WebComics Services ("Webcomics","Services") are provided by Sidewalk Group. ("We" ,"Our", "WebComics") to you ("User" or "Users").
2.You should occasionally check the most updated version (found at http://api.webcomicsapp.com/api/disclaimer/index), though we will make an effort to notify you when significant changes are made to these Terms of Service. WebComics Media, in its sole discretion, may change or revise these Terms of Service any time. The effect of the changes and revisions will take place after 7 days from the date of posting. No part of these Terms of Service is to be considered to confer any third party rights.
3.In an instance where our Services are used for a business, that business acknowledges these terms. WebComics Media and its employees, agents, and officers are to be held harmless and indemnified by the business from any action, claim, or suit stemming from or with relation to the usage of the Services or violation of these terms, including any expenses or liabilities arising from damages, claims, losses, suits, judgments, attorneys' fees and litigation costs.
1.Each and every user of WebComics Media's Services, which also includes contributors of Content to the Service, are subject to these Terms of Service. Scripts, graphics, photos, sounds music, videos, text, software, interactive features, audiovisual combinations and all other Content that may be accessed through or contributed to the Service are included in the “Content”. All parts of any WebComics Media product, including services and software provided by the WebComics app, WebComics website, Share, Subscribe, RSS and Embed features, Dashboard and other applications are included in the “Service”.
2.Links to third party websites which are not owned by WebComics Media may be included in the Service. WebComics Media does not assume any responsibility for, and does not have control over, the privacy policies, practices, or content of any third party websites. Moreover, any third-party site content cannot be and will not be censored nor edited by WebComics Media. In using the Service, you relieve WebComics Media from all liabilities that may arise from usage of third-party websites.
3.As a result, we urge you to read the terms and conditions and all other policies of all other websites you visit when you leave a WebComics Media Service.
WebComics Media User Accounts
1.You will have to register a WebComics Media user account to access some features of WebComics Media Services. Unauthorized usage of another user’s account is never allowed. You should provide complete and accurate information when you register a user account. You take sole responsibility for all activities that takes place in your account; therefore, keep your account password secured at all times. Contact and notify WebComics Media right away in case of unauthorized use or security breach of your account.
2.Besides WebComics Media not being liable for any losses incurred through unauthorized usage of your account, you may in fact be liable for WebComics Media’s losses incurred or others due to unauthorized use.
Ability to Accept Terms of Service
1.You acknowledge that you are at least 13 years of age, and competently able to enter into the terms, conditions, representations, obligations, warranties and affirmations brought forth in these Terms of Service, and to abide by and follow these Terms of Service.
2. You acknowledge that you are at least 13 years of age, as people under 13 are not intended to be using the Service. Please do not use the Service if you are under 13.
General Use of the Service
WebComics Media gives you permission to access and use their Services as brought forth in these Terms of Service, as long as:
1.No part of the Service are to be modified nor changed by you.
2.By using the Embed feature on your website, you are not allowed to modify, change, add upon, or prevent any parts or functionality of the Embed feature, including but not limited to links back to the WebComics website.
3. You agree by using the WebComics Media Uploader that it may automatically download and install updates occasionally from WebComics Media. The purpose of these are to improve and further develop the Uploader. These may be bug fixes, function enhancements, new software modules and completely new versions. You agree to receive such updates (and permit WebComics Media to deliver these to you) immediately as part of your use of the Uploader.3. You agree by using the WebComics Media Uploader that it may automatically download and install updates occasionally from WebComics Media. The purpose of these are to improve and further develop the Uploader. These may be bug fixes, function enhancements, new software modules and completely new versions. You agree to receive such updates (and permit WebComics Media to deliver these to you) immediately as part of your use of the Uploader.
4. You are agreeing not to use automated systems, including but not limited to“offline readers”, “robots”, or “spiders”, that accesses the Service by attempting to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that WebComics Media offers to users.
5.Notwithstanding the foregoing, WebComics Media allows the operators of public search engines to use spiders to copy Content from the site for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. WebComics Media reserves the right to revoke these exceptions either generally or in specific cases.
6.You agree not to collect personally identifiable information from the Service, including user account names, nor to use the communication systems provided by the Service (e.g., comments, posting) for commercial solicitation purposes.
7.You shall comply with all applicable laws in your use of the Service.
8.WebComics Media reserves the right to discontinue any part of the Service at any time.
Your Content and Conduct
1.You may submit Content to certain WebComics Media Services (e.g. comics, images, animated gifs, links and user comments) as a WebComics Media product account holder. You understand that WebComics Media does not guarantee any confidentiality with respect to any Content you submit.
2.You are solely responsible for your own Content and the consequences of submitting and publishing your Content on a WebComics Media Service.
3.By submitting and/or publishing Content through the Service, you hereby affirm, represent, and warrant that you (1) have the necessary licenses, rights, consents, and permissions to do so; and (2) all such Content are your original works and have not been copied, in whole or in part, from another work and do not misappropriate, infringe, or violate any copyright, trademark or other proprietary right of any other person or entity.
4.You also agree that you will not submit Content to a WebComics Media Service that contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission or are legally entitled to post the Content and to grant WebComics Media all of the license rights.
5.You also agree that the Content you submit to the Service are not against or contrary to the WebComics Media Content and Community Guidelines, found at http://api.webcomicsapp.com/api/disclaimer/serverIndex, which may be occationally updated, or contrary to local, national, and international laws and regulations.
6.WebComics Media does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WebComics Media expressly disclaims any and all liability in connection with Content. WebComics Media does not allow copyright infringing activities and infringement of intellectual property rights on the Service, and WebComics Media will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WebComics Media reserves the right to remove Content without prior notice.
Content and Community Guidelines
1. Here are a few easy-to-understand rules:
a.Respect copyright: You may only upload content you made or have permission to use. You take full responsibility for all activities associated with your account, including any content you post.
b.Criticize constructively: When feedback is done with respect, it can be a great tool to make new friends and help others improve. Rather than a destructive way, share your thoughts constructively and focus on the content too rather than the creator
c.Prevent bullying: Promote friendship. Encouraging bad behaviour (e.g. abusive, demeaning, threatening) within the community will not be tolerated. Do not ask your subscribers or friends and/or mobilize your social media followers to harass someone on other sites (like Tapas) or elsewhere.
d.Protect privacy: Unauthorized sharing of someone's personal details will not be allowed. This includes sensitive information such as real names, photos, phone numbers, home or email addresses, private conversations, and/or other safety-compromising information.
2.Examples of strictly prohibited content include:
a.Content we consider to be dangerous or those which encourage illegal or injurious activities, like provoking others to commit violent, destructive, self-sabotaging acts.
b.Content that are hateful and promotes or encourages violence or discrimination against a person or group based on race, cultural or ethnic background, creed, disability, sexual orientation or gender identity, and so on.
c.Content with malice which exposes users to harmful websites or software. You are responsible for the safety and validity of all outgoing links you post.
WebComics Media does not claim ownership rights of your Content. Your Content are yours and WebComics Media does not restrict you from using your Content for any purpose, unless stated in additional terms for other programs WebComics Media may provide.
1. By enabling WebComics Media to make your Content available on our platforms, you grant WebComics Media an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
2. You may be compensated for Content published through one or more of our platforms if you have agreed to participate in one or more of WebComics Media's Programs, defined herein the document. WebComics Media does not claim ownership right in your Content when you participate in our WebComics Media Programs.
3. Unless you give us permission, WebComics Media will not redistribute nor sell your Content to third party licensees. Advertisements on WebComics Media platforms from direct advertisers or third parties may be served with Content. In an instance where WebComics Media offers an opportunity for Content owners to potentially benefit from compensation outside of WebComics Media platforms, such as licensing for merchandising, publication through non-WebComics Media channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
4.For the purpose of promoting, publicizing, marketing and furthering the success of your Content and WebComics Media as a whole, you allow WebComics Media an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a WebComics Media platform, or give to WebComics Media, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
WebComics Media Programs
1.Ad Revenue Program
a.When users visit our website, direct advertisers or third-party advertising companies are used to serve ads. Except for your name, address, email address or telephone number, these companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
2.Virtual Currency and Purchases
a.Viewing content on WebComics Media's platform(s) may give you an opportunity to visit an in-app or online store. By accessing these stores, you may have the opportunity to use an online "currency" to license various virtual goods, such as episodes of a story. You may also be awarded virtual Coins or other currencies to use for virtual "shopping." These currencies do not have a "real world" value, but may be exchanged for designated items. Some items have expiration dates while others do not. Items obtained by using virtual currencies will be added in your account until before the item's expiration date, your account's expiration or termination date, or such a time when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP/ RIGHTS IN THE ITEMS OBTAINED WITH THE VIRTUAL CURRENCY. WebComics Media does not have any liabilities for loss of your items from your account, but will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Prices and availability of the items are subject to change without prior notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any WebComics Media platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including "real" money) or otherwise. You further agree that any virtual currency you receive on any of WebComics Media's platforms is not "real" currency or any type of real world financial instrument. Furthermore, it is not redeemable for any sum of money from WebComics Media at any time.
b.WebComics Media is thankful for your support in using our services. WebComics Media would not have been able to provide you the services we have built and improved upon since 2012 without your participation and purchases . Your purchases and trust, most importantly, are very significant for us and we truly want your experience to be the best possible.
c.WebComics Media does not own the content we license to our readers in most cases. With that being the case, there may be times when the content you have paid to view is removed by the content owners from our platform before you have had a chance to view it. If you have made a purchase to view content that is removed within 7 days of your purchase and haven’t had the chance to view it, please contact [email protected]
with the subject CONTENT REMOVED BEFORE VIEWED, and we will cooperate with you to replace your unlocked and unread episodes for WebComics Coins.
1.You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to WebComics Media via email at [email protected]
2.Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to WebComics Media, the program or any other users (in each case as determined by WebComics Media's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
3.WebComics Media will terminate a user's access to the Service if the user is identified to be a repeat infringer, under appropriate circumstances, .
4.WebComics Media reserves the right to decide whether Content violates these Terms of Service for reasons besides copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. WebComics Media at any time, without prior notice and in its sole discretion, reserves the right to remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to 1603 Wanghai Road,Plan Ⅱ of Software Park,Siming District,Xiamen City,Fujian Province,China or by email with the subject line "Copyright" to [email protected]
in writing (see 17 U.S.C 512(c)(3) for further detail):
a.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b.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;
c.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 sufficient to permit the service provider to locate the material;
d.Information sufficient to allow the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e.A statement that you have 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; and
f.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By failing to comply with all of the requirements of this Section, you acknowledge that your DMCA notice may not be valid.
Warranties and Disclaimers
1. WebComics Media will not make specific promises about the Service other than as expressed in these terms or in additional terms; for example, WebComics Media will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. The Service is provided by WebComics Media AS IS.
2. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release WebComics Media and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any WebComics Media Service (including but not limited to participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or another theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Limitation of Liability
1.The Service will be governed, construed and interpreted under the laws of the United States. Members are bound by these Terms of Service and by the decisions of WebComics Media, which are all final. WebComics Media reserves the right to discontinue or suspend user accounts and any benefits should viruses, bugs, unauthorized human intervention, or other causes beyond our control affect the administration, security, or proper handling of the benefits, or WebComics Media otherwise becomes incapable of running the program as planned, as determined in its sole discretion. In the instance of bankruptcy, WebComics Media reserves the right to deny all benefits and obligations that it may have.
2.WebComics Media will not be responsible for lost profits, revenues, or data/financial losses, or indirect, special, consequential, exemplary, or punitive damages when permitted by law.
3. To the extent permitted by law, the total liability of WebComics Media for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service.
4.In all cases, WebComics Media will not be liable for any losses nor damages that is not reasonably foreseeable.
5.Further agreements between you and WebComics Media supersede these Terms of Service, in case of conflicts or inconsistencies.
For questions about these Terms of Service, send an e-mail to [email protected]