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COMIC WONDER - TERMS OF USE AGREEMENT

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1. SUMMARY:

The following is a short description of the Agreement articulated more fully below. We encourage you to read the entire Terms of Use and Privacy Policy before participating in the Comic Wonder Sites. As a courtesy, we have provided the following bullet points to give you a high-level overview of this contract. IN NO WAY should this summary be interpreted as a substitute for reading the actual Agreement. We have not highlighted all of the provisions outlined within the Agreement below.

2. OVERVIEW:

We set forth in this Agreement ("Agreement") the entire understanding between you ("User(s)") and Comic Wonder LLC. ("Comic Wonder"), a Wisconsin corporation that (i) distributes User Generated Content ("UGC"); (ii) creates, produces, and distributes other media content (“Content”); (iii) provides social networking services that allow registered Users to create personal profiles online; and (iv) offers Users the opportunity to participate by submitting (e.g., "uploading") content wholly-owned and/or controlled by Users (i.e., UGC) to the Comic Wonder Sites ("Comic Wonder Site(s)"). The Agreement supersedes all previous agreements, whether oral and written, with respect to the use of the Comic Wonder sites. If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision is severable from these Terms and shall not affect the enforceability of any remaining provisions. In addition, Comic Wonder's failure to act with respect to a breach by any User does not waive Comic Wonder's right to act with respect to subsequent or similar breaches.

3. ACCEPTANCE:

All Users of the Comic Wonder Sites, including Users who do not contribute of any audio files, information, and other materials purposefully, are subject to these Terms of Use. By visiting and/or using the Comic Wonder Sites, you consent to both these Terms of Use and Comic Wonder’s Privacy Notice. If you do not agree to any of these terms, DO NOT USE or VISIT the Comic Wonder Sites.

4. ACCESS TO THE COMIC WONDER SITES:

Comic Wonder grants you permission to use the Comic Wonder Sites provided that you: (i) use the Sites for strictly personal, noncommercial use; (ii) do not copy or modify any aspect of the Comic Wonder Sites for which you do not have written, prior authorization; and (iii) comply with the overall terms and conditions of this Agreement.

5. REGISTRATION:

In the course of exploring our site, you may be required to register to view and/or listen to certain sections of the Comic Wonder Sites. When registering, we will ask you to select a password and screen name (Comic Wonder Screen Name). You shall provide Comic Wonder with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in the termination of your account and forfeiture of your winnings or title(s). Users should not (i) select or use as a Comic Wonder Screen Name with the intent to impersonate another person; or (ii) use as a Comic Wonder Screen Name a name that is otherwise offensive, vulgar or obscene. Comic Wonder reserves the right to refuse registration or cancel a Comic Wonder account at any time.

Please note that you are solely responsible for activity that occurs on your account and is responsible for maintaining the confidentiality of your Comic Wonder password. By using the Comic Wonder Sites, you agree to: (a) immediately notify Comic Wonder of any unauthorized use of User's username and password or any other breach of security and (b) log off from account at the end of each session. Comic Wonder cannot and will not be liable for any loss or damage arising from User's failure to comply with this Section.

If you suspect that your account has been compromised, you must notify Comic Wonder immediately at Security (AT) ComicWonder.com.

6. USER CONDUCT:

We expect all Users to exercise of good judgment while accessing the Comic Wonder Sites. By using the Comic Wonder Sites, you agree to refrain from (i) violating any applicable law or regulation; (ii) collecting any personally identifiable information; (iii) repurposing the Comic Wonder systems for an unrelated, unauthorized use(s); (iv) soliciting Users for commercial purposes; (v) launching any automated system or program (e.g., “viruses,” "bots," "spiders," etc…) that may impair Comic Wonder’s ability to serve content or effect the integrity of the site; (vi) submitting any materials for which the User does not own the copyright; (vii) posting defamatory media about another User or third party; distributing unsolicited commercial e-mail ("Spam") or advertisements; (vii) heckling any other Comic Wonder User, (viii) transferring User information or another User’s User Generated Content to a third party without the written consent of Comic Wonder; and finally (ix) assisting any third party in doing any of the activities described above.

Comic Wonder is not responsible for any damage or harm resulting from User's interactions with other users of Comic Wonder's Site or content downloaded from the Site. Comic Wonder reserves the right to monitor interactions between Users and restrict access to any material that Comic Wonder or another user of Comic Wonder's Service may be consider objectionable.

Users may not include any photographs in the profile page that contains offensive subject matter (e.g., nudity, violent content). Comic Wonder assumes no responsibility or liability for Content provided by the User community.

7. PRIVACY:

We have designed the Comic Wonder Sites to allow Users to post content for public review and comment, both in public forums and with private messaging. The User thereby waives any and all privacy expectations with respect to Comic Wonder's use of the User Generated Content or User provided Content. If User does not wish to have his/her content, picture, audio file, or any other personal information about themselves viewable by a global audience, User should not participate on the Comic Wonder Sites. For a full description of our privacy policy, please see our Privacy Notice at privacy.ComicWonder.com.

8. THIRD PARTY LINKS:

The Comic Wonder Sites may contain links to third party websites that are not owned or controlled by Comic Wonder. Comic Wonder assumes no responsibility for the content or practices of any third party websites. In addition, Comic Wonder does not censor or edit the content of any third-party site. By using the Comic Wonder Site, you release Comic Wonder from any and all liability arising from your use of any third-party website.

9. INTELLECTUAL PROPERTY RIGHTS:

User acknowledges and agrees that Comic Wonder, the Comic Wonder logos and characters, and the layout and design of the Comic Wonder Site(s), among other marks that may appear on the Comic Wonder Site(s) are trademarks of Comic Wonder Media Inc. (the "Comic Wonder Marks"). Other trademarks and service marks on the Comic Wonder Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the Comic Wonder Marks without Comic Wonder's prior written permission, and User may not use any third-party marks without the third party's prior written permission.

All the Content on the Comic Wonder Sites (e.g., the text, software, scripts, graphics, photos, sounds, music) and the trademarks, service marks and logos contained by this Agreement ("Marks"), are owned by or licensed to Comic Wonder. All the Content and Marks contained on the Comic Wonder Sites are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We provide the Content on the Comic Wonder Sites AS IS. Users may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit Content and/or Marks without the prior written consent of the respective owners. Comic Wonder reserves all rights not expressly granted in and to the Website and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained by this Agreement. Furthermore, you agree not to disable or otherwise interfere with any security related features of the Comic Wonder Sites.

10. USER GENERATED CONTENT (“UGC”):

As used throughout this Agreement, the term User Generated Content ("UGC") means User's content, photographs, videos, audio, comments, written work, name(s), trademarks, trade names, likenesses, biographical materials, artwork, liner notes, and other graphical or textual materials that User uploads, submits or otherwise provides to Comic Wonder, and any and all computer-generated images or other artwork or images that User submits to Comic Wonder. User acknowledges and agrees that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for Comic Wonder incorporating all or any portion of the UGC is exclusively owned and controlled by Comic Wonder.

By submitting your User Generated Content to the Comic Wonder Site, you grant Comic Wonder a non-exclusive, royalty-free, worldwide, perpetual, transferable, assignable, and sublicenseable (to any number of tiers) license to reproduce, publicly display, publicly perform, distribute, transmit, and otherwise use the User Generated Content in all contexts, formats and media, in connection with the Comic Wonder Sites and any other elements of the business of Comic Wonder and its successor(s). Furthermore, you acknowledge and warrant that: (i) any licenses that Comic Wonder has granted with respect to your UGC will survive according to their terms; (ii) you own and control all necessary rights to the UGC (iii) your UGC is not illegal, abusive, pornographic, obscene, defamatory, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (iv) your UGC does not contain malware (e.g., viruses, worms, Trojan horses); (vi) your UGC does not link to or promote any prohibited content or activity.

You agree to indemnify and hold harmless Comic Wonder and its partners from any and all claims resulting from any UGC that you provide. Comic Wonder is not responsible for any content, opinion, advice, information, or statement made by anyone other than authorized Comic Wonder employees acting in their official capacities.

In addition to the above, you acknowledge and agree that Comic Wonder may access, review, store, reproduce and/or disclose any UGC if required to do so by law, court orders or other legal processes. In addition, you agree that Comic Wonder may also take these actions to enforce this Agreement, respond to any claims that UGC violates a third party's rights, or to protect the rights, property or personal safety of Comic Wonder, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.

Furthermore, you understand that when using the Comic Wonder Website, you will be exposed to UGC that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Comic Wonder with respect thereto, and agree to indemnify and hold Comic Wonder, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Comic Wonder's designated Copyright Agent to receive notifications of claimed infringement is: Adam Brookman , email: Copyright@Comic Wonder.com. For clarity, only DMCA notices should go to the Copyright Agent. Please send any other feedback, comments, requests for technical support, and other communications should be directed to Comic Wonder customer service via email (support@comicwonder.com). You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.

11. OWNERSHIP:

User shall at all times retain all right, title and interest in and to the UGC provided by User in this Agreement (including, without limitation, the copyrights by this Agreement), subject to the non-exclusive rights granted to Comic Wonder under this Agreement. User is free to grant similar rights to others during and after the Term of this Agreement. For the avoidance of doubt, when User submits UGC to the Comic Wonder Site(s), User acknowledges that third parties may use the UGC as described by this Agreement. User acknowledges and agrees that Comic Wonder is, and shall at all times remain, the sole and exclusive owner of all right, title and interest (including, without limitation, copyright), in and to the Comic Wonder Sites and Services, and that User's right to use the Comic Wonder Sites and Services, as set forth by this Agreement, shall not in any way transfer or convey any ownership rights or other proprietary interests to User.

12. USER LICENSE:

Subject to all of the terms and conditions of this Agreement, Comic Wonder hereby grants you a personal, limited, non-exclusive, non-transferable, revocable right to (i) listen to UGC and Content on your computer or device, (ii) make a derivative work of jokes solely by means of recording a personalized rendition of UGC; and (iii) upload the derivative works you make solely to your Comic Wonder Account. Comic Wonder reserves the right to revoke this limited license at any time in its entirety or with respect to any UGC or any Content, for any reason, and at the sole discretion of Comic Wonder.

Subject to all of the terms and conditions of this Agreement, Comic Wonder hereby grants you a personal, limited, non-exclusive, non-transferable and revocable license to use for noncommercial personal use the Software and other Materials provided in the form and format that Comic Wonder provides such Materials. To the extent that Comic Wonder provides Materials for download (the "Downloaded Materials"), you must include or maintain all copyright, trademark and other notices contained or associated with such Downloaded Materials. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Materials and that no title to the Downloaded Content has been or will be transferred to you from Comic Wonder or anyone else. We reserve the right to revoke this limited use license at any time, for any reason, and at the sole discretion of Comic Wonder. Further, you agree that you will not attempt to download or otherwise make copies of Jokes.

13. COMIC WONDER LICENSE:

User grants to Comic Wonder a worldwide, royalty-free, non-exclusive license to do the following things in perpetuity to (i) prepare and encode UGC, or any portion of UGC, for transmission, manipulation and exhibition in any format and by any means now known or devised in the future; (ii) copy, reproduce, display, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, any or all of the UGC, including any portion of UGC, and to include any such materials in compilations or other works, by any and all means in all media now known or created after this Agreement, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to Comic Wonder hereunder include the rights to make UGC available on Comic Wonder Site(s), third-party websites and electronic devices); (iii) adapt, change or otherwise modify and create derivative works of the UGC ; (iv) license and/or sublicense to any third party any of the foregoing rights in the UGC, or any part or element of UGC, subject to the terms and conditions of this Agreement; (v) User hereby disclaims any and all right, title, or interest in any and all material with which UGC may be combined or into which all or any portion of UGC may be incorporated.

14. PAYMENT:

Unless otherwise agreed between User and Comic Wonder in a writing signed by both parties, the license granted to Comic Wonder pursuant to this Agreement is royalty-free.

User is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the UGC (including, without limitation, any such obligations that may arise from Comic Wonder's use of such UGC as authorized by this Agreement).

15. NAME AND LIKENESS:

User hereby grants to Comic Wonder a perpetual, worldwide, royalty-free, non-exclusive license to use User's name(s), photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the UGC, as described hereunder, during the Term. User also agrees not to assert any privacy, publicity, moral or similar rights held by User (and to the extent any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the UGC, User represents and warrants that it has obtained all necessary consents from such third parties consistent with the full scope of rights granted to Comic Wonder pursuant to this agreement, and User agrees that such persons shall not assert of any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any UGC are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

16. THIRD PARTY CONTENT:

The Comic Wonder Site(s) may contain content from third parties ("Third Party Content”). Comic Wonder does not control Third Party Content and makes no representations or warranties about it. As we do not have any control over Third Party Content, you may be exposed to material that is obscene, offensive, indecent or otherwise objectionable. Under no circumstances will Comic Wonder be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Comic Wonder Service. User agrees to evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

17. DISPUTE RESOLUTION:

By using the Comic Wonder Sites, you agree that any cause of action arising out of or related to the Service must commence within six (6) months after the cause of action arose. If Comic Wonder receives no notice within that timeframe, the cause of action is permanently barred.

The Terms of Use is governed by and construed in accordance with the laws of the State of Wisconsin and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services is filed only in the state or federal courts located in Milwaukee County, Wisconsin. Furthermore, you agree to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this Section.

18. PROPRIETARY RIGHTS:

User agrees that all content and materials available on the Comic Wonder Site(s) are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Comic Wonder, User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Comic Wonder Site(s), or otherwise use any content, copyrights, trademarks or intellectual property of Comic Wonder in any way without Comic Wonder's prior, written consent. User also agree not to retrieve data or other content or any materials from the Comic Wonder Site(s) to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use of any of Comic Wonder's content, names or trademarks as metatags on other web sites. User agrees not to display any of the Comic Wonder Site(s) in a frame (or any of our content via in-line links) without Comic Wonder's express written permission.

19. REPRESENTATIONS AND WARRANTIES:

User represents and warrants that:

  1. User has the full authority and associated rights to enter into this Agreement and to grant Comic Wonder all rights to use the UGC as outlined in this Agreement,
  2. the UGC (and Comic Wonder's use of UGC as outlined under this Agreement) does not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
  3. User exclusively owns and/or controls all right, title and interest (including, without limitation, copyright) in and to the UGC, and has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for User to enter into and perform this Agreement and to grant Comic Wonder all rights to use the UGC as outlined in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into the UGC),
  4. the UGC does not and will not violate any law, statute, ordinance or regulation,
  5. the UGC does not and will not: (i) be defamatory, libelous, slanderous, or threatening, (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (iv) exploit images or the likeness of any individual other than User, (v) encourage or otherwise depict glamorized drug use, (vi) make use of offensive language or images, (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable, (viii) contain any personal contact information of User or any other individual, (ix) promote an illegal or unauthorized 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; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without Comic Wonder's prior written consent.
  6. the UGC does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Comic Wonder or any third party,
  7. all information that User has provided or will provide to Comic Wonder is true and complete.

20. MEMBER DISPUTES:

You are solely responsible for your interactions with other Comic Wonder Members. Comic Wonder reserves the right, but has no obligation, to monitor disputes between you and other Members.

21. INDEMNITY:

User agrees to defend, indemnify, reimburse and hold Comic Wonder and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to: 1.) User's use of the Comic Wonder Site(s); 2.) Comic Wonder's use of the UGC; 3.) any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and finally 4.) User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of UGC as outlined hereunder.

22. COMIC WONDER'S PERFORMANCE:

User acknowledges and agrees that the operation of the Comic Wonder Site(s) may from time to time encounter technical difficulties or other problems and may not necessarily continue uninterrupted or without technical or other errors. Comic Wonder shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Comic Wonder service. There are no assurances whatsoever that any of the UGC or any part or element of UGC shall actually be utilized on the Comic Wonder Site or if so utilized continue to be available for any particular time. Comic Wonder has the right, in Comic Wonder's sole and absolute discretion, to remove from the Comic Wonder Site(s) at any time the UGC. Furthermore, we reserve the right to revoke any sublicense granted by Comic Wonder to any affiliate or unaffiliated third party. Please note that Comic Wonder does not control the content of the UGC and does not have any obligation to monitor such content for any purpose. User acknowledges that User is solely responsible for all content submitted to the Comic Wonder Site(s). The Comic Wonder Site(s) may be discontinued at any time, with or without reason and without any liable to User or to any third party for any modification or discontinuance of Service.

23. NO WARRANTY:

THE COMIC WONDER SITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMIC WONDER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

24. NO LIABILITY FOR THIRD PARTY USE:

COMIC WONDER DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE UGC MADE AVAILABLE ON THE COMIC WONDER SITES BY THE USER. USER IS SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF UGC BY A THIRD-PARTY, AND NOT FROM COMIC WONDER. IF ANOTHER PERSON OBTAINS UGC FROM COMIC WONDER (WHETHER OR NOT WITH COMIC WONDER'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED TO THE LICENSES GRANTED IN THIS AGREEMENT, USER WILL SEEK REMEDIES FROM THE OTHER PERSON AND NOT FROM COMIC WONDER. USER WILL NOT HOLD COMIC WONDER RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

25. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL COMIC WONDER, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT COMIC WONDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE COMIC WONDER SITE(S). IN NO EVENT SHALL COMIC WONDER'S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR THE UGC (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE UGC BY COMIC WONDER). THE PARTIES ACKNOWLEDGE AND AGREE THAT COMIC WONDER HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED BY THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN USER AND COMIC WONDER, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

26. EXPORT CONTROLS:

The Comic Wonder Site(s) utilize software ("Software") that is subject to United States export controls. No Software may be downloaded from the Comic Wonder Site(s) or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

27. JURISDICTION:

You agree that: (i) the Comic Wonder is deemed solely based in Wisconsin; and (ii) the Comic Wonder is deemed a passive website that does not give rise to personal jurisdiction over Comic Wonder, either specific or general, in jurisdictions other than Wisconsin. These Terms of Service is governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. Any claim or dispute between you and Comic Wonder that arises in whole or in part from the Comic Wonder is decided exclusively by a court of competent jurisdiction located in Milwaukee County, Wisconsin. These Terms of Service, together with the Privacy Notice and any other legal notices published by Comic Wonder on the Website, shall constitute the entire agreement between you and Comic Wonder concerning the Comic Wonder. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service is deemed a further or continuing waiver of such term or any other term, and Comic Wonder's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Comic Wonder reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Comic Wonder following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Comic Wonder AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Comic Wonder MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

28. ASSIGNMENT:

Comic Wonder shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under this Agreement without the prior written consent of Comic Wonder.

29. NOTICES:

All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Comic Wonder LLC., 1787 N. Riverwalk Way Milwaukee, WI 53212 ATTN: Legal Department. Communications is deemed received, if the Communication is sent by: 1.) registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; 2.) personal delivery, on the date of personal delivery; and facsimile, upon transmission subject to telephone confirmation of receipt.

Comic Wonder will accept no other form of notice under this Agreement.

30. MODIFICATION:

Comic Wonder reserves the right to amend the terms of this Agreement at any time. Comic Wonder will post modifications on the Comic Wonder Site(s). User agrees to be bound to any changes to this Agreement when using the Service after we have posted any such modification and the new terms of the Agreement shall govern all prior and future submissions of UGC.

Comic Wonder Privacy Notice

Comic Wonder LLC. ("Comic Wonder") recognizes that its participants, visitors and others (“Users”) who use www.Comic Wonder.com or other web sites owned or operated by Comic Wonder (the "Comic Wonder Sites") may be concerned about us spying on them or doing something unseemly with their personal information. We believe in karma at Comic Wonder. We value your privacy because we value our own. We have created this Privacy Notice to provide important information about how we use and disclose User information collected on the Comic Wonder Sites. After reading this Privacy Notice, you may well decide to take your eyeballs elsewhere. If such is the case, we will miss you (you big sissy).

This Privacy Notice is incorporated into and is subject to the Comic Wonder Terms of Use, which we have also provided for your reading pleasure. Your use of the Comic Wonder Sites and any personal information you provide on the Comic Wonder Sites remains subject to the terms of this Privacy Notice and our Terms of Use.

When a User posts an audio file, video, image, or other content onto the Comic Wonder Sites, we consider that Content published. This Privacy Notice does not cover or pertain to any published Content.

Comic Wonder collects the following information:

How Comic Wonder Uses Information:

Comic Wonder uses information collected from cookies, Web beacons, and log files to enhance our Users’ experience by providing custom, personalized content. We also use this information to monitor the overall effectiveness of our site and track metrics (e.g., total number of visitors, pages viewed, etc…). Comic Wonder does not rent or sell personally identifiable information to advertisers. We may, however, use your personally identifiable information to:

Due to our contractual obligations with our partner companies, we cannot provide you with the opportunity to opt-out of sharing personally identifiable information with these third parties. Please note that our partner companies do not have an independent right to share this information.

When Comic Wonder Discloses Information

If Comic Wonder goes belly up, your personally identifiable information may be provided to a third party for bankruptcy purposes or if there is a transfer of the assets or ownership of Comic Wonder. Comic Wonder may also disclose personally identifiable information to respond to a subpoena, court order or similar request, or defend ourselves against legal claims. Comic Wonder may also provide such personally identifiable information to investigate, prevent and take action regarding fraud or misuse, to comply with law or in response to a law enforcement agency's request, to enforce our Privacy Policy and end user agreements, and to protect the rights, property and safety of the Comic Wonder Sites, Users and others.

We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Notice, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We may share non-personally-identifiable information (e.g., anonymous User usage data, platform types, number of clicks, etc…) with third-parties to determine usage patterns for certain services, advertisements, promotions, and/or functionality on the Comic Wonder Sites.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (e.g., U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.

Comic Wonder reserves the right to disclose both personally and non-personally identifiable information to enforce our Terms of Use, prevent liability, and investigate and defend itself against any third-party claims or allegations. We may also provide information to assist government enforcement agencies, protect the security or integrity of the Comic Wonder Sites, and/or protect the rights, property, or personal safety of Comic Wonder employees, Users and others.

What would you like to do?

You may choose at any time not to provide personally identifiable information. If you do choose to submit your information, you may update or correct it at any time by visiting your account profile page. Please note that any files you provide to the Comic Wonder Sites cannot be removed and remain subject to our Terms of Use policy.

We work too protect your privacy and security. We take reasonable measures (e.g., requiring a password) to verify your identity before allowing you to access your profile or make corrections.

Advertisers and Links to Other Sites:

Comic Wonder allows other companies, such as third-party ad servers or ad networks, to serve advertisements. These third-party providers use technology to send the advertisements and links that appear on the Comic Wonder Sites directly to your browser. When this occurs, the third party providers automatically receive your IP address. They may also use other technologies (i.e., cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to tailor their advertising content.

Comic Wonder does not provide any personally identifiable information to third-party ad servers or ad networks without your consent. If you respond to an advertisement on the Comic Wonder Sites, the advertiser or ad-server may use information regarding your use of the Comic Wonder Sites to determine which ads to deliver to you in the future. If this practice concerns you, please review the respective privacy policies of these third-party ad servers or ad networks for more information on their practices. Comic Wonder's privacy policy does not apply to other advertisers or web sites.

Information Security Protocols:

Comic Wonder takes commercially reasonable precautions to protect your personally identifiable information. Please note that we cannot ensure the security of any information you transmit to Comic Wonder while in transit. In addition, we cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed due to a breach of our security safeguards.

If Comic Wonder learns of an information security breach, we may attempt to notify you via E-mail so that you can take appropriate steps. In addition, Comic Wonder may post a notice on the effected site(s). Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify via email at Privacy (AT) ComicWonder.com.

Children’s Privacy:

The Comic Wonder Sites are intended for mature audiences. Children under the age of 13 should not visit any of the Comic Wonder Sites nor submit any personal information. Comic Wonder does not knowingly collect personal information from children under the age of 13. Furthermore, Comic Wonder does not knowingly use or distribute personal information regarding children under the age of 13. If Comic Wonder obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our servers.

Special Note to International Users:

The Comic Wonder Sites are hosted in the United States and are intended for Users in the United States. If you are a User accessing the Comic Wonder Sites from any outside the United States, please be advised that your activity on the site acknowledges your consent to the transfer of your personal information to the United States. The protection and dissemination of your personal information will be governed by the laws of the United States.

Changes and Updates to this Privacy Notice:

We reserve the right to update this Privacy Notice periodically without notice. We encourage you to revisit this page to stay informed of any changes. Your continued use of the Comic Wonder Sites constitutes your agreement to this Privacy Notice and any future revisions.

Date Last Modified:

This Privacy Notice was last modified April 23, 2007.

Contact Information:

Please contact Comic Wonder at Privacy (AT) ComicWonder.com with any questions or comments about this Privacy Notice.