Date of Last Revision: April 1, 2008
Welcome to TheReelComic. By accessing or using our web site at www.TheReelComic.com (the “Site”), you (“You” or “User”) signify that You have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not You are a registered member of the Site. The Site includes all aspects of www.TheReelComic.com, including, but not limited to, TheReelComic channels, TheReelComic “Embeddable Player” and TheReelComic “Uploader.” We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms of Use. If You do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is Your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. The Site is for entertainment purposes only and is intended to make people laugh. It is not intended to offend. However, jokes often, by their nature, make one person laugh, yet offend another. We created the Site to entertain people and not to offend them. That being said, You understand that when using the Site, You will be exposed to User Content (as defined below) from a variety of sources, and that The Reel Comic is not responsible for the commentary, opinions, or sentiments expressed therein. The Reel Comic endorses laughter, generally, but does not endorse or subscribe to the commentary, opinions or sentiments set forth in any such User Content. The opinions set forth in any User Content are the opinions of the creator of the User Content, and do not reflect the opinions of the Reel Comic. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. Certain User Content may contain mature subject matter, so parents should monitor the use of the Site by minors. The Site provides Users with the ability to label User Content that may contain mature themes, however, The Reel Comic does not review all User Content to determine if all such Content is appropriately labeled. If You find User Content that contains mature themes but is not appropriately labeled, please contact The Reel Comic via one of the methods set forth herein. If You are easily offended, You should only view User Content with which You are familiar and which You do not believe You will find offensive.
Eligibility
Membership in the Site is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, You represent and warrant that You are thirteen (13) or older, and that You agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of Your use of the Site, You agree to (a) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of Your password and identification; (c) maintain and promptly update the Registration Data, and any other information You provide to The Reel Comic, to keep it accurate, current and complete; and (d) be fully responsible for all use of Your account and for any actions that take place using Your account.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), is the proprietary property of The Reel Comic, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Reel Comic's prior written permission, except that the foregoing does not apply to Your own User Content (as defined below) that You legally post on the Site. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Except for Your own User Content, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Conduct
You understand that except for advertising programs offered by us on the Site, the Site is available for Your personal, non-commercial use only. You represent, warrant and agree that materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Site will be original material created by You and will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), or contain libelous, defamatory, threatening or otherwise unlawful material. You agree to accept responsibility for all activities that occur under Your account or password. In addition, You will be financially accountable for all use of the Site by You and anyone using Your password and login information, with or without Your consent.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, and other content that You upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that You did not create or that You do not have permission to post. You understand and agree that The Reel Comic may, but is not obligated to, review the User Content or other postings and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of The Reel Comic violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
When You post User Content to the Site, You authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, You waive all moral rights to such User Content, and automatically grant, and You represent and warrant that You have the right to grant, to The Reel Comic an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense through multiple tiers) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose included on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The foregoing grant includes the right to use Your name, picture, likeness and voice for commercial purposes. The Reel Comic has no responsibility for the content of any videos or other materials uploaded, posted, distributed, or transmitted by Users of the Site. The Reel Comic reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request. User Content may, at the sole discretion of The Reel Comic, be removed from any contests run or sponsored by The Reel Comic without any notice to the user who posted such Content. If You use TheReelComic Uploader, You agree that it may automatically download and install updated from time to time from the Site. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Site to deliver these to You) as part of Your use of the Uploader.
Copyright Complaints
The Reel Comic respects the intellectual property rights of others and The Reel Comic prohibits users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When The Reel Comic receives proper “Notification of Alleged Copyright Infringement” as described below, The Reel Comic will promptly remove or disable access to the allegedly infringing material and may terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to The Reel Comic’s Designated Agent. Please see below for more information on how to report infringement of Your copyright.
Notification of Alleged Copyright Infringement
If You believe that Your own copyrighted work is accessible on the Site in violation of Your copyright, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at www.thereelcomic.com/item1_qjofkrns123." If multiple copyrighted works at a single online site are covered by Your Notification, You may provide a representative list of such works at that site. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. Include 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. Include a statement by You that the information contained in Your Notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.
Include Your name, mailing address, telephone number and email address. You may submit Your Notification of Alleged Copyright Infringement to our Designated Agent by mail or E-Mail as set forth below:
The Reel Comic
500 W. Putnam Avenue, Suite 400
Greenwich, CT 06830ATTN: Designated Copyright Agent
Please note that You may be liable for damages, including court costs and attorneys’ fees if You materially misrepresent that content on the Site is copyright infringing. Filing a false claim constitutes perjury under Federal Law. Upon receiving a proper “Notification of Alleged Copyright Infringement” as described in this Section, The Reel Comic will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to Your claim and request that The Reel Comic restore this material.
Counter Notification
If You believe Your own copyrighted material has been removed from the Site as a result of mistake or misidentification, You may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which the service provider may be found.
A statement that You will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent. Your name, address and telephone number. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Your physical or electronic signature. You may submit Your Counter Notification to our Designated Agent by mail or E-Mail as set forth below:
The Reel Comic
500 W. Putnam Avenue, Suite 400
Greenwich, CT 06830ATTN: Designated Copyright Agent
If You send The Reel Comic a valid, written Counter Notification meeting the requirements described above, The Reel Comic will, subject to the exercise of its own rights and remedies, restore Your removed or disabled material after 10 business days but no later than 14 business days from the date Your Counter Notification is received, unless The Reel Comic’s Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The Reel Comic has adopted a policy of terminating, in appropriate circumstances and at The Reel Comic’s sole discretion, members who are deemed to be repeat infringers. The Reel Comic may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or You may be sent through the Site) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by The Reel Comic, and The Reel Comic is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by The Reel Comic. If You decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Site or relating to any applications You use or install from the site.
User Disputes
You are solely responsible for Your interactions with other users of the Site. The Reel Comic reserves the right, but has no obligation, to monitor disputes between You and other users.
Privacy
Click here to view The Reel Comic’s Privacy Policy. By using the Site, You are consenting to have Your personal data transferred to and processed in the United States. DisclaimersThe Reel Comic is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site, whether posted or caused by users of the Site, by The Reel Comic, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although The Reel Comic provides rules for user conduct and postings, The Reel Comic does not control and is not responsible for what users post, transmit or share on the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Reel Comic is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Reel Comic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Reel Comic is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will The Reel Comic be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS AND WITH ALL FAULTS" AND THE REEL COMIC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE REEL COMIC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Reel Comic reserves the right to change any and all content, software and other items used, contained or offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by The Reel Comic.
Limitation on Liability
IN NO EVENT WILL THE REEL COMIC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE REEL COMIC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE REEL COMIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Reel Comic may terminate Your membership, delete Your profile and any User Content or other information that You have posted on the Site and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You have misrepresented any information, including but not limited to Registration Data, provided to The Reel Comic, or if You breach any of these Terms of Use.
Governing Law; Venue and Jurisdiction
By visiting or using the Site, You agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between You and The Reel Comic or any of our affiliates. With respect to any disputes or claims, You agree not to commence or prosecute any action against The Reel Comic other than in the state and federal courts of Connecticut. The Reel Comic may bring an action against You in any location including, without limitation, the State of Connecticut. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Connecticut. The Site is controlled and offered by The Reel Comic from its facilities in the United States of America. The Reel Comic makes no representations that the Site is appropriate or available for use in other locations. If You access the Site from other jurisdictions, You are responsible for compliance with local laws.
Indemnity
You agree to indemnify and hold The Reel Comic, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content You post or share on or through the Site, Your use of the Site, Your conduct in connection with the Site or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
Submissions
The Reel Comic values the feedback of its users, and encourages You to provide questions, comments, suggestions, ideas, feedback, information about any bugs or other errors (“Submissions”) on the Site. You acknowledge and agree that any Submissions, provided by You to The Reel Comic are non-confidential and shall become the sole property of The Reel Comic. The Reel Comic shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Beta
The Site is currently in beta-testing so as to provide users with the opportunity to view the site and provide feedback. While The Reel Comic anticipates conducting contests through the Site both with and without prizes, the contests currently being conducted do not offer prizes. The eligibility requirements and rules for contests offering prizes may differ from the eligibility requirements and rules for the contests without prizes. If The Reel Comic does begin to offer contests with prizes, the Site will provide users with notice of such contests, as well as of the eligibility requirements and rules for such contests and prizes. Contests will be void where prohibited by law or where registration of on-line contests is required.
Other
These Terms of Use constitute the entire agreement between You and The Reel Comic regarding the use of the Site, superseding any prior agreements between You and Company relating to Your use of the Site. The failure of The Reel Comic to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
