Important Legal Notices
Use of this Site and any of the related Services (as defined below) is only available to persons who are 18 years of age or older. If you are under this age, please use this Site and the related Services only in conjunction with your parents or guardians.
1. NO REPRESENTATIONS OR WARRANTIES
The Services provided on this Site and the content (including Content, as defined below), information, documents, graphics and images (including Images, as defined below) published at this Site could include inaccuracies, typographical errors or other errors. We are not responsible or liable for any such inaccuracies or errors in this Site or the Services. We also make no commitment to update what is contained in this Site. Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete the same without prior notice.
Users of this Site (“Visitors”) should not rely upon opinions expressed on or information contained in this Site when making business, financial, personal or other decisions. Furthermore, we do not endorse, nor are we responsible or liable for, the opinions of third parties expressed on this Site or on linked web sites.
Consequently, and without limiting the foregoing,
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS SITE OR THE SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
2. USER WARNINGS/USER CONDUCT
b. harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any individual or entity;
c. post, publish, upload, distribute, or transmit any commercial, advertising or promotional materials, including without limitation, "spam," chain letters, pyramid schemes, surveys, contests, or mass distributions;
d. provide false information on your registration form or information requests, create a false identity, or impersonate another person at any time;
e. post, publish, upload, distribute, or transmit defamatory, false, inappropriate, improper, disorderly or excessive messages or information;
f. post, publish, upload, distribute, or transmit any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;
g. attempt to gain unauthorized access to any Services, other accounts, or related computer systems or networks through hacking, password mining, or any other means;
h. restrict or inhibit any other person or entity from using this Site or the Services, or use this Site or the Services in a manner that overburdens or impairs our server or network;
i. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;
j. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
k. create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers;
l. link directly or indirectly to or include any web site or other item that you do not have a right to link to or include; or
m. perform meta-searches of the Site or send automated queries to the Site.
In addition, you are prohibited from violating or attempting to violate any security features of the Site or the Services, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (4) using the Site or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
If you violate such terms, we may, without prior notice and without liability to us, ban you from this Site and any and all Services and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Site and/or the Services at any time, without notice, for any reason.
With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of the Site or such Services.
We assume no responsibility for the accuracy, adequacy, integrity, quality, completeness, reliability, usefulness, fitness, merchantability, use or value of any content, data, documents, graphics, images, information, advice, valuation, posting or opinion contained in the Site or related to the Services, including without limitation, any message boards, community services or any other public services, and do not endorse any product, valuation, advice or opinion contained therein. We do not undertake to monitor or control such Services, although we reserve the right to do so. We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of our Site and our Services and to protect ourselves and others.
3. PURCHASES AND OTHER TRANSACTIONS
Certain Visitors may advertise and/or present offers to loan, borrow, sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to loan, borrow, sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any loan, purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the loan, purchase or sale of any such products or services is authorized by law, statute, or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to loan, borrow, sell or buy products or services, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the loan, purchase or sale of advertised or offered products and services.
4. WEB SITE LINKS AND THIRD-PARTY SITES
This Site may contain links to other web sites that are independent of this Site. We provide these links solely as a convenience. By clicking on a link, you are leaving this Site and going to another web site that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
Furthermore, some links may advertise and/or present offers to sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the purchase or sale of any such products or services is authorized by law, statute, or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to sell or buy products or services, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of advertised or offered products and services.
YOU HEREBY AGREE TO RELEASE US, OUR AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEB SITES AND RELATED SERVICES LINKED TO THIS SITE.
6. MEMBERSHIPS, DEALERSHIPS, AND ACCOUNTS
6.1. REGISTRATION AND SECURITY
You may register to be a member (“Member”) of this Site. See ***Membership [or other designator]***. There are different classes of membership (“Membership”), and you agree to only utilize Services accessible under your type of Membership, if any. You may also register to be a dealer (“Dealer”) on this Site. There is only one class of dealership (“Dealership”) If you are a Dealer, you agree to only utilize Services accessible as a Dealer of this Site. See ***Dealers [or other designator]***
If any of the Services requires you to open an account, or if you desire to become a Member of or Dealer on this Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also have a user name and password. You are responsible for maintaining the confidentiality of your password and account and Membership and Dealership information and are fully responsible for all conduct carried out under your password, Membership, Dealership and account, whether such conduct is carried out with or without your knowledge. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your Membership, Dealership, account or password.
You will promptly report any unauthorized use of your Membership, Dealership, account or password to us. You may not use anyone else's Membership, Dealership or account at any time without the permission of the Member, Dealer or account holder, respectively.
6.2. POSTING AND LISTINGS
Regardless of any provision in this Agreement to the contrary, we reserve the right, in our sole discretion, to terminate any Posting Member’s right or Dealer’s right to Post Content on the Site for any reason at any time, without notice. We may also terminate or suspend a Member’s right or a Dealer’s right to Post Content on the Site for inactivity, which is defined as failing to log into the Site for an extended period of time, as determined by us, but not less than three (3) months.
If we terminate a Posting Member’s Listing or a Dealer’s Listing for any reason, as provided above, we will not be obligated to refund any amount paid by the Posting Member or the Dealer for any Listing or Membership or Dealership, respectively, or otherwise incur any obligation to such Posting Member or Dealer or any other person as a result of such termination.
We have the right to terminate the Site, in our discretion, at any time for any reason. Upon any termination of the Site, each Posting Member’s right or Dealer’s right to Post Content on the Site shall immediately cease, and we will not be required to refund any amount paid by, or have any other obligation to, any Posting Member, Dealer or third party related to such Site termination.
6.4. LIMITATIONS ON USE OF SITE AND CONTENTS
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE AND ANY SERVICE PROVIDED BY US RELATED TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
6.5. CONTENT RIGHTS / LICENSE
6.6. LIABILITY DISCLAIMER / INDEMNIFICATION
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, EACH MEMBER AND DEALER AGREES TO DEFEND, INDEMNIFY AND HOLD US, OUR SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY SUIT, ACTION, PROCEEDING, PENALTY, CLAIM, DEMAND, LOSS, LIABILITY OR DAMAGE, INCLUDING REASONABLE COSTS AND ATTORNEYS FEES THROUGH ANY APPEAL, AND REGARDLESS OF ANY NEGLIGENCE ON OUR PART, ASSERTED BY ANY THIRD PARTY RELATED TO OR ARISING FROM THE POSTING OF CONTENT BY THE MEMBER OR DEALER, RESPECTIVELY, ON THE SITE, OR ANY CONTENT POSTED ON THE SITE BY THE MEMBER OR DEALER, RESPECTIVELY, IN THE NAME OF THE MEMBER OR DEALER, RESPECTIVELY, OR ON THE BEHALF OF THE MEMBER OR DEALER, RESPECTIVELY, OR ANY OTHER USE OF THE SITE, THE MEMBER’S LISTING OR THE DEALER’S LISTING, RESPECTIVELY, AND RELATED SERVICES BY THE MEMBER OR DEALER, RESPECTIVELY.
6.7. COMPENSATION; TAXES
No compensation will be paid by us with respect to our use or any other use of any Member’s Content or Dealer’s Content (including, without limitation, Images), as provided herein. Each Member and Dealer is completely responsible for all other charges, fees, duties, taxes, and assessments related to any Listing of the Member or Dealer, respectively; arising out of such Member’s use or Dealer’s use, respectively, of the Site and related Services; or any transaction involving the Member or Dealer, respectively, related to the Site or the Services.
6.8. DEALINGS WITH VISITORS
We cannot control or warrant the behavior of Visitors. As a result, we make no representation or warranty with respect to any use of all or any part of the Site, or of any Listing or Content of any Member or Dealer by any other Member or Dealer, any Visitor, or any other third party. Instead, the Posting of Content by each Member or Dealer on the Site is at the Member’s own risk or Dealer’s own risk, respectively. Any dealings with Visitors, Members, Dealers, or other third parties, or participation in promotions, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Member or Dealer and the Visitor, Member, Dealer or other third party. We shall not be responsible or liable for any part of any such dealings or promotions.
In order to facilitate interaction among Members and Dealers and other Visitors, our Site and related Services allow Members and Dealers with limited access to contact information for some Visitors and other Members and Dealers. Each Member and Dealer hereby agrees that, with respect to Visitors’ and other Members’ and Dealers’ personally identifiable information that such Member or Dealer, respectively, obtains through the Site or through a Site-related communication or a transaction that we facilitate through the Site, we hereby grant to such Member or Dealer, respectively, a license to use such information only for: (a) communications related to the Site or its related Services that are not unsolicited commercial messages, (b) using Services offered through our Site, and (c) any other purpose that such Visitor, Member or Dealer expressly agrees to after adequate disclosure of the purpose(s). In all cases, the disclosing Member or Dealer must give the Visitor or other Member or Dealer whose information is involved an opportunity to remove themselves from the disclosing Member’s database or Dealer’s database and a chance to review what information the disclosing Member or Dealer has collected about them. In addition, under no circumstances can the disclosing Member or Dealer disclose personally identifiable information about a Visitor or another Member or Dealer to any third party without our consent and the consent of such Visitor or other Member or Dealer after adequate disclosure, except that the disclosing Member or Dealer may disclose such information if required by law, legal process, or to protect the disclosing Member’s interest or Dealer’s interest, respectively, or the interests of others.
We and our Visitors, Members and Dealers do not tolerate spam. Therefore, without limiting the foregoing, no Member or Dealer is licensed to add a Visitor or another Member or Dealer, even a Visitor or another Member or Dealer who has purchased a product or service from such Member or Dealer, respectively, to such Member’s mail list or Dealer’s mail list (email or physical mail) without their express consent after adequate disclosure. To report spam related to the Site to us, please send an email to email@example.com.
WE SHALL NOT BE RESPONSIBLE FOR ANY USE OR MISUSE OF ANY POSTED CONTENT BY ANY VISITOR, MEMBER, DEALER OR OTHER THIRD PARTY.
6.9. CONTENT GUIDELINES
7. LIMITATION OF DAMAGES
We do not own the copyright or trademark rights in certain information contained in this Site, such as images of comic and comic book covers and the trademarks identifying these covers. In each case, the copyright and trademark rights are owned by their respective owners.
YOU SPECIFICALLY AGREE THAT WE ACT AS A PASSIVE CONDUIT FOR ONLINE DISTRIBUTION AND PUBLICATION OF INFORMATION PROVIDED BY ANY THIRD PARTY, AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE BY ANY THIRD PARTY. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
Except in the case of Listings posted by Members and Dealers and other Content properly Posted by Dealers, this Site and the Services are for your personal and non-commercial use. Nothing contained in this Site or the Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Site or the Services may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works.
10. USE OF SOFTWARE
We may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only. We may allow, but are not required to allow, commercial use of any Software by a Dealer upon the request of the Dealer. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.
11. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, terminate the Memberships, Dealerships or accounts of Visitors who infringe the intellectual property rights of others. If you believe that any material on this Site or used in connection with the Services infringes on any copyright, trademark or patent that you own or control, or that any link on this Site directs you to another Site that contains material that infringes on any copyright, trademark or patent that you own or control, you may notify us by providing our copyright agent the information required by the Digital Millennium Copyright Act, 17 U.S.C § 512. Generally, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
1030 Andrews Highway
Midland, TX 79701
13. GOVERNING LAWS IN CASE OF DISPUTE
14. INTERNATIONAL USE
We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and information in the Site and the Services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access this Site or utilize the Services in any location where the same are prohibited by law. Nothing in this Site or the Services shall be construed to mean that we are engaged in any business in any jurisdiction in which we are not properly licensed to do so.
15. INTEGRATION; SEVERABILITY; GENERAL
Any rights not expressly granted herein are reserved.
17. CALIFORNIA RELEASE WAIVER
If you are a California resident, you agree to waive rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
21. ATTORNEYS FEES
22. COPYRIGHT NOTICE
Copyright © 2006 The Pearl Group, Inc., 2788 Loker Ave West, Carlsbad, CA 92010 U.S.A. All rights reserved.
23. USE OF CERTAIN TERMS
Last Updated: March 19, 2006