion
or feature of the Site, or any other systems or networks connected
to the Site or to any Netcomics server, or to any of the services
offered on or through the Site, by hacking, password "mining'
or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site
or any network connected to the Site, nor breach the security
or authentication measures on the Site or any network connected
to the Site. You may not reverse look-up, trace or seek to
trace any information on any other user of or visitor to the
Site, or any other customer of Netcomics, including any Netcomics
account not owned by you, to its source, or exploit the Site
or any service or information made available or offered by
or through the Site, in any way where the purpose is to reveal
any information, including but not limited to personal identification
or information, other than your own information, as provided
for by the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure
of the Site or Netcomics's systems or networks, or any systems
or networks connected to the Site or to Netcomics.
You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site
or any transaction being conducted on the Site, or with any
other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal
you send to Netcomics on or through the Site or any service
offered on or through the Site. You may not pretend that you
are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit
the performance of any illegal activity or other activity
which infringes the rights of Netcomics or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of
the Site,
of which terms are made a part of these Terms of Use by this
reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Use and the
terms posted for or applicable to a specific portion of the
Site or for any service offered on or through the Site, the
latter terms shall control with respect to your use of that
portion of the Site or the specific service. Netcomics's obligations,
if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided,
and nothing on this Site should be construed to alter such
agreements. Netcomics may make changes to any products or
services offered on the Site, or to the applicable prices
for any such products or services, at any time, without notice.
The materials on the Site with respect to products and services
may be out of date, and Netcomics makes no commitment to update
the materials on the Site with respect to such products and
services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site
may require you to open an account (including setting up an
Netcomics ID and password). You are entirely responsible for
maintaining the confidentiality of your account information,
including your password, and for any and all activity that
occurs under your account. You agree to notify Netcomics immediately
of any unauthorized use of your account or password, or any
other breach of security. However, you may be held liable
for losses incurred by Netcomics or any other user of or visitor
to the Site due to someone else using your Netcomics ID, password
or account. You may not use anyone else's Netcomics ID, password
or account at any time without the express permission and
consent of the holder of that Netcomics ID, password or account.
Netcomics cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Privacy
Netcomics's Privacy Policy applies to use of this Site, and
its terms are made a part of these Terms of Use by this reference.
To view Netcomics's Privacy Policy, click here.
Additionally, by using the Site, you acknowledge and agree
that Internet transmissions are never completely private or
secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even
if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Links to Other Sites and to the
Netcomics Site
This Site may contain links to other independent third-party
Web sites ("Linked Sites"). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked
Sites are not under Netcomics's control, and Netcomics is
not responsible for and does not endorse the content of such
Linked Sites, including any information or materials contained
on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Disclaimers
Netcomics DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. Netcomics CANNOT ENSURE THAT ANY FILES
OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. Netcomics DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Netcomics DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE
AND/OR ANY Netcomics SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST Netcomics FOR DISSATISFACTION WITH THE SITE OR ANY
CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE
PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction
of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause
of action.
Netcomics reserves the right to do any of the following, at
any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms;
and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Netcomics
be liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even
if Netcomics has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of
Use, Netcomics is found to be liable to you for any damage
or loss which arises out of or is in any way connected with
your use of the Site or any Content, Netcomics's liability
shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or
feature of or on the Site paid in the six months prior to
the date of the initial claim made against Netcomics, or (2)
US$100.00. Some jurisdictions do not allow limitations of
liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Netcomics, its officers, directors,
shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands,
loss, liability, claims or expenses (including attorneys'fees),
made against Netcomics by any third party due to or arising
out of or in connection with your use of the Site.
Violation of These Terms of Use
Netcomics may disclose any information we have about you (including
your identity) if we determine that such disclosure is necessary
in connection with any investigation or complaint regarding
your use of the Site, or to identify, contact or bring legal
action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) Netcomics's
rights or property, or the rights or property of visitors
to or users of the Site, including Netcomics's customers.
Netcomics reserves the right at all times to disclose any
information that Netcomics deems necessary to comply with
any applicable law, regulation, legal process or governmental
request. Netcomics also may disclose your information when
Netcomics determines that applicable law requires or permits
such disclosure, including exchanging information with other
companies and organizations for fraud protection purposes.
You acknowledge and agree that Netcomics may preserve any
transmittal or communication by you with Netcomics through
the Site or any service offered on or through the Site, and
may also disclose such data if required to do so by law or
Netcomics determines that such preservation or disclosure
is reasonably necessary to (1) comply with legal process,
(2) enforce these Terms of Use, (3) respond to claims that
any such data violates the rights of others, or (4) protect
the rights, property or personal safety of Netcomics, its
employees, users of or visitors to the Site, and the public.
You agree that Netcomics may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block
your future access to the Site if we determine that you have
violated these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site. You also
agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will
cause irreparable harm to Netcomics, for which monetary damages
would be inadequate, and you consent to Netcomics obtaining
any injunctive or equitable relief that Netcomics deems necessary
or appropriate in such circumstances. These remedies are in
addition to any other remedies Netcomics may have at law or
in equity.
You agree that Netcomics may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause,
which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by
you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered
on or through the Site, or (4) unexpected technical issues
or problems.
If Netcomics does take any legal action against you as a result
of your violation of these Terms of Use, Netcomics will be
entitled to recover from you, and you agree to pay, all reasonable
attorneys' fees and costs of such action, in addition to any
other relief granted to Netcomics. You agree that Netcomics
will not be liable to you or to any third party for termination
of your access to the Site as a result of any violation of
these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the
laws of the United States and by the laws of the State of
New Jersey without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the
state and federal courts in New Jersey, and waive any objection
to such jurisdiction or venue. Any claim under these Terms
of Use must be brought within one (1) year after the cause
of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will
be entitled to costs and attorneys' fees. In the event of
any controversy or dispute between Netcomics and you arising
out of or in connection with your use of the Site, the parties
shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute
within a reasonable time (not to exceed thirty (30) days),
then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation,
then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. Netcomics shall be free to use such information
on an unrestricted basis.
