Terms of Service

Terms

本使用条款是漫画导报(“漫画导报”或“我们”或“我们”)与每一位访问者或注册用户(视情况而定，每一位“用户”或“您”)之间关于漫画导报和/或其公司附属机构拥有、控制、运营或托管(无论是现在或将来)网站(包括本网站)的协议的组成部分。

The other integral part of this agreement is the Comic Book HeraldPrivacy Policy. By using this website, you agree to be bound by these Terms of Use (“Terms of Use” or this “Agreement”), whether or not you registered for an account. All capitalized terms used herein that are not otherwise defined in these Terms of Use shall be defined in the Privacy Policy. If you have any questions concerning this Agreement, pleaseemail us.

This Agreement sets out the legally binding terms for your use of the Website. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. This Agreement includes Comic Book Herald’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website, and thePrivacy Policy. You may also receive a copy of this Agreement by emailing us.

请仔细选择您在网站上发表的评论和您在个人资料中提供的信息。您的评论和个人资料可能不包括以下内容:电话号码、街道地址、姓氏，以及您发布的任何照片可能不包含裸体、暴力或冒犯性的主题。Information provided by other registered users in their personal profiles or in their reader comments may contain inaccurate, inappropriate or offensive material, products or services and Comic Book Herald assumes no responsibility or liability for this material.

We reserves the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Websites at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline Comic Book Herald event, you agree to release and hold Comic Book Herald and the Websites harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Comic Book Herald event, even as a result of negligence by Comic Book Herald.

1. Registration
By registering for the Websites, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Websites will not violate any applicable law or regulation. Your personal profile may be deleted without warning if it is found that you are misrepresenting your age. Your registration is solely for your personal use, and you shall not authorize others to use your account, including your personal profile or email address. You are solely responsible for all content published or displayed through your account and for your interactions with other registered users. You may only register once for the Websites. If you would like to change your user name, pleaseemail us. Multiple registrations will result in the removal of your registration privileges under any user name. We reserve the right to delete user names which might be considered objectionable.

2. Term
当您使用网站时，本协议将继续保持完全有效。您可随时以任何理由与我们联系，终止您的注册。我们可随时以任何理由终止您的注册，通知发送至您的注册电邮地址后生效。即使注册终止，本协议仍然有效，包括第4、5、7和9-16条。This Agreement may change from time to time.

3. Non Commercial Use
The Websites is for the personal use of our users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Comic Book Herald. Illegal and/or unauthorized use of the Websites, including collecting user names by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Websites.

4. Proprietary Rights in Content on the Websites
漫画先驱拥有并保留网站的所有所有权。该网站包含版权材料，商标，和其他专有信息的漫画书先驱。除属于公共领域或您已获得书面许可的信息外，您不得复制、修改、发布、传输、分发、执行、展示或出售任何此类专有信息。只要不以任何方式修改RSS提要，就可以重新发布。

5. Content Posted on the Websites.
(a) You understand and agree that Comic Book Herald, in its sole discretion, may review and delete any reader comments, personal profiles, information and photographs contained in personal profiles, and messages to other registered users (collectively, “Content”).
(b) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Websites or any material or information that you transmit to other registered users.
(c) By posting any Content to the public areas of the Websites, you hereby grant to Comic Book Herald the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Websites. Content posted to the public areas of the Websites may be used on the air on the radio station, the radio station’s affiliate stations or the streaming station for commercial or entertainment use. This includes but is not limited to comments, video, audio, photos and all other content posted to public areas of the Websites. If you would like to request that any of your Content be removed from the Websites, pleasecontact us. We will consider your request, but have the right to deny any request if we determine in our sole discretion that removal of the Content in question would harm the experience of our users on the Websites. You represent and warrant that: (i) you own the Content posted by you on the Websites or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Websites.
(d) The following is a partial list of the kind of Content that is illegal or prohibited on the Websites. Comic Book Herald reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Websites and terminating the registration of such violators. Prohibited Content includes Content that:
(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
(iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(xi) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile.
(e) You must use the Websites in a manner consistent with any and all applicable laws and regulations.
(f) You may not engage in advertising to, or solicitation of, any user of the Websites to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Websites. Although Comic Book Herald cannot monitor the conduct of its users off the Websites, it is also a violation of these rules to use any information obtained from the Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Websites without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of contacts which a registered user may make with other registered users in any 24-hour period to a number which Comic Book Herald deems appropriate in its sole discretion.
(g) You may not cover or obscure any advertisements on your personal profile page or any other page of the Websites via HTML/CSS or any other means.
(h) Any automated use of the system, such as using scripts, is prohibited.
(i) You may not attempt to impersonate another registered user or person who is not a registered user of the Websites.
(j) You may not use the account, user name, or password of another registered user at any time nor may you disclose your password to any third party or permit any third party to access your account.
(k) You may not sell or otherwise transfer your personal profile.

6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites; (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. User Disputes
You are solely responsible for your interactions with other registered users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

8. Privacy
网站的使用也受我们的隐私政策管辖。

9. Disclaimers
网站内容所表达的观点并不一定是漫画导报的观点。Comic Book Herald对网站上发布的任何不正确或不准确的内容不负责，无论这些内容是由网站用户造成的，还是由与网站相关或使用的任何设备或程序造成的。漫画导报不对任何网站用户的在线或离线行为负责。漫画先驱不对任何操作或传输中的错误、遗漏、中断、删除、缺陷、延误、通信线路故障、盗窃或破坏、未经授权访问或更改任何用户通信承担责任。Comic Book Herald不对任何电话网络或线路、计算机在线系统、服务器或供应商、计算机设备、软件、任何电子邮件或玩家由于互联网或任何网站或其组合的技术问题或交通堵塞造成的任何问题或技术故障负责，包括对用户或任何人的计算机的任何伤害或损害，与参与或下载与网站有关的材料或导致的任何伤害或损害。在任何情况下，漫画先驱将不对因使用本网站或从本网站发布或传送给注册用户的任何内容，或网站用户之间的任何互动(无论是在线或离线)，甚至是由于漫画先驱的疏忽而导致的任何损失或损害，包括人身伤害或死亡负责。本网站以“原样”提供，漫画导报明确声明不保证适合某一特定目的或不侵权。漫画导报不能保证也不承诺任何使用网站的具体结果。

10. Limitation on Liability
IN NO EVENT SHALL COMIC BOOK HERALD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, EVEN IF COMIC BOOK HERALD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMIC BOOK HERALD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.

11. U. S. Export Controls.
Software from the Websites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Websites or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Site Promotion
漫画导报可以使用或参考用户发布的内容，以推广本网站。此类推广将包括截取网站特定区域的屏幕截图，并将该屏幕截图用作广告中的图形。推广还可包括在漫画先驱广播电台或流媒体电台上引用网站公共区域发布的内容或播放音频或视频。《漫画先驱报》没有声明对这些用户发布的内容拥有所有权。

13. Disputes
Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and to the performance by Comic Book Herald or you, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association in accordance with its Commercial Arbitration Rules at the request of either Comic Book Herald or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Arbitration hearings hereunder shall be held in Chicago, IL.
(b) Selection of Arbitrator. Within 15 days after the commencement of arbitration, Comic Book Herald and you shall each select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
(c) Conduct of Arbitration. The arbitrators shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section 13 or any other provision of this Agreement. The arbitration hearing shall be commenced promptly and conducted expeditiously, with each of you and Comic Book Herald being allocated one-half of the time for the presentation of its case. Unless otherwise agreed by the parties, an arbitration hearing shall be conducted on consecutive days.
(d) Findings and Conclusions. The arbitrators shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrators shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees.
(f) Litigation. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
(g) Jurisdiction. The parties consent to venue in Texas and to the non-exclusive jurisdiction of competent Texas state courts or federal courts in the Northern District of Texas for all litigation which may be brought, subject to the requirement for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, this Agreement.

14. Indemnity
您同意赔偿Comic Book Herald及其附属公司、联属公司、管理人员、董事、代理和其他合作伙伴和员工，使其免受因您违反本协议和/或违反本协议和/或违反您上述声明和保证而导致或引起的任何第三方的损失、责任、索赔或要求(包括合理的律师费)的损害。

15. Notices
《漫画先驱报》可能会被州或联邦法律要求通知您某些事件。In addition, Comic Book Herald may need to notify you from time to time regarding changes to this Agreement or thePrivacy Policy. You agree that such notices will be effective upon Comic Book Herald posting them on the Websites, sending them to you through email or postal mail or notifying you via other means required by law. We will use the contact information provided by you. If you do not provide us with accurate information to contact you, Comic Book Herald will not be held liable if it fails to notify you.

16. Other
本协议在您使用本网站时即被接受，并以您的注册进一步确认。本协议构成您与漫画导报之间关于使用本网站的完整协议。漫画导报未能行使或执行本协议的任何权利或条款不应被视为放弃该等权利或条款。本协议中的章节标题仅为方便起见，不具有法律或合同效力。有关本协议的任何问题，请与我们联系。我已阅读本协议并同意上述所有条款。