Terms of Service
We request that people who want to post comments on ComicMix.com follow our simple procedures.
There’s legal language nearby. Here’s the plain English: no libel, slander, no lying, no fabricating, no threats of any kind, no bathroom humor, and no spam. We expect heated, robust debate, but comments should be polite and civil. We consider this to be public space so behave and write accordingly.
ComicMix.com absolutely reserves the right to remove posts we think break any of the rules or the spirit of the rules and we reserve the right to ban individuals from commenting.
Comments should be limited to the topic of the original posting. Please take private conversations to private e-mail.
We require everyone who comments to register and provide a real e-mail address. Posting comments is not the same thing as complaining to ComicMix or notifying ComicMix of a problem.
Very important: if you see a comment that you feel is inappropriate, let us know by clicking on the “comment complaint” or “report this complaint” button.
ComicMix.com Terms of Service
This site (the “Site”) is operated by ComicMix LLC (“ComicMix”). It is intended for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.
ComicMix reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
USE OF MATERIALS CONTAINED ON THIS SITE
The Site contains material that is derived in whole or in part from material supplied by ComicMix and other sources, and is protected by U.S. and international copyright, trademark and other laws. No material (including but not limited to the content, graphics, text, images, audio and/or video, design, organization, compilation, advertising, and all other matters relating to this website, including without limitation, the “look and feel” of the website) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, rearranged, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of ComicMix’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without ComicMix’s express written consent is prohibited.
ComicMix does not accept or consider creative ideas, suggestions or materials other than those ComicMix has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by ComicMix’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of ComicMix. None of the Information shall be subject to any obligation of confidence on the part of ComicMix and ComicMix shall not be liable for any use or disclosure of any Information. ComicMix shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
BULLETIN BOARDS, COMMENT THREADS, CHAT ROOMS, POSTINGS
The Site may include bulletin boards, comment threads, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Bulletin Boards”). In order to post any materials on certain Bulletin Boards, you will be required to register and provide a valid e-mail address. Registration will require that you enter an agreement to abide by all requirements that may be set out for participation in particular Bulletin Boards, in addition to your existing agreement to abide by these Terms of Service.
ComicMix does not control the material delivered to Bulletin Boards, and ComicMix has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of ComicMix. In no event shall ComicMix assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. ComicMix reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, ComicMix reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in ComicMix’s sole discretion are objectionable or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting ComicMix a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, exploit, sublicense, adapt, transmit, publicly perform or display any such communication
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this Site that you do not:
1. Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
2. Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
3. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, or pornographic information of any kind, including images and language;
4. Post any message that solicits gambling or engage in any gambling activity;
5. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
6. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
7. Post any defamatory, libelous or harassing messages, information or material;
8. Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
9. Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes;
10. Try to gain unauthorized access to the Services, other users’ accounts, or computers connected to the Services though password mining or other means;
11. Interfere with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
ComicMix provides rules for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by ComicMix and in conjunction with third parties. These Terms of Service are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Service and specific rules, the rules for the activity in which you choose to participate shall govern.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by ComicMix, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and ComicMix does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, ComicMix is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither ComicMix nor any of its subsidiaries and affiliates will be resonsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall ComicMix assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, ComicMix will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
TERMINATION OF THE SERVICES
ComicMix may terminate the Site or any services included on or through the Site at any time with or without cause or notice. ComicMix shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel any your subscription to ComicMix newsletters by following the directions provided in each newsletter to which you have subscribed.
COMICMIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY COMICMIX ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that ComicMix’s sole and exclusive maximum liability arising from any product sold by ComicMix on the Site shall be the price of the product ordered.
IN NO EVENT SHALL COMICMIX, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, ComicMix shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ComicMix shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ComicMix will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify ComicMix’s acceptance of your order, nor does it constitute confirmation of ComicMix’s offer to sell. ComicMix reserves the right at any time after receipt of your order to accept or decline your order for any reason. ComicMix reserves the right at any tme after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment. ComicMix may require additional verifications or information before accepting any order. ComicMix may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions.
You agree to indemnify, defend and hold harmless, ComicMix, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. ComicMix reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ComicMix in asserting any available defenses.
LIMITATION OF LIABILITY/DISCLAIMER
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER ComicMix NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that ComicMix is not liable for any defamatory, offensive or illegal conduct of any user.
ComicMix also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site.
ComicMix does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA),
Notice of the claimed infringement must be submitted to the Site’s Designated Agent.
Service Provider: ComicMix LLC
Designated Agent: Brian Alvey
Address of Designated Agent: ComicMix LLC 304 Main Avenue, Suite 194 Norwalk, CT 06851
E-mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit the service provider 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.
5. 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.
6. 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.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
ComicMix makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effort to any principles of conflicts of law. You agree that the state or federal courts located in Connecticut, Connecticut shall have exclusive jurisdiction of any lawsuit arising in connection with these Terms of Service or your use (or nonuse) of the Site.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service is found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The US Federal Trade Commission has issued new rules and guidelines for bloggers [PDF link] who accept products of value and cash payments as a quid pro quo for product mentions and reviews. ComicMix believes it is important to be forthright and transparent about our policies, our expectations of ourselves, and our obligations to our readers.
Any compelling evidence of “payola” or inappropriate compensation should be brought to the attention of ComicMix management immediately.
Hardware and software products, printed materials, DVDs, and various promotional copies are often provided for ComicMix review by vendors. This is necessary for our writers to cover these products. Vendors generally do not want to have the materials returned and it is usually left to us to determine how to dispose of them.
Most importantly, we here at ComicMix do not consider ourselves second class citizens, and do not consider ourselves bound by rules regarding disclosure that do not apply equally to all forms of media. So as soon as the FTC starts applying their disclosure rules to television stations, radio stations, magazines, and newspapers, we’ll comply. Until then– they can go pound sand.