terms of use
Last Revised On: 01/02/2019
BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES.
SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS
AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION
LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.
Read more here.
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of
our U.S. website, mobile application or other digital service (each a “Digital Service”). Please review the full Terms
of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the
full Terms of Use below.
Highlights
Application and Acceptance of the Terms of Use
- Each time you access or use the Digital Services, you agree to be bound by the Terms of Use along with our Privacy
Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital
Services that are owned or operated by King Features Syndicate, Inc. (“we”, “us”, “our” or “King Features”). - You acknowledge that we will use information we obtain about you in connection with your access to and use of the
Digital Services in accordance with our Privacy Notice.
Your Responsibilities
- You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to
and use of the Digital Services. - You are solely responsible for any user content you provide to us.
- You are responsible for your conduct in relation to the Digital Services, and your access to or use of the Digital
Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the
section entitled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use below.
Intellectual and Other Proprietary Rights
- Your access and use of the Digital Services and Content is for personal and noncommercial purposes only.
- As between King Features and you, King Features owns all right, title and interest in and to the copyrights,
trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the
world associated with the Digital Services and Content except, if applicable, with respect to your User Content. - You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial
use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code
used in any software) or Content, whether or not for profit. - If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we
may take steps to terminate that user’s access to the Digital Services. We reserve the right (but have no
obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole
discretion.
Release, Indemnity, Disclaimers and Limitation of Liability
- You agree to indemnify and hold King Features (and its affiliates and its and their officers, directors,
employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use of the Digital Services or Content, (b) your
User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations. - King Features disclaims any warranties and provides the Digital Services “as is”.
- Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.
Third Parties
- King Features is not responsible for any links to third-party websites, apps or other services, including social
media platforms. - We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our
Digital Services. This means that we may earn a commission when you click on or make purchases via third-party
affiliate links.
Termination
- King Features may, in its sole discretion, terminate your password, account (or any part thereof), access to or
use of the Digital Services, or remove and discard any User Content (as such term is defined in the Terms of Use
below) or information stored, sent, or received via the Digital Services without prior notice and for any reason or
no reason.
Changes to the Terms of Use
- We may revise the Terms of Use prospectively by posting an updated version on the Digital Services.
- The Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the
use of the Digital Services. - If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions
of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it
is valid and enforceable to the maximum extent permitted by law.
Copyright Policy
- If you believe your copyright has been infringed, you may provide us with notice in accordance with the process
described in the corresponding section of the Terms of Use below.
Terms of Use
Last Revised On: 1/02/2019
-
Applicant and Acceptance of this Agreement
These Terms of Use along with our Privacy Notice and
any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services
that are owned or operated by King Features Communications, Inc. (“we”, “us”, “our” or “King Features”), are a
contract in electronic form between you (“you,” “your,” and “yourself”) and King Features (the “Agreement”). This
Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This
Agreement applies to King Features and its affiliates only and does not cover other companies, including third
parties that may advertise or sponsor content, products or services on the Digital Services or any third-party
platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital
Services or any Content (as defined below).The Digital Services and Content are for general information, discussion and entertainment purposes only. The
term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written
posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise
made available through or in connection with the Digital Services. We make no representations or guarantees about
any aspect of the Digital Services and Content and do not endorse any opinions expressed by any users. THE DIGITAL
SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS
AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR
ANY CONTENT. -
Privacy Notice
In connection with your access to or use of the Digital Services, we may obtain information from or about you. We
will use your information in accordance with our Privacy
Notice, which describes our privacy practices as well as choices you may have with respect to the collection
and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice
is incorporated into this Agreement and forms part of the Agreement. -
Accuracy of Your Information
The information you submit to us through the Digital Services, including as part of your account creation,
registration or membership, must be truthful, accurate and current. You are responsible for maintaining the
accuracy of such information. If we believe that your information is not truthful, accurate or current, we have
the right to terminate, suspend or refuse you access to the Digital Services. -
Age Eligibility and Legal Capacity
The Digital Services are not intended for access or use by children, especially those under the age of 13. If you
are under the age of 13, you may not access or use the Digital Services or provide information to us.By accessing or using the Digital Services, you represent that you have legal capacity to enter into this
Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter
into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian
before using the Digital Services; if your parent or guardian do not agree with the Agreement as applied to you,
then you are not authorized to access or use the Digital Services. -
Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your username, password and other credentials (your
“Credentials”) that you may be asked to create to access the Digital Services or certain features or portions
thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you
or not. You agree to immediately notify King Features of any actual or suspected unauthorized use of your
Credentials or any other breach of security. We are not responsible or liable for any loss or damage
resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this
Agreement. -
Intellectual and Other Proprietary Rights
Your access and use of the Digital Services and Content is for personal and noncommercial purposes only. The
rights granted to you in this Agreement are subject to the following restrictions:- The Digital Services include Content that is derived in whole or in part from content or materials supplied
and owned by King Features, King Features’ licensors or third parties. As between King Features and you, King
Features owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names,
patents and all other intellectual and proprietary rights throughout the world associated with the Digital
Services and Content except, if applicable, with respect to your User Content (as defined below). - You acknowledge King Features’ valid intellectual and proprietary property rights in the Digital Services and
Content and that your use of the Digital Services is limited to accessing, viewing and downloading of the
Digital Services and Content, as authorized by King Features. Nothing in this Agreement shall be deemed to
convey to you any right, title or interest into such intellectual and proprietary property rights or to the
Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein. - You may not either directly or through the use of any computer, tablet, phone or other device (each a
“Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere
with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or
Content, or (ii) any digital rights management mechanism, device, or other content protection or access control
measure associated with the Digital Services or Content. You may not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Digital Services (including any code used in
any software) or Content. - You may not either directly or through the use of a Device or other means copy, download, stream, reproduce,
duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit
or retransmit the Digital Services or Content unless expressly permitted by King Features in writing. You may
not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content
via, any hardware or software application or make the Digital Services or any Content available via frames or
in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any
third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other
data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or
aggregate the Digital Services, Content or any portion thereof. You may not knowingly or intentionally take any
action that may impose an unreasonable burden or load on the Digital Services or its servers and
infrastructures. - You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other
commercial use of, or create derivative works or materials utilizing any portion of the Digital Services
(including any code used in any software) or Content, whether or not for profit. - To the extent we make the Digital Services or Content available to you via a widget, embedded player or other
technology that allows you to embed or stream Content on or to another online service, you may not modify,
enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital
rights management mechanism, device, or other content protection or access control measure associated with
Content. - You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to
view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements
and (ii) having full access to all functionality permitting viewing of Content, including, without limitation,
all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Digital Services or Content shall be
subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or
materials must be retained on all copies thereof. Modification or use of the Digital Services (including any
content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a
violation of the copyrights and/or trademarks protected by law and this Agreement.If you provide King Features any feedback or suggestions for improving or regarding your use of the Digital
Services (“Feedback”), you hereby assign to King Features all rights in the Feedback and agree that King Features
shall have the right to use such Feedback and related information in any manner it deems appropriate. King
Features will treat any Feedback you provide to King Features as non-confidential and non-proprietary. You agree
that you will not submit to King Features any information or ideas that you consider to be confidential or
proprietary. - The Digital Services include Content that is derived in whole or in part from content or materials supplied
-
User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Digital
Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any
Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited
submissions. You assume all risks associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third
party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored
or endorsed by King Features. Because you alone are responsible for your User Content (including backing up your
data), you may expose yourself to liability. Under no circumstance will King Features be liable for any inaccuracy
or defect in any User Content.You hereby grant, and you represent and warrant that you have the right to grant, to King Features an
irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User
Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and
cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.Because we do not control User Content, you acknowledge and agree that we are not responsible for any User
Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content,
and we assume no responsibility for any User Content. Your interactions with other users of the Digital Services
are solely between you and such user. You agree that King Features will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you and any user of the Digital
Services, we are under no obligation to become involved. You acknowledge that other users may post comments about
your User Content which may be derogatory, and King Features has no obligation to monitor or delete any such User
Content. King Features may remove or modify any User Content without notice or liability at any time in King
Features’ sole discretion. -
User Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls,
or through any other user generated submission, and may use your name and any stories you provide us in articles
or other features published on the Digital Services or in our publications, advertising or sponsored content. If
you provide us with personal anecdotes, they may be attributed to you. King Features can edit, rewrite, use, and
reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with
or without attribution, including publication in the Digital Services or our publications, advertising or
sponsored content.Invited Submissions
From time to time, the Digital Services may expressly request submissions of concepts, stories, or other
potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and
conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the
submissions and may affect your legal rights. If no such additional terms govern those submissions, then this
Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL
NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of
any content that you submit to through the Digital Services. -
Enforcement
If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take
certain remedial steps, including refusing access to the Digital Services to any person or entity and change
eligibility requirements at any time.If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we
may take steps to terminate that user’s access to the Digital Services. We reserve the right (but have no
obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole
discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital
Services (including any user account, registration or membership), legal action and/or reporting you to law
enforcement authorities. If King Features elects to modify User Content, King Features nonetheless assumes no
responsibility for the User Content.King Features reserves the right to investigate suspected violations of this Agreement, including without
limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings
or emails you make on or send through the Digital Services. King Features may seek to gather information from the
user who is suspected of violating this Agreement and from any other user. King Features may suspend any users
whose conduct or postings are under investigation and may remove such material from its servers as it deems
appropriate and without notice. If King Features believes, in its sole discretion, that a violation of this
Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently,
cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it
deems appropriate. King Features may cooperate with law enforcement authorities or court order requesting or
directing King Features to disclose the identity of anyone posting any emails, or publishing or otherwise making
available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND
HOLD HARMLESS KING FEATURES (and its affiliates and its and their officers, directors, employees, contractors, and
agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KING FEATURES (AND ITS AFFILIATES AND ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KING FEATURES OR LAW ENFORCEMENT AUTHORITIES. -
Your Conduct and Responsible Use of the Digital Services
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or
use of the Digital Services and Content:- No Criminal or Unlawful Conduct. You may only use the Digital Services and Content (including any
information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and
regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that
would constitute a criminal offense or give rise to civil liability. - Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise
distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous,
defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise
inappropriate User Content or other material or information of any kind, including, without limitation, any
images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting
unlawful User Content, material or information could expose you to criminal and/or civil liability. - Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or
facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights
of any third party, including without limitation, patent, trademark, copyright, right of publicity or other
proprietary rights. You agree that if a third party claims that User Content, material or information you have
posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it
is lawful. You understand and agree that all User Content, material or information publicly posted or privately
transmitted on or through the Digital Services are the sole responsibility of the sender, not King Features, and
that you are responsible for all User Content, material or information you upload, publicly post or otherwise
transmit to or through the Digital Services. If we become aware that any of our users has infringed the
proprietary rights of any third party, we may take steps to terminate that user’s access to our Digital
Services. If any third party provides you compensation or other value for your User Content, you are responsible
for making any appropriate or required disclosures regarding such compensation or other value. - No Collection of Personal Information from Others. You may not, through manual or automated means,
collect, harvest, gather, assemble or store personal information about other users of the Digital Services
(including their email addresses or other contact information) without their explicit consent. You may not use
any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or
bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or
reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited
emailing for business or other purposes) or undertake any other activity which may adversely affect the
operation or enjoyment of the Digital Services by any other user or third party, including placing malware on
the Digital Services. - No Bullying, Impersonation or Interference. You may not use the Digital Services to threaten, abuse, harass,
or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely
state or otherwise misrepresent your professional or other affiliation with King Features or with any other
person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or
enjoying the Digital Services. - No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a
software virus or any other computer code that is designed or intended to disrupt, damage, or limit the
functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital
Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or
create an undue burden on servers or networks connected to the Digital Services. - No Violations of Security Systems. You are prohibited from using the Digital Services to compromise the
security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts or any
other computer systems, resources or networks. The use or distribution of tools designed for compromising
security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly
prohibited. If you become involved in any violation of systems security, King Features reserves the right to
release your details to relevant third parties, law enforcement and/or governmental authorities in order to
assist them in resolving security incidents.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or
refrain from taking, any and all steps available to us, including suspending or terminating your access to the
Digital Services or seeking other legal or equitable remedies, once we become aware of any violation of this
Agreement. - No Criminal or Unlawful Conduct. You may only use the Digital Services and Content (including any
-
Availability of and Modification to the Digital Services and Content
We do not guarantee that the Digital Services or any Content will be made available through the Digital Services.
We may change, modify, edit, suspend, discontinue or otherwise manipulate the Digital Services, Content or any
part, feature or service of the Digital Services at any time with or without notice to you. You agree that King
Features will not be liable to you or to any third party for any modification, suspension, or discontinuance of
the Digital Services, Content or any part thereof. -
Purchases
We may make certain products, features and services available for purchase or download (“Purchases”) on or
through the Digital Services. You agree to pay any applicable fees for any Purchases you make, including, without
limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or
features that you purchase, access or download via the Digital Services may be subject to additional terms and
conditions presented to you at the time of purchase, access or download. -
Release
If you have a dispute with one or more users of the Digital Services (including merchants), you release King
Features (and its affiliates and its and their officers, directors, employees, contractors and agents) from
claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you
expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that
would otherwise limit the coverage of this release to include only those claims which you may know or suspect to
exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” -
Indemnity
You agree to indemnify and hold King Features (and its affiliates and its and their officers, directors,
employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use of the Digital Services or Content, (b) your
User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. King
Features reserves the right, at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of King Features. King Features will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it. -
Disclaimers
THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY
DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR
REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE
INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY
OTHERS. KING FEATURES ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK.
KING FEATURES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE Digital Services or any online
services linked to the Digital Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER
NO CIRCUMSTANCES SHALL KING FEATURES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF
ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME
AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH KING FEATURES
OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN
INDIVIDUAL CIRCUMSTANCE. KING FEATURES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE
DIGITAL SERVICES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
-
Limitation of Liability
IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents
) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS,
COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO
USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES
BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID KING FEATURES IN THE PRIOR 12
MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE
PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES,
SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. -
Third Party Services and Ads
The Digital Services might contain links to third-party websites, apps or other services (e.g., social media
platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such
Third-Party Services and Ads are not under the control of King Features and King Features is not responsible for
any Third-Party Services and Ads. King Features provides these Third-Party Services and Ads only as a convenience
and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party
Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to
Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s
privacy policies. -
Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our
Digital Services. This means that we may earn a commission when you click on or make purchases via third-party
affiliate links. -
Local Regulations
King Features makes no representation that the Digital Services or Content are appropriate or available for use
outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital
Services or Content from other locations, you do so on your own initiative and at your own risk.You are responsible for complying with local laws, if and to the extent local laws are applicable. You
specifically agree to comply with all applicable laws concerning the transmission of technical data exported from
the United States or the country you reside in. -
Termination
King Features may, in its sole discretion, terminate your password, account (or any part thereof) or use of the
Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital
Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting
another person or entity to use your identification to access the Digital Services, (ii) any unauthorized access
or use of the Digital Services, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any
of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may
terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or
your access rights to the Digital Services shall not affect any right or relief to which King Features may be
entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will
automatically terminate and immediately revert to King Features and its licensors and all rights granted by you to
King Features shall survive in perpetuity.Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the
Digital Services, the following provisions of this Agreement will survive: Sections 2 – 27. -
Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the
use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. The word including means including without limitation. If any provision of
this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement
will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. -
Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Digital Services. You consent
and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the
Digital Services. You should visit this page or section regularly to review the current version of the Agreement.
Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions. -
Dispute Resolution (Arbitration Clause and Class Action Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright,
trademark, or trade secret, any and all disputes between you and King Features arising under or related in any
way to this Agreement, must be resolved through binding arbitration as described in this section. This
agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all
claims and disputes relating to your use of any of the Digital Services. - YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND KING FEATURES ARE EACH WAIVING THE RIGHT TO TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND KING FEATURES AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS
AND CLASS ACTIONS ARE NOT PERMITTED. - The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section.
For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and King Features must
abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions;
and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by
the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San
Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment
in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by
a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state
or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other
party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal
courts located in New York City, New York.
- Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright,
-
No Waiver
No failure or delay by King Features in exercising any right, power or privilege under this Agreement will
operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. -
Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State
of New York, USA without giving effect to any law that would result in the application of the law of another
jurisdiction. -
Notice to California Users
Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento,
California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. -
Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services
have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 300 West 57th
Street, New York, New York, 10019, fax: 212-649-2035; [email protected]. If you believe your copyright has been
infringed, you may provide us with notice. To be effective, the notification must be a written communication that
includes the following:- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; - 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; - 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 reasonably sufficient to permit
us to locate the material; - Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be contacted; - A statement that the complaining party has 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 - A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on
our site, electronic mail to a user’s e-mail address in our records, or by written communication sent by
first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide
counter-notification in writing to the designated agent that includes the information below. To be effective, the
counter-notification must be a written communication that includes the following:- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at
which the material appeared before it was removed or access to it was disabled; - A statement from you under the penalty of perjury, that you have a good faith belief that the material was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and - Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a
Federal District Court for the judicial district in which your physical address is located, or if your physical
address is outside of the United States, for the judicial district in which our offices are located, and that
you will accept service of process from the person who provided notification of allegedly infringing material or
an agent of such person.
We have a policy of terminating access to our Digital Services of any user who repeatedly infringes the
proprietary rights of any third party. - A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right
-
Copyright/Trademark Information
Copyright © 2019, King Features Syndicate, Inc. All rights reserved. All trademarks, logos and service marks
(“Marks”) displayed on the Digital Services are our property or the property of other
third parties. You are not permitted to use these Marks without our prior written consent or the consent of such
third party which may own the Marks. -
Contact Us.
If you have any questions about this Agreement, you may contact us by email at [email protected].