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TERMS AND CONDITIONS OF USE
Welcome to UCLICK.COM, UCOMICS.COM, UEXPRESS.COM,
UPUZZLES.COM, MYCOMICSPAGE.COM, COMICSSHERPA.COM, INFINITECROSSWORDS.COM,
GOCOMICS.COM, PATSAJAKGAMES.COM and our uclick hosted affiliate Web sites (individually
and together, the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE
("TERMS") CAREFULLY BEFORE USING THIS SITE. This Site is owned and operated
by uclick, LLC. (referred to as "uclick"). "You" are the person or entity
using the Site, ordering or using Applications or described in the Site
registration form.
By using this Site, ordering or using Applications, or clicking on a
button indicating your consent, you agree to these Terms including but not
limited to conducting this transaction electronically, and to disclaimers of
warranties, damage and remedy exclusions and limitations, and a choice of
Missouri law. If you do not agree to these Terms, you do not have permission
to use the Site. uclick reserves the right, at its discretion, to change,
modify, add, or remove portions of these Terms at any time. Notification of
changes to these Terms will be posted on the Site or sent via e-mail. If any
future changes to these Terms are unacceptable to you, you must discontinue
use of the Site.
Payment terms and refund information (if applicable) for Applications and
other products are provided in the ordering process and/or on the Help page in
connection with ordering that product.
You may also be subject to additional terms and conditions when you use
third-party content, services, or software (including Applications) accessed
through or promoted on the Site.
1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site, you agree to provide true, accurate
and complete information about yourself as prompted by the Site registration
or ordering process, provided that in connection with registration, you do not
need to, and should not, use your full or true name for your username. You also agree that uclick may send you notices, announcements, offers and alerts regarding uclick owned, operated or affiliated sites and services. In
addition, you agree to update that information in order to maintain its truth,
accuracy and completeness. uclick may deny you access to the Site or reject
your order in the event that your information is untrue, inaccurate or
incomplete.
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or uclick may, at uclick's option,
be conducted electronically. uclick may keep records of any type of
communication conducted via the Site. All electronic records are deemed sent
when they are properly addressed to the recipient and the record enters an
information processing system outside the control of the sender or the record
enters a region of an information processing system under the recipient's
control. All electronic records are received when the record enters an
information processing system that the recipient has designated or uses for
the purpose of receiving electronic records or information of the type sent,
in a form capable of being processed by that system, and from which the
recipient is able to retrieve the electronic record.
3. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING
YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that
you are solely liable for all actions taken via your password, whether
or not made with your knowledge or authority. You agree to guard your
password carefully, with the full awareness that a failure to keep it
secure will enable others to engage in transactions through the Site for
which you will be legally responsible. If you suspect that someone may
have obtained access to your password who is not intended to have authority
to act on your behalf, please contact uclick immediately to authorize
uclick to deny access to the Site to anyone else presenting your password
and/or phone number..
4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE AND APPLICATIONS
uclick hereby grants you the limited right to view and use the Site only for
the purposes of placing product orders or for accessing information,
Applications and services as well as posting, uploading and distributing
content to and through the Site as may be permitted therein. uclick reserves
the right to suspend or deny, in its sole discretion, your access to all or
any portion of the Site as described in Section 18. This license is limited to
personal and non-commercial uses by you. Any rights not expressly granted to
you herein are reserved to uclick. No portion of this Site is targeted to
children, and any minor should seek consent of his or her legal guardian
before using this site. Unless you have received specific written permission from uclick, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site, (b) alter or modify any content on the Site, (c) present, display or link to any Site content in any manner other than the context in which it is presented by uclick, including without limitation, directly linking to uclick's comic images, or (d) otherwise present, display or link to Site content in any manner that bypasses or circumvents the Site's advertising and/or informational features.
The limited license to the Site and Applications is subject to the following
conditions:
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You understand that all feedback, data, comments, suggestions, information,
text, data, software, sounds, photographs, audio, audiovisual, video,
artwork, graphics, messages and other materials of any nature ("Materials")
that are transmitted to or via the Site are the sole responsibility of the
person from which the Materials originated. This means you, and not uclick,
are entirely responsible for the Materials you transmit through the Site.
Further, you understand that by using the Site you may be exposed to
Materials that are offensive or objectionable.
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You shall not create a user name or screen name or upload to, distribute
through or otherwise publish through the Site any Materials which are
indecent, libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, harassing, contain expressions of hatred,
bigotry, racism or pornography, or are otherwise objectionable, or that would
constitute or encourage a criminal offense, violate the rights of any party
or violate any law.
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Your Materials, user name and/or screen name will not disparage in any manner
uclick, its Licensors, or their Applications, products, or services and
sites.
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Your Materials shall not infringe the copyright, trademark, publicity/privacy
right or other intellectual property right of any third party.
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You shall not upload to, distribute through or otherwise publish through the
Site any Materials that are directly or indirectly commercial in nature or
contain any solicitation of funds, promotion, advertising or solicitation for
goods or Sites. You specifically acknowledge that soliciting other users to
join or become users or members of any commercial online web site or other
organization is expressly prohibited.
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You shall not upload to, distribute through or otherwise publish through the
Site any Materials that contain viruses or any other computer code, corrupt
files or programs designed to interrupt, destroy or limit the functionality
or disrupt any software, hardware, telecommunications, networks, servers or
other equipment.
You acknowledge that uclick does not pre-screen any Materials posted by
you or other users, but that uclick and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or remove any
Materials. Without limitation, uclick and its designees shall have the right
to remove any Materials that violate the Terms or is otherwise objectionable,
as well as terminate your access to the Site. uclick may establish
practices and limits concerning the use of the Site and Applications. You agree
that uclick has no liability or responsibility for the storage or deletion of
any Materials that you submit or post. uclick reserves the right to change
these general practices and limits at any time in its sole discretion, with or
without notice.
5. APPLICATIONS
From time to time uclick may offer you the ability to use certain
applications, services or software either at no charge or for a fee
("Applications"). For example, uclick may provide chat areas, bulletin boards,
e-mail functions, software downloads, multi-player games
and software that allows you to create greetings, puzzles, photographs and cartoons.
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The Applications that are made available to you are the copyrighted work of
uclick and/or its suppliers. The use of each Application is governed by the
end user license agreement ("EULA") that accompanies or is included in the
Application or is expressly stated on the Site pages accompanying the
Application and these Terms. In the event that no EULA accompanies the
Application, then the Terms shall govern your use of the Application. You may
not download or use any Application from the Site without agreeing to the
EULA, if any, and these Terms. Certain Applications may be owned by third
parties and distributed under a third party EULA and you agree that uclick
shall not be responsible for any loss or damage of any sort relating to your
dealings with such third parties.
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The Applications may contain third party digital rights management systems
("DRMS") which may allow for communication between your software and the
third party and utilize security features (e.g., preventing distribution of
or access to the Applications for unauthorized use). These DRMS are subject
to their own license agreements and you agree that uclick shall not be
responsible for any loss or damage of any sort relating to your dealings with
such third parties.
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Unless expressly stated otherwise in the EULA, you are granted a limited
license to download and/or use the Application from a single computer for
personal and non-commercial purposes. You may not make copies of or
distribute the Application or electronically transfer the Application from
one computer to another or over a network. You may not decompile, reverse
engineer, disassemble or otherwise reduce the Application to human
perceivable form. You may not rent, lease or sublicense the Application. You
may not create derivative works of the Application and you may not export the
Application in violation of any U.S. or foreign law, rule or regulation.
6. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER UCLICK, ITS
AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION,
ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK,
COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS
OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
uclick will not tolerate copyright infringement and reserves the right to
block, disable, or otherwise remove any content or materials uploaded to the
Site as well as terminate access to the Site if you engage in copyright or
other intellectual property infringement. The law provides for civil and
criminal penalties for copyright and other intellectual property law
infringements.
Displaying, storing, copying, or otherwise making available any content from
the Site on another website without the prior written permission of uclick is
expressly prohibited.
Please see uclick's Copyright & Trademark
Notice for more detailed copyright and trademark information and use
limitations.
7. PRIVACY POLICY
uclick respects your right to privacy and understands that visitors to
uclick need to be in control of their personal information. To that end uclick
has developed a Privacy Policy, and you
should review it carefully. Your use of the Site is your consent to the
Privacy Policy.
8. SUBMITTING MATERIALS AND FEEDBACK
You understand that whether or not such Materials are published on the Site, uclick does not guarantee any confidentiality with respect to any submissions. uclick does not want to receive confidential or proprietary information from you through the Sites or by email. In the absence of an express written agreement between you and an authorized uclick employee, any Materials, information or idea you transmit to uclick by any means may be disseminated or used by uclick or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our privacy policy , which is subject to separate provisions. Unless you enter into a separate written agreement with uclick, uclick does not claim ownership in Materials you submit, however, by submitting Materials in any form to uclick, in addition to other provisions of the Terms, you automatically grant uclick and to users of the Sites a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials in any media, including, but not limited to, a website operated by, and in any related marketing materials produced by, uclick and its affiliates. The foregoing license granted by you terminates once you, or uclick, remove or delete a Material from the Site. You obtain no rights in any form, media, or technology incorporating the Materials.
9. INDEMNITY
You agree to indemnify and hold uclick, its parent company, affiliates,
officers, agents, partners and employees harmless from any claim or demand,
including reasonable attorneys fees, arising out of your content and
materials, your use of the Site, your violation of these Terms or your
violation of any third party's rights including such party's copyrights and
trademarks.
10. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A
EULA) BETWEEN YOU AND UCLICK, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH
THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND AND WITH ALL RISKS. UCLICK HEREBY DISCLAIMS TO THE MAXIMUM EXTENT
PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN
HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES;
ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF
ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE,
WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE,
APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE,
APPLICATIONS, AND RELATED INFORMATION IS BORN BY YOU. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
IN ADDITION, UCLICK DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR
QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED
INFORMATION.
11. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE
SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER
GAMES, VISITING CHAT ROOMS OR READING MATERIAL POSTED TO THE SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR
OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT UCLICK SHALL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH
ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
12. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER UCLICK NOR ANY
OF UCLICK'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT
LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE
EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT
ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION,
OR TO ANY BREACH OF THESE TERMS, EVEN IF UCLICK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY UCLICK OR
ANY OF UCLICK'S AFFILIATES OR AGENTS SHALL BE, AT UCLICK'S OPTION, (1)
SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT
GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON UCLICK; OR (2)
REFUND OF THE AMOUNT THAT YOU PAID TO UCLICK. YOU AGREE THAT THE DAMAGE
EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of uclick, uclick's suppliers,
and any third parties mentioned on the Site, in addition to other representations
and obligations contained in these Terms, that: (a) you possess the legal
right and ability to enter into and make the representations and warranties
contained in these Terms; (b) all information submitted by you to the
Site is true and accurate; (c) you will keep your registration information
current; (d) you will be responsible for all use of your password and/or
phone number even if such use was conducted without your authority or
permission; (e) you will not use the Site for any purpose that is unlawful
or prohibited by these Terms; (f) you are the owner of the Materials and
they are original to you; (g) the Materials do not infringe any third
party right, such as copyright, trademark, and publicity/privacy right;
(h) the Materials do not constitute defamation or libel or otherwise violate
the law, and (i) you agree to defend, indemnify, and hold uclick (and
its employees, representative, agents, and assigns) harmless from breaches
of (a) through (h).
15. LINKS; ADVERTISERS
The Site contains links to third party sites that are not under the control
of uclick and uclick is not responsible for any content on any linked site. If
you access a third party site from the Site, then you do so at your own risk.
uclick provides links only as a convenience and the inclusion of the link does
not imply that uclick endorses or accepts any responsibility for the content
on those third party sites. Additionally, your dealings with or participation
in promotions of advertisers found on the Site, including payment and delivery
of goods, and any other terms (such as warranties) are solely between you and
such advertisers. You agree that uclick shall not be responsible for any loss
or damage of any sort relating to your dealings with such advertisers.
16. INTERNATIONAL USAGE
This Site is controlled and operated by uclick from its offices within
Missouri, United States of America. uclick makes no representation that the
Site, Applications, or related information offered by uclick are appropriate
or available in other locations. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
17. OWNERSHIP
The Site, Applications, and related information are the exclusive property of
uclick or its suppliers. All rights not licensed herein are hereby reserved to
uclick or its suppliers.
18. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND
APPLICATIONS
If you violate these Terms, uclick may terminate or cancel your access rights
to the Site immediately without notice. uclick may also block your use of the
Site or direct you to cease using it. uclick reserves the right at any time to
modify or discontinue the Site, Applications, or any part thereof and you
agree that uclick shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site, Applications, or any
part thereof.
If you wish to cancel your membership to the site, please send an email to support@uclick.com. Refunds will be issued up to 14 days after the purchase or renewal of the membership. If 14 days have passed, the member will retain access until the end of the paid period, at which time the membership will not be renewed. No pro-rated refunds will be given.
19. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of Missouri without
regard to its conflict of law provisions. Any disputes arising under or
related in any way to these Terms, the Site or any Application shall be
litigated or otherwise heard in the appropriate forum in Jackson County,
Missouri. The parties hereto hereby consent to the exclusive jurisdiction of
the state and federal courts sitting in the County of Jackson, Missouri, and
hereby waive any claim or defense that such forum is not convenient or proper,
and consent to service of process by any means authorized by Missouri law.
20. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures
provided by uclick and the consents provided by you, constitute the entire
agreement between you and uclick. If any provision of these Terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. uclick's failure to act with
respect to a breach by you or others does not waive uclick's right to act with
respect to subsequent or similar breaches.
21. AMENDMENTS
You agree that uclick may amend or modify these Terms or impose new
conditions at any time by updating these Terms on the Site or upon notice from
uclick to you as published through the Site or by e-mail. Any use of the Site
or order by you after such updating shall be deemed to constitute acceptance
of such amendments, modifications, or new conditions. If you do not want to be
bound by an amendment, you will need to terminate your registration, if any,
and refrain from using the Site or using or ordering Applications after that
date. No other amendments will be valid unless they are in a paper writing
signed by uclick and by you.
22. NOTICES
Except as expressly stated otherwise, any notices required or allowed under
these Terms shall be given to uclick by postal mail to: uclick, LLC, 1130 Walnut
St., Kansas City, MO 64106, or as to a successor address that
uclick makes available on the Site or through other reasonable manner. If
applicable law requires that uclick accepts e-mail notices (but not
otherwise), then you may send uclick e-mail notice using uclick's Contact Uclick Form. With respect to uclick's
notices to you, uclick may provide notice of amendments by posting them in the
Site and you agree to check for changes. Instead or in addition, uclick may
give notice by sending e-mail to the e-mail address you provide during
registration. Notice shall be deemed given 24 hours after it is posted or an
e-mail is sent, unless (as to e-mail) the sending party is notified that the
e-mail address is invalid.
Contact Information Disclosure. uclick's name and street address is uclick,
LLC, 1130 Walnut St., Kansas City, MO 64106. You can also contact uclick through this form: http://www.gocomics.com/cgi-bin/support.cgi
Last Updated on 07-21-2005
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