WWW.SMACKJEEVES.COM TERMS-OF-USE AGREEMENT
WWW.SMACKJEEVES.COM (the “Website”) is a website owned and operated by NHN Global, Inc. (“NHN”). Before accessing or using this Website, please read this WWW.SMACKJEEVES.COM TERMS-OF-USE AGREEMENT (the “Agreement”), which is a binding agreement between you and NHN governing your visitation of, access to, and use of the Website.
By visiting, accessing, or using the Website, in any way (including, but not limited to, accessing any part of or content on the Website, its servers, or any associated webpages or postings; registering for an account; or by posting, uploading or downloading any content), you are acknowledging that you understand and agree to, without qualification or limitation, all of the terms and conditions of this Agreement. If you disagree with any part of this Agreement, you must immediately cease in any and all access of, use of, or visitation of this Website.
NHN may periodically change or modify this Agreement at any time in NHN’s sole discretion. You agree to regularly check this webpage to ensure that you are aware of and acting in compliance with the most current version of this Agreement. Your continued use of, access of, or visitation of the Website after NHN revises this Agreement shall be deemed your acceptance of any and all revisions and changes to the Agreement even if you do not read them. The date above indicates the time at which this Agreement was last updated.
INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that NHN retains all rights, titles and interests in and to any and all items, data, materials, information and content created, by, authored by, owned by, or licensed by NHN, including, but not limited to NHN’s registered trademarks and copyrighted works of authorship, the Website’s features and functionalities, all text, page headers, button icons, text, graphics, logos, images, digital downloads, data, software, information, displays, video, audio, and audiovisual works, and the design, procedures, selection, techniques, methods, arrangements and compilations of the Website (collectively, the “NHN’s Content”). Further, you acknowledge and agree that as between you and NHN, NHN retains all of its rights, titles and interests in and to all relevant copyright rights, likeness rights, rights of publicity, trademark and trade dress rights, patent rights, trade secret rights and any other intellectual property and proprietary rights afforded in any jurisdiction belonging to NHN (“NHN’s Intellectual Property”). Your limited license to visit, access and use this Website does not transfer ownership of, rights to, or title in any of NHN’s Intellectual Property, NHN’s Content, or any copy thereof, nor in any of NHN’s Intellectual Property or NHN’s Content that you view, download or otherwise access on or through the Website.
Subject to your compliance with the terms and conditions of this Agreement, and the truthfulness of your representations and warranties as set forth herein, NHN hereby grants to you a revocable, limited, non-exclusive, non-assignable, non-sub-licensable, and non-transferable license to visit, access, and use the Website solely in accordance with the terms of this Agreement (your “License”). This License does not grant you any other express or implied right, and you are prohibited from: (i) removing any logos, or trademark or copyright notices or any other notice contained in any of NHN’s Intellectual Property, NHN’s Content or any other item displayed, posted on, or otherwise made available on or through the Website; (ii) reproducing, downloading, publically displaying or performing, modifying, publishing, distributing, broadcasting, transferring, transmitting, disseminating, licensing, selling, renting, leasing, adapting, deriving, or in any way exploiting the NHN’s Content or NHN’s Intellectual Property without NHN’s prior written consent; (iii) using any automated means, including, but not limited to, scripts, bots, spiders, crawlers, or data mining tools to survey, download, assess or use NHN’s Content or NHN’s Intellectual Property available on, displayed on or otherwise made available through the Website; (iv) reverse engineering the Website or any part thereof; and/or (v) infringing the intellectual-property rights of another.
In using, accessing or visiting the Website, you represent, warrant, acknowledge and agree that you will follow all applicable laws, statutes, regulations, rules, guidelines, and ordinances. NHN, in it sole discretion may immediately restrict or terminate your access to, visitation of, or use of the Website, and any part thereof, including, but not limited to any account or webpage, without notice, for any action that NHN believes is: (i) a breach of this Agreement or any other policies incorporated herein or provided by the Website, (ii) fraudulent, harassing, illegal, infringing, or abusive, or (iii) damaging to other users, third parties, or NHN’s business interests.
You acknowledge and agree that NHN may, in its sole discretion, refuse to post, store, display or otherwise make available on or through the Website any information or content provided by you, and NHN may edit, move, remove, change, or modify any such information, material, or content for formatting purposes or for any reason associated with the maintenance, operation of, or management of the Website.
You acknowledge and agree that you are solely responsible for any item, content, or material you submit, post, upload, or otherwise make available on or through the Website and that NHN is devoid of all responsibility regarding content you post to or otherwise make available through the Website. NHN does not control or monitor the content or information that may be posted, submitted, uploaded or otherwise made available through the Website by users, and, accordingly does not guarantee the quality, suitability, truthfulness, or accuracy thereof. NHN has no obligation to screen or pre-approve any item, material or content posted, uploaded or otherwise made available on or through the Website by you or others. NHN shall not be liable in any way as a result of your use, visitation of or use of the Website, or as a result of any content, material or information being posted, submitted, uploaded or otherwise made available through the Website by any user.
As a condition to your use, access to and/or visitation of the Website, you agree not to use, visit or access the Website, or any part thereof, including but not limited to any account or associated webpages, for any unlawful purpose or in any way that is a breach of this Agreement, prohibited by this Agreement, or that exposes NHN to liability, be it civil or criminal.
You further agree not to transmit, post, upload, email, communicate, display or otherwise make available on or through the Website: (1) any material that is insulting, bigoted, hateful, vulgar, obscene, pornographic, profane, racially offensive, harassing, invasive of another's privacy, discriminatory, defamatory, libelous, fraudulent, deceptive, abusive, harmful, threatening, infringing, or which endorses or advocates illegal activity, including, but not limited to, threats of injury or harm to the body or property of another; (2) any content that infringes upon the intellectual-property rights of another, including, but not limited to copyrights, privacy rights, trademark or trade dress rights, trade secret rights, patent rights, likeness rights, rights of publicity, or otherwise, without authorization; and/or (3) any unsolicited or unauthorized advertising, communication, promotion, “spam,” marketing scheme, junk mail, chain mail, or any other improper form of offer or solicitation.
You also agree to refrain from: (1) impersonating another or assuming the identity of a false person during your use of the Website; (2) registering or trying to register an account as or for another person or as a false identity; and/or (3) collecting email addresses in order to send unsolicited messages, or collecting or harvesting any personally identifiable information of other users of the Website, including, but not limited to account names and email addresses.
You are prohibited from taking any action that imposes, or may impose, an unreasonable or disproportionately large load on NHN’s technology infrastructure and/or from otherwise making excessive demands on it, attacking the Website via a denial-of-service attack or a distributed denial-of-service (DDoS) attack, or in any other way seeking to damage, disable, overburden, impair or deny use of or access to any Website server or the network(s) connected to any Website server, uploading files that contain or are viruses, worms, Trojan horses, ransom-ware, bots, time bombs, cancel-bots, corrupted files, or any other similar software, programs, or files that may damage or hinder the operation of the Website or another's computer or property, or interfere with any other user's use or enjoyment of the Website.
You shall not try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website, including, but not limited to seeking to disable, circumvent, or otherwise interfere with any security related features of the Website, features that prevent or limit use or copying of Website content, or features that enforce limits on the use of the Website or the material thereon.
You shall not attempt to “frame” or “mirror” the Website without the express advance written authorization of NHN.
You acknowledge, consent and agree that NHN may access, preserve and disclose account information, registration information and/or any information related to any item or content you post, upload, display, or otherwise make available through the Website, for any reason.
USER SUBMISSIONS AND CONTENT.
Without limiting the foregoing provisions, the following guidelines further apply to your posting of content to, on, or through the Website:
As a Website account holder, you may submit textual, visual, audio or audiovisual content including but not limited to graphics, logos, sprites, stories, poetry, profile images, comments, ratings, forum messages and private messages (“User Content”). You understand that whether or not such User Content is published, NHN does not guarantee any confidentiality regarding any User Content.
All User Content posted on or through the Website in any way is the responsibility and property of the author. NHN is not committed to maintaining the Website or the services offered thereby in any manner, including a manner reasonably acceptable to all audiences, nor is NHN responsible for the monitoring or filtering of any User Content. Within the confines of international and local law, NHN will generally not place a limit on the type or appropriateness of User Content, except as set forth in this Agreement. If you post material not suitable for all audiences, you agree that you are fully responsible for all the User Content you have posted anywhere on or through the Website. Should any User Content be deemed illegal by such law having jurisdiction over you, you agree that NHN may submit all necessary information to, and cooperate with, the proper authorities.
Should any User Content that you have authored or posted be reported to NHN as being offensive or inappropriate, NHN might call upon you to retract, modify, or protect (by use of the Mature Content Warning) the User Content in question within a reasonable amount of time, as determined by the Website staff. Should you fail to meet such a request from Website staff, NHN may terminate your account. NHN, however, is under no obligation to restrict or monitor User Content in any way.
NHN claims no ownership or control over any User Content posted. The author of User Content retains all patent, trademark, and copyright to all User Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of Website staff in protecting such User Content, except as may be set forth in the Copyright Policy. By posting any User Content, you represent and warrant that you have all rights necessary to post such User Content (and for NHN to store, transmit, and facilitate the public display of such User Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations. Further, by posing any User Content you grant to NHN a revocable license, throughout the world, to copy, store, distribute, transmit, and publically display your User Content. Should you wish to retract this license to NHN, please submit a detailed written request to: firstname.lastname@example.org
You acknowledge that NHN does not pre-screen User Content, but that NHN shall have the right (but not the obligation) in its sole discretion to remove or refuse any User Content that is made available on or through the Website. Without limiting the foregoing, NHN shall have the right, but not the obligation, to remove any content that violates this Agreement or is otherwise objectionable, or that infringes upon or is alleged to infringe upon intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any materials on the Website, including any reliance on the accuracy, completeness, or usefulness of that information or data contained therein. Furthermore, NHN reserves the right to limit your access to the Website if you are found in violation of this Agreement by removing your User Content, your webpages, and related user information from the member directory, search engine, and all other methods used in conjunction with finding User Content and Website users.
As a user of the Website, you have the privilege to post comments on comics, send messages to other users, and generally participate in the Website’s community. However, NHN does not tolerate the abuse of these privileges.
In additional to all other obligations set forth in this Agreement, when you post a comment on the Website, you are expected to be respectful towards any and every individual of the Website community to whom you may be addressing. When posting artistic criticism about a particular comic, you are expected to be constructive in your comments, so that the author of the comic can understand how to improve upon his/her work.
Examples of constructive criticism:
"You need to work on your inking skills. Your lines are too blotchy, try to make them smoother."
"Your storyline is too confusing. Try not to introduce too many characters at a time without significantly establishing their personalities and characteristics first".
"The proportions of the limbs are off, particularly the left leg is too long, and the right hand is too large."
Examples of unconstructive criticism:
"Maybe if you actually put some effort into this crap people would have nicer things to say about it." "Yeah, the product is complete crap, and I mean it."
While unconstructive criticism is frowned upon, it is generally not severely punished in small doses. However, as made clear in this Agreement, NHN certainly does not tolerate harassment.
Regarding the nature of content may be post on or through the Website, generally speaking, material that would fit into the MPAA's "Rated R" category and below (PG-13, G, etc.) is allowed on Smack Jeeves, provided it and/or its posting complies with all other terms and conditions of this Agreement.
Material that is clearly not suitable for minors requires the activation of the Mature Content warning.
Material that would be considered legally obscene, including the depiction of child pornography, is explicitly banned from Smack Jeeves.
Comics that present material with great (or sole) priority and importance placed on evoking sexual arousal from the audience while lacking substantial quality in art, focus or presentation on other topics of interest [ie: romance, comedy, etc] are liable to be removed for bearing too close a resemblance to pornographic material rather than a comic that tackles adult subject matters.
NHN does not make any claim to hold copyright to any images uploaded by users, unless explicitly stated. (i.e. if the Website held a contest for the best so-and-so type of image, we would inform you if we wanted to claim copyright to any material submitted.)
ACCOUNTS, SECURITY AND CONFIDENTIALITY.
In accessing, visiting, or using the Website in accordance with this Agreement, it may be possible for you to register for an account in order to use the Website. To register, you will complete a registration process wherein you will provide to NHN true and correct information as required by the Website. During said process you will select a password and an available username.
You are responsible for maintaining the secrecy of your password and account. Further, you are responsible for all actions that occur through your account. You are required to promptly notify NHN of any known or suspected unauthorized use of your account or any other breach of the security thereof.NHN will not be liable for any loss or damage that you may incur as a result of your or someone else’s use of your password or account, with or without your knowledge. Further, you will be held liable for losses or damages incurred by NHN or any other party due to your use or someone else’s use of your account or password.
You shall not use anyone else’s Website account at any time, without their express written authorization.
NHN makes no guarantees about the truth of any information that other users of the Website may post or otherwise make available or communicate through the Website. You acknowledge that it is your responsibility to protect yourself when interacting with other users of the Website. NHN shall not be responsible for any claims arising from any interaction you may have with any other person, face-to-face or online, as a result of your use of the Website.
By registering for an account, you consent to receiving electronic communications from NHN concerning your account, or otherwise. These communications may involve sending emails to the email address you provided during registration of your account or your posting or providing of content on, to or through the Website. These emails will include notices about your account (e.g., authorizations, changes in account or registration information, confirmations, and other transactional information). You also consent to receiving other communications from NHN, including newsletters about NHN, new Website features and content, special offers, promotional announcements, and advertisements, and other information via email or other methods. You acknowledge that any notices, agreements, disclosures, or other communications that NHN sends to you electronically will satisfy any legal communication requirements, including but not limited to when such communication is to be in writing.
The Website may contain links to third-party websites that are not maintained by, associated with, or related to NHN. You acknowledge that NHN is not responsible or liable for (1) the availability or accuracy of the information on those websites; or (2) the content, products, or services on or available from those websites, or the parties advertised thereby. NHN is not making any statements about the content, completeness, or accuracy of any third-party websites to which the Website links. Links to third-party websites do not imply any endorsement by NHN of those websites, unless where specifically stated. You acknowledge that you are solely responsible for and assume all risk arising from your use of any third-party websites, including, but not limited to, when accessed via links on the Website.
Through the Website, you may have the ability to access, visit, or use content provided by third parties. NHN cannot guarantee that third-party content will be free of content you may find objectionable or unsuitable. NHN will not be liable to you or any other party for your access of, visitation of or use of any third-party content or website, including, but not limited to, when accessed via links on the Website.
NHN may, in its sole discretion, terminate this Agreement with you for any reason, at any time. NHN may also suspend, disable, or cancel your access to the Website (or any part of it) for any reason, including but not limited to, in the event NHN, in its sole discretion, determines that you have breached this Agreement or that your conduct might damage NHN’s business, reputation or goodwill. If NHN terminates your access you must not access the Website. NHN may block any further access by you to the Website or to your account, if applicable.
On termination, your right to access the Website and all licenses granted by NHN via this Agreement terminate. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to NHN or any third party. Nor does termination of this Agreement in any way terminate any license granted by you to NHN under the terms of this Agreement.
This Agreement’s provisions that, by their very nature are meant to and should survive termination will survive termination, including ownership provisions, indemnification clauses, your representations, your acknowledgements, and your warranties, disclaimers, exclusions, and limitations of liability.
LIMITATION OF LIABILITY AND RELEASE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WILLFULNESS OR NEGLIGENCE, SHALL NHN, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RESULTING, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM: (1) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE, INACCURACIES, ERRORS, DISRUPTIONS, DISCLOSURES OF COMMUNICATIONS, MISTAKES, DEFECTS, LOSSES, DELETIONS, NONDELIVERY OF INFORMATION, DELAYS OR TERMINATIONS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND WHATSOEVER, ARISING FROM YOUR VISITATION OF, ACCESS TO OR USE OF THE WEBSITE; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (5) ANY MALICIOUS CODE WHICH MAY BE TRANSMITTED ON OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (6) YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR REPRESSENTATIONS, ACKNOWLEDGEMENTS, AGREEMENTS AND WARRANTIES MADE HEREIN; (7) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR OTHER SERVICES, DEVICES, COMPUTERS, OR SOFTWARE; AND/OR (8) ANY ERRORS OR OMISSIONS ON THE WEBSITE OR IN ANY CONTENT POSTED TO OR MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER OR NOT BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NHN IS OR WAS AWARE OF THE POSSIBILITY OF SUCH. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL JURISDICTIONS. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT NHN SHALL NOT BE LIABLE FOR ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE BY YOU OR ANY OTHER USER OF THE WEBSITE, NOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ACCOMPLISHED ON OR THROUGH THE WEBSITE AND THAT THE RISK OF HARM OR DAMAGE FROM ANY OF THE FOREGOING RESTS, WITHOUT LIMITATION, SOLELY AND COMPLETEY WITH YOU.
You hereby release NHN, its assigns, subsidiaries, affiliates, service providers, employees, agents, officers, and directors from any and all liability arising out of or in any way related to your use, access of, or visitation of the Website.
You hereby agree to indemnify, defend and hold harmless NHN, its subsidiaries, affiliates, assigns, licensors, service providers, employees, agents, officers, and directors (the “Indemnified Parties” or an “Indemnified Party”) for any losses, damages or claims, including but not limited to attorney’s fees and costs, of the Indemnified Parties’ that is caused by your: (1) access of, use of, of visitation of the Website; (2) your conduct on or through the Website, including, but not limited to your posts, uploads or other communications on, to, or through the Website; (3) breach of any part of this Agreement, including, but not limited to any covenant, term, condition, acknowledgement, representation or warranty; (4) your actual or alleged violation of rights of any person or entity, including intellectual property rights or rights of privacy; (5) actual or alleged violation of any local, state, federal, and international law; and/or (6) actual or alleged negligent, fraudulent, intentional or criminal conduct.
The Indemnified Party shall have control over defending any demand or claim (including settling it), unless the Indemnified Party directs you, in writing, to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any dispute without the Indemnified Party’s prior written consent. If the you want to continue defending a claim an Indemnified Party wishes to settle, you shall post a bond (in an amount, form, and content satisfactory to the Indemnified Party, taking into account the size of the claim and the anticipated defense costs) securing the Indemnified Party or its insurers against any and all costs and expenses in excess of the amount at which the Indemnified Party was willing to pay to settle such dispute, demand or claim including, without limitation, any reasonable outside attorneys’ fees, judgments or penalties.
Your indemnity and duty to defend and hold harmless any Indemnified Party is of no limitation to any other legal or equitable rights or remedies any Indemnified Party may otherwise have.
This Agreement constitutes the entire agreement between you and NHN governing your visitation of, access to, and/or use of the Website and any part thereof, including but not limited to any account, and supersedes all prior versions of this agreement or contemporaneous agreements between you and NHN regarding your use of, access to and/or visitation of this Website. If any term of this Agreement is found to be void, invalid, or unenforceable, then such term shall be construed so as to render it enforceable in accordance with the original intentions of the parties, with all other terms remaining in full force and effect. NHN’s failure to exercise or enforce any right under or term of this Agreement shall not constitute a waiver of such right or term. The laws of the State of California shall solely apply with the respect to the interpretation of this Agreement, without regard to any conflicts of laws considerations. You agree to submit to the jurisdiction of the state and federal courts California located within Los Angeles County with regards to any dispute arising from this Agreement or your use, access to or visitation of the Website. For purposes of this section, the Website and all operations thereof will be deemed solely based in or arising from Los Angeles, California, and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over NHN, either specific or general, in any other jurisdiction or venue. If any action is necessary to enforce any provision of this Agreement, including any claims or demands, or to interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may otherwise be entitled. All claims must be brought in the parties’ individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding. Both parties acknowledge that each party is waiving the right to participate in a class action. This Agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. No party is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty. This Agreement is not for the benefit of any third party and shall be deemed not to give any right or remedy to such third party, whether referred to herein or not. This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns, if applicable. No provision of this Agreement shall be construed against or be interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or deemed to have structured, dictated or drafted such provision. Further, section headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of any section of this Agreement or of the Agreement itself.