PENCILJACK.COM TERMS OF SERVICE
1. Introduction
These Terms of Service ("Terms") will outline what to expect from the services offered by Penciljack.com and what Penciljack.com expects from you when you use the services.
2. Application
The Terms are applicable to all of the Web sites and services owned and/or operated by Penciljack.com, including Penciljack Forums and Penciljack Portfolios. Your use of any of these Web sites (collectively, the "Sites") and the services (the "Services") provided by Penciljack.com via the Web site are subject to these Terms and any additional terms and/or policies that may be published by Penciljack.com from time to time. All such policies are incorporated by reference into these Terms. The Terms comprise the entire agreement between you and Penciljack.com and supersede any and all prior agreements regarding the Services.
3. Acceptance of Terms
BY USING THE WEB SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE THE WEB SITE OR ANY OF THE SERVICES. These Terms will be strictly enforced and violators may, at the sole discretion of Penciljack.com, be suspended or restricted from all or portions of the Web site.
4. Description of Service
Penciljack.com offers a wide range of Services, including the capability to create, post and exchange digital image files, discussion forums and other community features. Fees, if any, for certain of the Services are set out in the Service Fees and/or FAQ areas in the applicable area(s) of the Web site. To access some of the Services, you will require a separate account and password that can be obtained by completing an online registration form. You agree that all information which you provide on such forms ("Registration Data") will be true and complete, and that you will maintain and update your Registration Data to keep this information true and complete. Penciljack.com reserves the right to terminate your account if your Registration Data is or becomes false or misleading in any respect. You agree not to hold Penciljack.com liable for any damage to, any deletion of, or any failure to store your files or data (including your Registration Data). You acknowledge that certain of the Services have a fixed upper limit on the amount of disk space that you may use, which limits are set out in the FAQ area of the Web site.
5. Privacy Statement
You agree and consent to the manner in which Penciljack.com shall use, disclose and maintain your Registration Data and other personal information, as set out in
Penciljack.com's privacy statement.
6. Grant of Limited License
By submitting (e.g. uploading) material to the Web site, you warrant to Penciljack.com that you have the full right and authority to submit such material, and that it will not infringe nor is it subject to any copyright or proprietary right of a third party. In order to operate the Web site, Penciljack.com requires certain limited rights of files posted by users. These rights do not extend to commercial applications beyond basic operation and promotion of the Web site.
By submitting (e.g. uploading) material to the Web site, you grant Penciljack.com a non-exclusive, royalty-free, and world-wide right to copy, cache, modify, publish, display, distribute, translate, store and use the material in connection with the operation of the Web site and the Services until such time as the copyright holder removes the material from Penciljack.com and its Services and notifies Penciljack.com, with 30 days written notice, that further use of the material is no longer suitable.
Such use by Penciljack.com may include, but will not be limited to, use of any information posted to the Web site to be included as part of a screen option, demonstration or brochure for the purpose of promoting the Web site, and/or the Services, and you hereby grant penciljack.com non-exclusive, royalty-free, and world-wide rights to use such material for said purposes, until such time as the copyright holder removes the material from Penciljack.com and its Services and notifies Penciljack.com, with 30 days written notice, that further use of the material is no longer suitable. You acknowledge that Penciljack.com may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Web site.
7. Backup Copies of Images and Other Materials
The Web site is neither designed nor intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Penciljack.com takes reasonable precautions to preserve and protect the material you upload to the Web site, you should not rely on the Web site as your only storage facility. You should preserve copies of any digital images or information that you have uploaded. You agree that Penciljack.com has no responsibility or liability whatsoever for failure to store or damage caused to your materials that you upload or transmit through the Web site.
8. Security of Your Account and Password
You are responsible for maintaining the confidentiality of your passwords and accounts and for any and all activities that occur under your account. You agree to immediately notify Penciljack.com of any unauthorised use of your passwords or accounts.
9. Your Conduct
Penciljack.com encourages your use of all Services and promotes the free flow of ideas and wide-ranging discussion on comic art and related issues. However, certain conduct carries potential risks to Penciljack.com and cannot be allowed. Penciljack.com therefore requires all users to comply with the following code of conduct ("Code of Conduct") in respect of the Web site:
- a.Your use of the Web site is subject to and shall comply with these Terms, all applicable laws and regulations, and community standards;
- b.You shall not upload or otherwise transmit through the Web site any material that (i) is unlawful, tortious, harassing, defamatory, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable; (ii) infringes on any third party rights; (iii) contains any virus or other harmful code that may adversely change or disrupt the Web site or any other user's equipment or software; or (iv) constitutes any form of lottery or gambling.
- c.You agree not to gain or attempt to gain unauthorized access to other computer systems via the Web site.
- d.Your right to use the Web site is personal to you. You agree not to resell or transfer any of your rights herein, without the express written consent of Penciljack.com, which consent may be withheld at Penciljack.com's sole discretion.
- e.You agree not to use the Web site for chain letters, junk mail, "spamming", or other mass solicitations (commercial or non-commercial) at any time
- f.You shall not use offensive language or engage in personal attacks on members or users of the Web site or employees of Penciljack.com. Penciljack.com is not limited in any way in determining whether a particular message or image may be offensive to a particular user or Penciljack.com in general. Examples of potentially offensive material include, but are not limited to, messages that denigrate, insult or ridicule another person, or that contain negative comments on the integrity, personality, honesty, character, intelligence, methods or motives of any person.
- g.You shall not use the Web site to plan, incite, promote or facilitate any fraudulent or other illegal activities.
- h.You agree to be bound by posted Guidelines and Etiquette relative to the appropriate content and Service areas of the Web site.
10. Content
Penciljack.com neither endorses nor assumes any liability for the content of any material uploaded or submitted by users of the Web site. The Web site acts only as a passive conduit for online storage of materials uploaded or submitted to the Web site. Penciljack.com retains the right to delete any content that it deems, in its sole discretion, to violate the Code of Conduct or any other provision of these Terms, but makes no claim to ensure that objectionable or illegal content will be removed from the Web site. You hereby consent to such removal and waive any claim against Penciljack.com arising out of such action. You acknowledge and agree that, during the course of providing the Web site, Penciljack.com may be required to grant access to a third party and/or decrypt files in response to a court order. You hereby consent to such legal production and waive any claim against Penciljack.com arising out of such court order.
11. Copyrights
The entire content of the Web site in the aggregate, with the exception of Member-owned material, is copyrighted by Penciljack.com as a collective work under copyright laws and international conventions. Any software used by Penciljack.com in connection with the Web site and the Services is also protected by applicable intellectual property laws. Portions of the Web site are provided to Penciljack.com under license. The copying, reproduction, publication or distribution of any portion of the Web site is strictly prohibited, unless expressly authorized in writing by Penciljack.com. No copyrighted material may be uploaded or submitted to the Web site by anyone without the written permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Web site. You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Web site is owned or licensed by Penciljack.com and/or other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download and/or use the material available on the Web site for your personal, non-commercial purposes or otherwise in accordance with additional terms agreed to at the time of downloading. Except as may be permitted by law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Web site. In the event of any permitted copying, redistribution or publication of copyrighted material from the Web site, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Web site. If you believe a work on the Web site constitutes infringement of your copyright or other intellectual property rights, please provide the following information by
e-mailing the Webmaster- (a)evidence of your authorization to act on behalf of the owner of the copyrighted work;
- (b)a description of the copyrighted work that you claim has been infringed;
- (c)a description of where the alleged infringing material is located on the Web site;
- (d)your address, telephone number, and email address;
- (e)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
12. Trade-marks
Penciljack.com and all related indicia, graphics and logos are marks of Penciljack.com (the "Penciljack Marks"), whether or not registered. Without prior written permission of Penciljack.com you agree not to display or use the Penciljack Marks
13. Notices
Notices regarding modifications to these Terms of Service shall be made by means of Announcements in all public Penciljack Forums.
14. Access to Third Party Web sites
Penciljack.com is not responsible for, makes no warranty or representation regarding, and will not be liable for, any damages resulting from the products, services, content or any other aspect of any third party Web site available through the Web site. If you decide to access any such third party Web site, you do so entirely at your own risk.
15. Modifications of Terms
Penciljack.com reserves the right to change these Terms from time to time. Such changes, modifications, additions or deletions shall be effective immediately, upon notice thereof, which may be given in accordance with Section 13 of these Terms. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, to review these Terms and the Privacy Statement periodically and to be aware of any modifications. Your continued use of the Web site after notification in accordance with Section 13 hereof of such modifications will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
16. Modifications to Web sites
Penciljack.com reserves the right to modify or discontinue all or any portion of the Web site, including any features therein at any time with or without notice to you. Penciljack.com shall not be liable to you or any third party should Penciljack.com exercise such right. Modifications may include, but are not limited to, changes in the structure, the addition of fee-based services or changes to limitations on allowable file sizes.
17. Indemnification
You agree to defend, indemnify and hold Penciljack.com, its subsidiaries, affiliates, directors, officers, employees, agents and partners harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Web site and/or the Services, any content you submit, download or transmit through the Web site, or your violation of these Terms. This includes, but is not limited to, any claims for violation of any copyright, any claims that cause direct or indirect damage or harm to a third party trademark or other intellectual property rights, or any claim of defamation, slander or libel.
18. Termination
You agree that Penciljack.com may, in its sole discretion, terminate, suspend or restrict your access to all or part of the Web site or Services for any reason, including, without limitation, breach of the Code of Conduct or any other provision of these Terms. Any suspected fraudulent, abusive or illegal activity shall be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Should you object to the Terms or any subsequent modifications thereto or become dissatisfied with the Web site in any way, your only recourse is to immediately discontinue use of the Web site and explicitly notify Penciljack.com that you wish to terminate your registration and be removed from any registration database(s). You may notify Penciljack.com customer service by by
e-mailing the Webmaster with the subject line "Terminate my Penciljack Service."
19. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PENCILJACK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PENCILJACK.COM MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES PENCILJACK.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. PENCILJACK.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE.
20. Limitation of Liability
PENCILJACK.COM, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF PENCILJACK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. Miscellaneous
The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America, excluding its conflict of law provisions. You agree to submit to the non-exclusive jurisdiction of the courts located in the Commonwealth of Kentucky, United States of America. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Penciljack.com's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by Penciljack.com in writing. You agree that you may initiate any cause of action arising out of or related to your use of the Web site must commence within one (1) year after the cause of action arose. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Penciljack.com's prior written consent.
