WebComics Services ("WebComics","Services") are provided by Sidewalk Group. ("We" ,"Our", "WebComics") to
you
("User" or "Users").
Your Acceptance
1.You affirm your agreement to (1) these terms and conditions (the "Terms of Service") and (2) our
Privacy
Policy by usage of the WebComics mobile app, website, or any other WebComics Media product or service offered to
you
by
WebComics Media (collectively the "Services").
2.You should occasionally check the most updated version (found at
http://h5.webcomicsapp.com/public/app/disclaimer/privacy.html), though we will make an effort to notify you when
significant
changes
are made to these Terms of Service. WebComics Media, in its sole discretion, may change or revise these Terms of
Service
any time. The effect of the changes and revisions will take place after 7 days from the date of posting. No part
of
these Terms of Service is to be considered to confer any third party rights.
3.In an instance where our Services are used for a business, that business acknowledges these terms.
WebComics Media and its employees, agents, and officers are to be held harmless and indemnified by the business
from
any
action, claim, or suit stemming from or with relation to the usage of the Services or violation of these terms,
including any expenses or liabilities arising from damages, claims, losses, suits, judgments, attorneys' fees
and
litigation costs.
Ability to Accept Terms of Service
1. You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by
and comply with these Terms of Service.
2、In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If
you are under 13 years of age, then please do not use the Service.
Service
1.Each and every user of WebComics Media's Services, which also includes contributors of Content to
the
Service, are subject to these Terms of Service. Scripts, graphics, photos, sounds music, videos, text, software,
interactive features, audiovisual combinations and all other Content that may be accessed through or contributed
to
the
Service are included in the “Content”. All parts of any WebComics Media product, including services and software
provided by the WebComics app, WebComics website, Share, Subscribe, RSS and Embed features, Dashboard and other
applications are included in the “Service”.
2.Links to third party websites which are not owned by WebComics Media may be included in the
Service.
WebComics Media does not assume any responsibility for, and does not have control over, the privacy policies,
practices,
or content of any third party websites. Moreover, any third-party site content cannot be and will not be
censored
nor
edited by WebComics Media. In using the Service, you relieve WebComics Media from all liabilities that may arise
from
usage of third-party websites.
3.As a result, we urge you to read the terms and conditions and all other policies of all other
websites
you
visit when you leave a WebComics Media Service.
WebComics Media User Accounts
1.You will have to register a WebComics Media user account to access some features of WebComics
Media
Services. Unauthorized usage of another user’s account is never allowed. You should provide complete and
accurate
information when you register a user account. You take sole responsibility for all activities that takes place
in
your
account; therefore, keep your account password secured at all times. Contact and notify WebComics Media right
away
in
case of unauthorized use or security breach of your account.
2.Besides WebComics Media not being liable for any losses incurred through unauthorized usage of
your
account, you may in fact be liable for WebComics Media’s losses incurred or others due to unauthorized use.
General Use of the Service
WebComics Media gives you permission to access and use their Services as brought forth in these
Terms of
Service, as long as:
1.No part of the Service are to be modified nor changed by you.
2.By using the Embed feature on your website, you are not allowed to modify, change, add upon, or
prevent
any
parts or functionality of the Embed feature, including but not limited to links back to the WebComics website.
3. You agree by using the WebComics Media Uploader that it may automatically download and install
updates
occasionally from WebComics Media. The purpose of these are to improve and further develop the Uploader. These
may
be
bug fixes, function enhancements, new software modules and completely new versions. You agree to receive such
updates
(and permit WebComics Media to deliver these to you) immediately as part of your use of the Uploader.3. You
agree by
using the WebComics Media Uploader that it may automatically download and install updates occasionally from
WebComics
Media. The purpose of these are to improve and further develop the Uploader. These may be bug fixes, function
enhancements, new software modules and completely new versions. You agree to receive such updates (and permit
WebComics
Media to deliver these to you) immediately as part of your use of the Uploader.
4. You are agreeing not to use automated systems, including but not limited to“offline readers”,
“robots”, or
“spiders”, that accesses the Service by attempting to forge the presence of a user accessing the site for the
purpose of
artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series
popularity
or advancement within any programs that WebComics Media offers to users.
5.Notwithstanding the foregoing, WebComics Media allows the operators of public search engines to
use
spiders
to copy Content from the site for the sole purpose of creating publicly available searchable indices of the
Content,
but
not caches or archives of such Content. WebComics Media reserves the right to revoke these exceptions either
generally
or in specific cases.
6.You agree not to collect personally identifiable information from the Service, including user
account
names, nor to use the communication systems provided by the Service (e.g., comments, posting) for commercial
solicitation purposes.
7.You shall comply with all applicable laws in your use of the Service.
8.WebComics Media reserves the right to discontinue any part of the Service at any time.
Your Content and Conduct
1.You may submit Content to certain WebComics Media Services (e.g. comics, images, animated gifs,
links
and
user comments) as a WebComics Media product account holder. You understand that WebComics Media does not
guarantee
any
confidentiality with respect to any Content you submit.
2.You are solely responsible for your own Content and the consequences of submitting and publishing
your
Content on a WebComics Media Service.
3.By submitting and/or publishing Content through the Service, you hereby affirm, represent, and
warrant
that
you (1) have the necessary licenses, rights, consents, and permissions to do so; and (2) all such Content are
your
original works and have not been copied, in whole or in part, from another work and do not misappropriate,
infringe,
or
violate any copyright, trademark or other proprietary right of any other person or entity.
4.You also agree that you will not submit Content to a WebComics Media Service that contains third
party
copyrighted material, or material that is subject to other third party proprietary rights, unless you have
permission or
are legally entitled to post the Content and to grant WebComics Media all of the license rights.
5.You also agree that the Content you submit to the Service are not against or contrary to the
WebComics
Media Content and Community Guidelines, found at http://api.webcomicsapp.com/api/disclaimer/serverIndex, which
may
be
occationally updated, or contrary to local, national, and international laws and regulations.
6.WebComics Media does not endorse any Content submitted to the Service by any user or other
licensor, or
any
opinion, recommendation, or advice expressed therein, and WebComics Media expressly disclaims any and all
liability
in
connection with Content. WebComics Media does not allow copyright infringing activities and infringement of
intellectual
property rights on the Service, and WebComics Media will remove all Content if properly notified that such
Content
infringes on another's intellectual property rights. WebComics Media reserves the right to remove Content
without
prior
notice.
Content and Community Guidelines
1. Here are a few easy-to-understand rules:
a.Respect copyright: You may only upload content you made or have permission to use. You take
full
responsibility for all activities associated with your account, including any content you post.
b.Criticize constructively: When feedback is done with respect, it can be a great tool to make
new
friends and help others improve. Rather than a destructive way, share your thoughts constructively and focus on
the
content too rather than the creator
c.Prevent bullying: Promote friendship. Encouraging bad behaviour (e.g. abusive, demeaning,
threatening) within the community will not be tolerated. Do not ask your subscribers or friends and/or mobilize
your
social media followers to harass someone on other sites (like Tapas) or elsewhere.
d.Protect privacy: Unauthorized sharing of someone's personal details will not be allowed.
This
includes sensitive information such as real names, photos, phone numbers, home or email addresses, private
conversations, and/or other safety-compromising information.
2. A Equal Environment for Communication
a. A reminder to creators: WebComics is a platform where creators can directly communicate with readers and
other creators. We are aware that, as a creator, you need to develop more readers to read your comics, which
sometimes could be a tough job. But please make sure that you won’t publish any spam messages or private message
etc. to require others to read or subscribe to your comics, or even ask readers to send you money. The best way
to sell yourselves and establish a healthy interpersonal relationship is to improve your self-worth instead of
being a pain in the butt.
b. A reminder to users: We, WebComics, hope to build a place where users can communicate with each other. We
hope that you can comment nicely and friendly. If you find any user or comment offensive, please contact us via
Feedback section. We will deal with it promptly.
Content Control
1. Mature Content
a. WebComics allows content for mature readers to contain violent images; vulgar or obscene language, minor
physical exposure, etc., as long as they are subject to WebComics' Mature Content Filter. Our main purpose is
not to encourage users to read such content. But in the process of creating, it is inevitable that these
elements will be included, which is normal. As long as the creator does not intentionally encourage the readers
to read the content, we think it is acceptable. Pornography is prohibited.
b. When you are reading, it is important to understand the author's intentions. In some chapters, there may be
content that causes discomfort. For example: violent fighting, vulgar language, slightly naked characters,
offensive storylines, etc. Please believe that these plots appear only to promote the development of the story.
As you continue to read the story, you will have a more complete understanding of the story.
c. Of course, if your age is not suitable for reading mature content, WebComics will not allow you to read the
content. WebComics has an Mature Content Filter where we put age tag for all comic content. Users from different
countries and ages will use the system to read content that is only suitable for their age.
d. WebComics' Mature Content Filter tags all content. However, there are some unexpected situations. If you have
any suggestion on the content marked by the age-restricted reading system. Please contact us via Feedback
section on our app and we will keep you informed of your feedback.
e. Thumbnails, covers, and banners: Content elements that cannot be blocked with Mature Content Filters must be
appropriate for the general audience, as such content can appear anywhere and people may be in direct contact.
If you have questions about some of the content elements, please contact us via Feedback section on our app and
we will keep you informed of your feedback.
Feedback and Implementation
a. You may not like what you see on WebComics, and you may encounter content that makes you feel unpleasant or
disagreeable. Usually, you can ignore it and avoid sharing it with others. However, if you are experiencing
content that violates the content guidelines, please contact us via Feedback section on our app and we will deal
with it promptly.
b. If you find that some people’s behavior violates the regulations. For example: someone infringing copyright,
please let us know. The WebComics staff will review your report and we will assess whether it violates the
regulations or is inappropriate. If we determine that there is a problem, we will notify the account owner and
let them know what steps need to be taken to fix it. In extreme cases, we will either delete the content
directly or suspend the account without warning.
c. Please understand that everyone's views may be different. What you find unacceptable may not necessarily
unacceptable as well to others, nor is it a violation of our regulations. We try to maintain a fair and open way
to deal with problems. Your report will not be dealt with after we review it carefully, but weI hope that you
can further communicate with us about your opion.
2.Examples of strictly prohibited content include:
a.Content we consider to be dangerous or those which encourage illegal or injurious
activities,
like
provoking others to commit violent, destructive, self-sabotaging acts.
b.Content that are hateful and promotes or encourages violence or discrimination against a
person
or
group based on race, cultural or ethnic background, creed, disability, sexual orientation or gender identity,
and so
on.
c.Content with malice which exposes users to harmful websites or software. You are responsible
for
the
safety and validity of all outgoing links you post.
Licensing
WebComics Media does not claim ownership rights of your Content. Your Content are yours and
WebComics
Media
does not restrict you from using your Content for any purpose, unless stated in additional terms for other
programs
WebComics Media may provide.
1. By enabling WebComics Media to make your Content available on our platforms, you grant
WebComics
Media an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish
through
our platforms for the commercial purpose of digital publication on our website, through mobile devices, through
digital
sharing methods and through other digital means currently existing or not yet invented.
2. You may be compensated for Content published through one or more of our platforms if you
have
agreed
to participate in one or more of WebComics Media's Programs, defined herein the document. WebComics Media does
not
claim
ownership right in your Content when you participate in our WebComics Media Programs.
3. Unless you give us permission, WebComics Media will not redistribute nor sell your Content
to
third
party licensees. Advertisements on WebComics Media platforms from direct advertisers or third parties may be
served
with
Content. In an instance where WebComics Media offers an opportunity for Content owners to potentially benefit
from
compensation outside of WebComics Media platforms, such as licensing for merchandising, publication through
non-WebComics Media channels, making a movie or other licensing opportunities, a separate agreement with the
third
party
and your full consent would be required.
4.For the purpose of promoting, publicizing, marketing and furthering the success of your
Content
and
WebComics Media as a whole, you allow WebComics Media an ongoing, non-exclusive, worldwide, royalty-free license
and
right, but not obligation, to utilize Content that you publish on a WebComics Media platform, or give to
WebComics
Media, and your user persona including, but not limited to, your name, likeness, and biographical information
for
promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press,
posting
Content to social channels, or printing samples of Content for distribution at conventions.
WebComics Media Programs
1.Ad Revenue Program
a.When users visit our website, direct advertisers or third-party advertising companies are
used to
serve ads. Except for your name, address, email address or telephone number, these companies may use information
about
your visits to this and other websites in order to provide advertisements about goods and services of interest
to
you.
2.Virtual Currency and Purchases
a.Viewing content on WebComics Media's platform(s) may give you an opportunity to visit an
in-app
or
online store. By accessing these stores, you may have the opportunity to use an online "currency" to license
various
virtual goods, such as episodes of a story. You may also be awarded virtual Coins or other currencies to use for
virtual
"shopping." These currencies do not have a "real world" value, but may be exchanged for designated items. Some
items
have expiration dates while others do not. Items obtained by using virtual currencies will be added in your
account
until before the item's expiration date, your account's expiration or termination date, or such a time when the
platform
is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL CURRENCY, YOU DO
NOT
HAVE
ANY OWNERSHIP/ RIGHTS IN THE ITEMS OBTAINED WITH THE VIRTUAL CURRENCY. WebComics Media does not have any
liabilities
for
loss of your items from your account, but will use reasonable efforts to replace such items under certain
circumstances
in our reasonable discretion. We have no responsibility to and will not reimburse you for any item or any
experience
lost due to your violations of this and any other rules, policies, notices and/or agreements. Prices and
availability of
the items are subject to change without prior notice. You agree that you cannot and have no right to sell or
otherwise
transfer any of the items, virtual currency or any other content or information included in any WebComics Media
platform, in whole or in part, to any third person or entity whatsoever in return for anything of value
(including
"real" money) or otherwise. You further agree that any virtual currency you receive on any of WebComics Media's
platforms is not "real" currency or any type of real world financial instrument. Furthermore, it is not
redeemable
for
any sum of money from WebComics Media at any time.
b.WebComics Media is thankful for your support in using our services. WebComics Media would
not
have
been able to provide you the services we have built and improved upon since 2012 without your participation and
purchases . Your purchases and trust, most importantly, are very significant for us and we truly want your
experience to
be the best possible.
c.WebComics Media does not own the content we license to our readers in most cases. With that
being
the
case, there may be times when the content you have paid to view is removed by the content owners from our
platform
before you have had a chance to view it. If you have made a purchase to view content that is removed within 7
days
of
your purchase and haven’t had the chance to view it, please contact [email protected]
with the subject CONTENT REMOVED BEFORE VIEWED, and we will cooperate with you to replace your unlocked and
unread
episodes for WebComics Coins.
Termination
1.You have the right to opt out of the Services at anytime by removing your Content or by sending a
written
notification with the subject line "Opt Out Notice" to WebComics Media via email at [email protected]
2.Users, who violate these Terms of Service, tamper with the operation of any program, or engage in
any
conduct that is detrimental or unfair to WebComics Media, the program or any other users (in each case as
determined
by
WebComics Media's sole discretion) are subject to suspension or cancellation of their user account(s) along with
their
ability to submit requests for payment.
3.WebComics Media will terminate a user's access to the Service if the user is identified to be a
repeat
infringer, under appropriate circumstances, .
4.WebComics Media reserves the right to decide whether Content violates these Terms of Service for
reasons
besides copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.
WebComics
Media at any time, without prior notice and in its sole discretion, reserves the right to remove such Content
and/or
terminate a user's account for submitting such material in violation of these Terms of Service.
Copyright Violations
1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
the
following information by mail to 1603 Wanghai Road,Plan Ⅱ of Software Park,Siming District,Xiamen City,Fujian
Province,China or by email with the subject line "Copyright" to [email protected]
in writing (see 17 U.S.C 512(c)(3) for further detail):
a.A physical or electronic signature of a person authorized to act on behalf of the owner of
an
exclusive right that is allegedly infringed;
b.Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted
works at a single online site are covered by a single notification, a representative list of such works at that
site;
c.Identification of the material that is claimed to be infringing or to be the subject of
infringing
activity, and that is to be removed or access to which is to be disabled, and information sufficient to permit
the
service provider to locate the material;
d.Information sufficient to allow the service provider to contact you, such as an address,
telephone
number, and, if available, an electronic mail;
e.A statement that you have a good faith belief that use of the material in the manner
complained
of is
not authorized by the copyright owner, its agent, or the law; and
f.A statement that the information in the notification is accurate, and under penalty of
perjury,
that
you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By failing to comply with all of the requirements of this Section, you acknowledge that your DMCA
notice may not be valid.
2.Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of
the methods outlined containing the following information:
a.Your physical or electronic signature;
b.Identification of the Content that has been removed or to which access has been disabled and the location at
which the Content appeared before it was removed or disabled;
c.A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake
or a misidentification of the Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of
the federal court in San Francisco, California, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is received by WebComics, we may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed Content or cease disabling it in 7
business days. Unless the copyright owner files an action seeking a court order against the Content provider,
member or user, the removed Content may be replaced, or access to it restored, in 10 to 30 business days or more
after receipt of the counter-notice, at our sole discretion.
Warranties and Disclaimers
1. WebComics Media will not make specific promises about the Service other than as expressed in
these
terms
or in additional terms; for example, WebComics Media will not make any commitments about the content within the
service,
the specific function of the Service or their reliability, availability, or ability to meet your needs. The
Service
is
provided by WebComics Media AS IS.
2. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability,
fitness
for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Limitation of Liability
1.The Service will be governed, construed and interpreted under the laws of the United States.
Members
are
bound by these Terms of Service and by the decisions of WebComics Media, which are all final. WebComics Media
reserves
the right to discontinue or suspend user accounts and any benefits should viruses, bugs, unauthorized human
intervention, or other causes beyond our control affect the administration, security, or proper handling of the
benefits, or WebComics Media otherwise becomes incapable of running the program as planned, as determined in its
sole
discretion. In the instance of bankruptcy, WebComics Media reserves the right to deny all benefits and
obligations
that
it may have.
2.WebComics Media will not be responsible for lost profits, revenues, or data/financial losses, or
indirect,
special, consequential, exemplary, or punitive damages when permitted by law.
3. To the extent permitted by law, the total liability of WebComics Media for any claim under these
terms,
including any implied warranties, is limited to the amount you paid us to use the Service.
4.In all cases, WebComics Media will not be liable for any losses nor damages that is not reasonably
foreseeable.
5.Further agreements between you and WebComics Media supersede these Terms of Service, in case of
conflicts
or inconsistencies.
For questions about these Terms of Service, send an e-mail to [email protected]