Disclaimer and Liability
By accessing our content, you expressly agree to use TopCow.com at your own risk. TopCow.com, its owners, its contributors, its affiliates and other related parties do not warrant the accuracy, completeness or reliability of any content, nor do they warrant the error-free, secure or uninterrupted delivery of service, and no oral or written information provided by the above parties shall enact such a warranty. Under no circumstances will TopCow.com be liable for direct, indirect or incidental damages or loss or injury resulting from the use of our site, including, but not limited to, the downloading of content, errors, interruptions, delays in operation or transmission, omissions, deletion of files or e-mail, defects, viruses, theft, destruction, or unauthorized access to TopCow.com’s records or services.
All information contained within TopCow.com is protected under U.S. copyright laws. All rights reserved. TopCow.com’s content may only be reproduced, without alteration, for distribution in print or electronically if permission has been granted by TopCow.com. This includes all hidden text displayed within our source code.
All Copyrights and trademarks used on TopCow.com are the properties of their respective Licensors.
By registering at TopCow.com, you certify that all information provided by you is accurate. Registered users may change their passwords any time, and as often as they like. Usernames, however, cannot be changed. You are solely responsible for the use of your username and password. Registered users who lose their username and password should contact TopCow.com immediately.
Linking to TopCow.com
While TopCow.com generally encourages external sites to link to our site, we are not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Rules of Conduct
While TopCow.com does not condone censorship and our message boards are meant to encourage open discussion, we will not tolerate unlawful or uncivilized behavior. With this in mind, TopCow.com posters, both registered and unregistered, agree to adhere to the following rules:
- You may not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy, or otherwise in violation of the law.
- You may not unlawfully post copyrighted material.
- You may not post or link to sexually explicit material.You may not post any file that contains viruses, corrupted files, Trojan Horses, or any other destructive content.
- You may not impersonate any person, or falsely state or misrepresent your affiliation with a person or entity, or post advertisements, chain letters, pyramid schemes or solicitations.
Refusal to abide by these rules is grounds for the revocation of your posting privileges.
We reserve the right to remove, edit, move or close any thread for any reason or for no reason whatsoever. You agree to hold TopCow.com harmless from any claims or liabilities arising from the violation of these rules. As a poster, you are solely responsible for the use of your username or alias and password. Registered users who lose their username and password should contact TopCow.com immediately.
Usage of TopCow.com by minors
TopCow.com cannot and will not prohibit children under 18 from visiting our site. We encourage concerned parents or guardians to peruse TopCow.com with their children. TopCow.com does not condone censorship. Comic books and other graphic media, while sometimes intended for mature audiences, should be available for the enjoyment of all. While TopCow.com makes no claims of compliance with the Children’s Online Privacy Protection Act, we do not feel that our content is necessarily inappropriate for minors. If you disagree, or if you find any of our content offensive, feel free to leave TopCow.com at any time.
Information Collection and Use
TopCow.com is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. TopCow.com collects information from our users at several different instances. Registration
In order to become a registered user at TopCow.com, a user must first complete the registration form. During registration a user is required to provide a valid e-mail address and to create a username. This information is used to contact the user about the services on our site for which they have expressed interest. All other information, is optional, but encouraged so we can provide a more personalized user experience.
TopCow.com uses IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
When TopCow.com partners with another party to provide specific services, and a user signs up for these services, we will share names, or other contact information necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
This Web site contains links to other sites. Please be aware that TopCow.com is not responsible for the privacy practices of such sites. We encourage our users to be aware when they leave our site and to read the privacy statements of every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by TopCow.com.
Surveys & Contests
From time to time, TopCow.com requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice as to whether or not he or she will disclose personal information. Information requested may include contact information (such as name and address), and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of TopCow.com.
TopCow.com sends all new members a welcome e-mail to verify password and username. Only members who opt to receive such correspondence will occasionally receive information on products, services, special deals, and/or a newsletter. TopCow.com always offers members the ability to opt-out of correspondence. Please see our choice and opt-out guidelines below.
Site and Service Updates
TopCow.com also sends registered users site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their membership via e-mail.
Correction/Updating Personal Information
If a registered user’s personally identifiable information changes, or if a registered user wants to terminate his or her membership, we will endeavor to provide a way to correct, update, or remove that user’s personal information from our database. This can usually be done at the member information page or by e-mailing us at info@TopCow.com.
TopCow.com’s users are given the opportunity to opt-out of having their information used for purposes not directly related to TopCow.com at the point at which we ask for the information.
Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by e-mailing us at info@TopCow.com.
TopCow.com users are always notified when their information is being collected by outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
Top Cow does enforce a policy that provides for termination in appropriate circumstances of members who are repeat infringers. If you believe that a member is a repeat infringer, please follow the instructions above to contact Top Cow and provide information sufficient for us to verify that the member is a repeat infringer.
Notification of Changes
DIGITAL COMIC USER AGREEMENT
Please read this Digital Comic User Agreement (“Agreement”) carefully before purchasing any digital content made available on www.TopCow.com (collectively, “Digital Comics”). Completing your purchase signifies your acceptance of these terms. If you do not agree to these terms, you may not purchase or download Digital Comics from this site.
- Use of Digital Comics
Top Cow Comics, Inc. (“Top Cow”) grants you a limited, nontransferable, revocable, personal license to access, download, and use the Digital Comics, subject to the following:
- You shall not modify, alter, or otherwise change any Digital Comic, except for annotating or highlighting for your own personal use.
- You shall not create derivative works from or of any Digital Comic.
- You shall not copy, reproduce, or otherwise transfer or enable the transfer of any Digital Comic to any computer or other device of any other person; provided, however, that you may transfer Digital Comics to your own computer or other e-reader devices for your own personal use.
- You shall not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any Digital Comic available to any other person, to the extent that doing so requires making a copy of the Digital Comic (e.g., a copy on a hard drive, RAM, flash memory, a paper copy, etc.). A Digital Comic may be shared only by sharing the device containing the Digital Comic.
- You shall not use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Digital Comic or any portion thereof, including but not limited to any metadata associated with the Digital Comic.
Top Cow reserves the right to modify or discontinue the offering of any Digital Comic available on its website at any time. If a Digital Comic becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for the Digital Comic. Some Digital Comics may not remain available for re-download from your online library, if for example, Top Cow no longer has the necessary rights or permissions to that Digital Comic or has otherwise determined to no longer make the Digital Comic available. Digital Comics you have already downloaded to your own computer or device will not be affected.
- Ownership of Digital Content
All intellectual property rights, including without limitation, all copyrights, trademarks, and patent rights in and to the Digital Comics remain the sole property of the Digital Comic’s creator. No title or license right is granted to you except as expressly set forth in this Agreement.
- Disclaimer of Warranties
ALL DIGITAL COMICS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOP COW, ITS AFFILIATES (INCLUDING DIGITAL COMIC CREATORS), AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. TOP COW, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT ACCESS TO THE DIGITAL COMICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TOP COW OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TOP COW’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY DIGITAL COMIC WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT ACTUALLY PAID BY YOU TO TOP COW FOR THE DIGITAL COMIC(S) GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Top Cow and any of its respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates, or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs, and expenses (including reasonable legal and accounting fees) arising or resulting from: (i) your violation of this Agreement or any other applicable terms or conditions; (ii) your unauthorized use of any Digital Comics, including, but not limited to, your unauthorized copying or distribution of any Digital Comic; or (iii) your negligence or willful misconduct. Top Cow reserves the right, at its discretion, to assume or participate, at your expense, in the investigation, settlement, and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without Top Cow’s prior written consent unless such settlement includes a complete release of Top Cow from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, Top Cow.
This Agreement will terminate immediately without notice from Top Cow if in Top Cow’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you shall no longer have access to any Digital Comics stored on Top Cow’s website. The other provisions of this Agreement shall survive termination and all restrictions contained therein shall remain applicable to all previously-downloaded Digital Comics.
- Governing Law and Venue
This Agreement shall be governed and interpreted in accordance with the laws of the State of California and the United States of America, without regard to principles of conflict of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any action arising out of or related to this Agreement shall be brought in state or federal court, as appropriate, in Alameda County, California, and both parties hereby waive the right to object to that choice of law, personal jurisdiction, or venue.
- General Provisions
This is the entire Agreement between the parties relating to the subject matter herein. Top Cow may revise this Agreement at any time without notice by updating this posting. You may not assign this Agreement or any right or obligation hereunder. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.