JOE CARTOON WEBSITE - TERMS OF USE
1. You Agree To These Terms By
Using This Site
Your access to, and use of, “www.JoeCartoon.com” (the
"Site") is subject to the following Terms of Use and all applicable
laws and regulations. If you do not agree and accept, without limitation or
qualification, these Terms of Use, please exit the Site.
2. Ownership Of Content
The Site and all of its contents including, but not limited to, all text and
images ("Content") are owned and/or controlled by JoeCartoon, LLC,
its subsidiaries, sponsors, or affiliated companies (collectively,
"Affiliated Entities") or others with all rights reserved unless
otherwise noted. Any Content that is a trademark, logo, or service mark is also
a registered or an unregistered trademark of JoeCartoon, LLC, or others. Your
use of any Content, except as provided in these Terms Of Use, without the
written permission of JoeCartoon, LLC, the Content owner is strictly
prohibited. You are also advised that JoeCartoon, LLC, the Affiliated Entity or
others, will aggressively enforce its intellectual property rights to the
fullest extent of the law, including the seeking of criminal prosecution.
3. Your Use Of The Site
You are prohibited from using the Site to post or transmit any virus, worm,
Trojan Horse, easter egg, time bomb, spyware or other computer code, file or
program that is harmful or invasive or may, or is intended to, damage or hijack
the operation of, or to monitor the use of, any hardware, software or
equipment; You are prohibited from using the Site to violate the legal rights
of others or harvest or collect personally identifiable information about users
of the Site; You are prohibited from restricting or inhibiting any other person
from using the Site, and from interfering with or disrupting the operation of
the Site or the servers or networks used to make the Site available or
violating any requirements, procedures, policies or regulations of such
networks; You are prohibited from modifying, adapting, translating, reverse
engineering, decompiling or disassembling any portion of the Site.
4. Registration; User Names And
Passwords
You may be required to register with JoeCartoon, LLC in order to access certain
areas of the Site. With respect to any such registration, we may refuse to
grant you, and you may not use, a user name (or email address) that is already
being used by someone else; that may be construed as impersonating another
person; that belongs to another person; that violates the intellectual property
or other rights of any person; that is offensive; or that we reject for any
other reason in our sole discretion.
You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify JoeCartoon, LLC, of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Privacy
Any personal data (for example, your name, address, telephone number or e-mail
address) you transmit to the Site by electronic mail or otherwise will be used
by JoeCartoon, LLC in accordance with the Site’s Privacy Policy as posted
thereon. Any other communication or material you transmit to the Site, such as
questions, comments, suggestions or the like, will be treated as
non-confidential and nonproprietary. Email and other transmissions will not be
encrypted or otherwise secured. You represent and warrant that any information
you provide in connection with your use of the Site is and shall remain true,
accurate, and complete, and that you will maintain and update such information
regularly. You agree that if any information you provide is false, inaccurate,
obsolete or incomplete, we may terminate your use of the Site.
6. Disclaimer Of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Without
limiting the foregoing, JoeCartoon, LLC, neither warrants nor represents that
your use of any Content will not infringe the rights of any third parties nor
that the Content will be accurate, complete or up-to-date. Additionally, with
reference to any postings, submissions and the like that may be on the Site, JoeCartoon,
LLC assumes no responsibility or liability arising from any infringing,
threatening, false, misleading, abusive, harassing, libelous, defamatory,
vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law, contained in any such locations on the Site.
7. Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER JOECARTOON, LLC, NOR ANY OF
ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER
INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION
WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION
BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN
PARTICULAR, AND WITHOUT LIMITATION, NEITHER JOE CARTOON, LLC, NOR ANY
AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR
USE OF, OR INABILITY TO, USE THE SITE, OR RESULTING FROM ANY CONTENT POSTED ON
THE SITE BY JOE CARTOON, LLC OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN
DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Joe
Cartoon, LLC. Such links are provided for your convenience only. Joe Cartoon,
LLC does not control, and is not responsible for, the content or privacy
policies on, or the security of, such sites. Without limiting the foregoing, Joe
Cartoon, LLC specifically disclaims any responsibility if such sites: infringe
any third party’s intellectual property rights;are inaccurate, incomplete or
misleading; are not merchantable or fit for a particular purpose; do not
provide adequate security; contain viruses or other items of a destructive
nature; or
are libelous or defamatory.
Joe Cartoon, LLC does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Joe Cartoon, LLC.
9. Indemnity
You agree to defend, indemnify and hold harmless Joe Cartoon, LLC, the Affiliated
Entities, and any other party involved in creating, producing or delivering the
Site, and their respective directors, officers, employees, agents,
shareholders, licensors and representatives, from and against all claims,
losses, costs and expenses (including without limitation attorneys fees)
arising out of (a) your use of, or activities in connection with, the Site; (b)
any violation of these Terms Of Use by you or through your account; or© any
allegation that any Submission that you make available or create through the
Site infringes or otherwise violates the copyright, trademark, trade secret,
privacy or other intellectual property or other rights of any third party.
10. Termination
You agree that Joe Cartoon, LLC, in its sole discretion, may terminate your
access to or use of the Site, at any time and for any reason, including without
limitation if Joe Cartoon, LLC, believes that you have violated or acted
inconsistently with the letter or spirit of these Terms Of Use. Upon any such
termination, your right to use the Site will immediately cease. You agree that
any termination of your access to, or use of, the Site may be effected without
prior notice, and that Joe Cartoon, LLC, may immediately deactivate or delete
your account and password, and all related information and files associated
with it, and/or bar any further access to such information or files. You agree
that neither Joe Cartoon, LLC, nor any Affiliated Entity will be liable to you
or any third party for any termination of your access to the Site, or to any
such information or files, or will be required to make such information or
files available to you after any such termination.
11. Revisions To The Terms
Joe Cartoon, LLC, may at any time, and without notice, revise these Terms Of
Use by updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the current Terms Of Use.
When using any services on the Site, you agree that you are subject to any
additional posted guidelines, rules, terms and conditions applicable to such
services, which rules, terms and conditions are hereby incorporated by
reference into these Terms Of Use.
12. Revisions To The Site
We reserve the right, at any time, and from time to time, temporarily or
permanently, in whole or in part, to: modify or discontinue the Site, with or
without notice; limit the Site’s availability to any person, geographic area or
jurisdiction we choose; charge fees in connection with the use of the Site;
modify and/or waive any fees charged in connection with the Site; and/or offer
opportunities to some or all users of the Site. You agree that neither we nor
any Affiliated Entity shall be liable to you or to any third party for any
modification, suspension or discontinuance of the Site, in whole or in part, or
of any service, content, Submission, feature or product offered through the
Site. Your continued use of the Site after such changes will indicate your
acceptance of such changes.
13. Law And Jurisdiction
Your use of the Site is governed by the laws of the United States and the State
of California. By using this Site you agree to submit to the exclusive
jurisdiction of the courts of such country and State in the event of any
dispute.
14. Severability
If any provision of these Terms Of Use is found to be unlawful, void, or for
any reason unenforceable, that provision will be deemed severable from these
Terms Of Use and will not affect the validity and enforceability of any
remaining provisions.


