Updated May 12, 2006
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by Enemy Kite LCC ("Enemy Kite"), currently including comicvine.com. The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users").
Enemy Kite may choose to change the TOS at any time and such changes will be considered enforcable 7 days after posting. It is up to our users to check over this document periodically for changes.
2. Enemy Kite Services
A. Service Changes and Discontinuation. Enemy Kite reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Enemy Kite will not be liable to you if the service is discontinued.
B. Service Limitations. You agree that our Services are provided "AS IS" and "AS AVAILABLE". Enemy Kite will not be held responsible for any loss of service, data or personal settings that you make to our sites.
C. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; comments; blogs, data, images; audio or video files; and guides. You may only post content you own, have created or which you have clear permission to Post. You agree that Enemy Kite does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You agree that Enemy Kite, its staff and volunteers will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service.
3. General Rules
Enemy Kite has set up the following guidelines to provide the best experience for its users.
A. Provide Accurate Information in any forms on our Services including any data submitted through a form.
B. Keep your password gaurded. Because Enemy Kite can not tell the identity of the personal sitting behind the computer, please keep your password protected at all times. Enemy Kite is not liable for damage done to your content should your account be tapped by another person.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Enemy Kite and/or its licensors. Enemy Kite makes use of serveral open source libraries and technologies which are copyright their individual holders.
E. Limits on Use of the Services. You agree not to take part in the building of any scrapers or robots that seek to grab licensed content from the Services. In the case of comicvine.com, the vehicle database will be provided at a later date in a feed so there should be no need for scraping, which causes a huge strain on our hardware. You also agree not to impersonate any individuals or staff.
F. Our Communities
1) Community Conduct. Enemy Kite provides a vast array of tools for individuals to publish content. You agree not to participate in any of the following to maintain the friendly enviroment at our Services:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Post files that contain material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
5. advertise or offer to sell any goods or services for any commercial purpose.
6. Post surveys, contests, pyramid schemes or chain letters.
7. download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. restrict or inhibit any other User from using and enjoying any public area of the Services.
9. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
Enemy Kite reserves the right to remove or destroy any accounts containing harmful language. This is at the sole discretion of Enemy Kite and its staff.
2) Monitoring. While Enemy Kite does its best to moderate user content, all content should be considered live without such moderation.
3) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. Content provided through our user tools is done so at your own risk. Enemy Kite is not responsible if your content is reproduced by other parties. Enemy Kite does not control or endorse the content, messages or information found in any community and, therefore, Enemy Kite and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools.
4. Rights You Grant to Enemy Kite.
User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding personal profile information and your blog, you hereby irrevocably grant to Enemy Kite, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed.
5. Children and Mature Content
The Services are not directed to children under the age of 13. Enemy Kite takes all precautions to disallow registration for children under the age of 13.
6. Other Legal Agreements
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENEMY KITE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide Enemy Kite with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Enemy Kite can be reached as follows:
By mail:
Enemy Kite, LLC
Attn: David Snider
2532 Durant Ave. Suite 102
Berkeley, CA 94704
Email: info@comicvine.com
C. Miscellaneous. Enemy Kite's rights under the TOS may not be waived unless Enemy Kite agrees to such change in writing. The TOS and your account on the Services are personal to you and may not be transferred or assigned. The TOS is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. Enemy Kite's performance of the TOS is subject to existing laws and legal process, and nothing contained in the TOS is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Enemy Kite with respect to such use. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. The TOS, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and Enemy Kite regarding the Services. A printed version of the Enemy Kite and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOS shall be written in English.
G. Notices. Enemy Kite may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided Enemy Kite with your accurate email address.
Direct questions or notices to Enemy Kite as follows:
Enemy Kite, LLC
Attn: David Snider
2532 Durant Ave. Suite 102
Berkeley, CA 94704
Email: info@comicvine.com
