WELCOME TO SOPROCOMICS,COM. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
1. Restrictions on Use.
All materials, including images, illustrations, data, software, code, designs, icons, photographs, video clips and written and other materials that are part of the Site, are the property of So Pro Comics and/or its affiliates. The Site is protected by federal and international copyright and trademark laws and the use of materials that are part of the Site must not infringe on such laws. No portion of such materials may be reprinted, republished, modified, or distributed in any form without the express written permission of So Pro Comics. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Site. Certain materials contained in this Site are owned by third parties and all such third party materials and all intellectual property rights related to the materials belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend designed to identify and/or protect intellectual property contained on the Site or its content. Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by So Pro Comics.
2. Updates.
We may amend these Terms of Use at any time by posting the amended Terms of Use on the Site. The amended Terms of Use will be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time. We encourage you to review these Terms of Use from time to time. If you have any questions about the Terms of Use, contact us at [email protected]
3. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
4. Links or Pointers to Other Sites.
So Pro Comics makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-So Pro Comics site, please understand that it is independent from So Pro Comics, and that So Pro Comics has no control over the content on that Web site. In addition, a hyperlink to a non-So Pro Comics Site does not mean that So Pro Comics endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
5. Trademark Notice.
The “So Pro Comics”, and “Soprocomics.com” names, the Link (as defined immediately below) and the Link Logo (as defined immediately below) are or contain So Pro Comics proprietary logos, trademarks and service marks (collectively, the “So Pro Comics Symbol”). Any other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
6. Links to the Site.
You do not need to request permission to create a hyperlink from your Web site to the Site (a “Link”). If you create a Link, your use of the Link a link is subject to the following limitations and you hereby agree that your compliance with the following limitations is a condition to your permission to create a Link, unless otherwise agreed to in writing by you and So Pro Comics.
A. Form of Link. If used, the So Pro Comics Logo must be used as a link to “www.soprocomics.com” You may not use the Link Logo as a static image. You may not frame the Site or modify or alter the content or manner of display of the Site.
B. References to Us. References to us must appear as “www.soprocomics.com” at the first and each subsequent use on any Web site.
7. System Integrity.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques.
8. Our Relationship.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and So Pro Comics. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
9. Notices.
Except as explicitly stated otherwise or required by law, you shall provide any notices to So Pro Comics by e-mail to [email protected]. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. E-mail notices will be deemed given within 12 hours of sending.
10. Choice of Law and Venue.
These Terms of Use are entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Washington in the State of Ohio, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
11. Indemnification.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site; your decision to purchase products or services as a result of using this Site; your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you; your use of the So Pro Comics name, a Link or the Link Logo. Any such indemnification shall be conditioned on our: (a) promptly notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
12. Entire Agreement.
These Terms of Use constitute the entire agreement between So Pro Comics and you pertaining to the subject matter hereof. In its sole discretion, So Pro Comic may modify these Terms of Use by posting the revised version on this Site.
13. Limitation of Liability.
From time to time, the Site will need scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the Site, for any loss of data or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site. IN NO EVENT SHALL SO PRO COMICS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL GCO’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000. YOUR SOLE AND ABSOLUTE REMEDY TO ANY CLAIM RELATING TO A LINK OR LINK LOGO IS TO STOP USING THEM. The limitations of liability provided in these Terms of Use inure to the benefit of GCO, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
14. No Unlawful or Prohibited Purpose.
You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and posting and retrieval of information on the Site. You are responsible for paying and/or collecting and remitting all applicable fees and taxes imposed upon you by the appropriate governmental entity and incurred in connection with your access to our servers. As a condition of your use of this Site, you warrant to So Pro Comics that you will not use the Site for any purpose that is prohibited by these Terms of Use.
15. Termination.
We may immediately terminate any or all of your rights of use if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. In the event of termination, you will remove all references to So Pro Comics, including the Link and the Link Logo, if any, within twenty-four (24) hours of written request by So Pro Comics.
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