Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all content available through the Clickwheel.net domain name and other sites owned, operated or controlled by Clickwheel, LTD., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) CLICKWHEEL'S PRIVACY POLICY. These Terms & Conditions apply to all users of the Website. You may use or register to use the Clickwheel services provided via the Website ("Service") only if you agree to comply with these Terms of Use, and any other terms and conditions posted on any individual page of the Clickwheel site collectively. You may not use or register for the Service if you are under thirteen (13) years of age. You agree to use the Service in a manner consistent with all applicable laws and according to these Terms of Use.

Clickwheel may revise this Agreement at any time by updating this posting. Clickwheel may notify you by e-mail (at the address provided in your registration form) or by message posted on the Website of material changes to this Agreement. You should visit this page periodically to review this Agreement, because it is binding on you. The terms "you" and "User" as used in this Agreement to refer to all individuals accessing the Service for any reason. Your continued use of the Service after notification of such changes have been posted shall mean that you agree to be bound by these changes.

Links

The Website may contain links to third party websites that are not owned or controlled by Clickwheel. Clickwheel is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Clickwheel will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Clickwheel from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access

You may use the Service, for the online creation and publication of media content. Clickwheel hereby grants you permission to use the Website, provided that: (i) you will not copy, distribute or modify any part of the Website without Clickwheel's prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Website; and (v) you comply with these Terms & Conditions.

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Clickwheel immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Clickwheel or others due to such unauthorized use. Clickwheel will not be liable for your losses caused by any unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Clickwheel servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Clickwheel grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Clickwheel reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below). Promotion of commercial projects related to your Clickwheel Feature(s) via the Clickwheel forum is allowed, though at the discretion of the editor who may delete posts at discretion.

Clickwheel has the right to suspend or terminate your access to and use of the Website and use of the Service, in its sole discretion, immediately and with or without cause.

Intellectual Property Rights

The Clickwheel site and all logo work, graphics, code, and applications are owned by Clickwheel LTD. All material uploaded by the user REMAINS THE PROPERTY OF THE USER. Clickwheel shall not claim any intellectual property right to any material uploaded to the Site by any third party. However, you may not copy, distribute or otherwise use or exploit any such material without the permission of such third party.

Copyright and Content Policy

The User warrants and represents that all intellectual property rights in or relating to the content submitted by the User ("Work") are owned solely by The User, that such work is the sole and original work of the User, and that The User has the right to enter into this Agreement. Clickwheel may remove any content for any reason including (without limitation) if notified that such content infringes on another's intellectual property rights, or for no reason. Clickwheel reserves the right to remove content without prior notice. Clickwheel may also terminate a User's access to the Website for any reason (including, without limitation, if they are determined to be a repeat infringer) or for no reason.

Clickwheel may delete any content submitted to it at any time and the User is solely responsible for maintaining copies of such content.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide Clickwheel the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • a description of where the material that you claim is infringing is located on the Website, including the URL;
  • your address, telephone number, and email address;
  • a 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
  • a statement by you 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.

Clickwheel can be reached as follows:

Please also note that under Section 512(f) of the US Copyright Act and other laws any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

User Submissions

The Website facilitates the submission of comics or other content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. Clickwheel has complete discretion whether to accept or reject your User Submission.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to publish the content to Clickwheel.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Clickwheel, you hereby grant Clickwheel a worldwide, non-exclusive and transferable license to use, display, and perform the User Submissions in connection with the Website and Clickwheel's business.

You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant Clickwheel all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Clickwheel or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Clickwheel does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Clickwheel expressly disclaims any and all liability in connection with User Submissions.

You acknowledge that access to certain content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKWHEEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLICKWHEEL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. CLICKWHEEL DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND CLICKWHEEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL CLICKWHEEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLICKWHEEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CLICKWHEEL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

However, nothing in these Terms and Conditions shall limit or exclude the liability of Clickwheel LTD for death, personal injury, fraudulent misrepresentation, fraud or any other form of liability which cannot by law be limited or excluded.

Indemnification

The Users shall indemnify, defend, and hold harmless Clickwheel LTD, its employees, agents and members, and each of them, from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorney's fees, and all other costs, fees, expenses and charges which Clickwheel LTD, its officers, directors, employees, agents and members, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of the User, his/her employees, agents or contractors, any claims arising out of User's performance or breach of this Agreement, or any claims arising out of or related to User's website.

Feedback and Information

ANY FEEDBACK YOU PROVIDE TO CLICKWHEEL REGARDING THE SERVICE WILL BE DEEMED TO BE NON-CONFIDENTIAL. CLICKWHEEL IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

Governing Law

All legal issues arising from or related to the use of the Service or this Agreement will be interpreted and construed in accordance with, and all questions with respect thereto shall be determined by UK law without regard to conflicts of law principles. By using the Service, you consent to personal jurisdiction and the exclusive venue in the courts located in Oxford, UK with respect to any disputes arising out of or relating to this Agreement or your use of the Service.

Entire Agreement

This Agreement constitutes the entire agreement between you and Clickwheel with respect to the subject matter contained herein and you with respect to the subject matter hereof, except that any other terms and conditions located on the Clickwheel Site are incorporated herein by this reference to the extent they do not conflict with this Agreement.

Violations of this Agreement

Should you violate this Agreement or any other rights of Clickwheel, Clickwheel reserves the right to pursue any and all legal and equitable remedies against you, including terminating any and all User accounts. If Clickwheel fails to enforce any right or provision of this Agreement, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions of this Agreement. If a court finds that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement will be enforceable and that, to the extent permitted by law, the court will give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Assignment of this Agreement

You agree not to transfer this Agreement, assign any of your rights, or delegate any of your obligations under this Agreement, in each case without Clickwheel’s prior written consent, which consent may be withheld by Clickwheel in its sole and absolute discretion. You agree that Clickwheel may assign the Service and your Information that is in Clickwheel’s possession to a successor in interest in the event of a merger, acquisition, or sale of Clickwheel or of substantially all of its assets.