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The Big DataBase of Comic Books


CBDB: Terms of Use


Comic Book Information


Copyright Notice



Welcome to The Big Comic Book DataBase. All information, written, coded and contained at and displayed, viewed and/or downloaded from the Internet sites which are operated by The Big Comic Book DataBase, Inc., identified by the URLs www.comics-db.com (comics-db.com), forum.comics-db.com, www.comic-db.com and/or store.comics-db.com, including all subdirectories and the documents contained within (the "Site" or "BCBdb"), is and shall remain copyrighted by The Big Comic Book DataBase, Inc.

All content on this site, unless otherwise indicated, is copyright 1998-2005 by The Big Comic Book DataBase, Inc.. Reproduction, distribution or transmission by any means without the prior permission of The Big Comic Book DataBase is prohibited outside the specific exceptions listed below. All rights reserved.



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Various characters, images, designs, logos, names, and other related indicia on the Site may be trademarks and/or copyrighted by other companies including, but not limited to: DC Comics, Marvel Comics, Image Comics, Dark Horse Comics, CrossGen, The Walt Disney Company, Time/Warner, Turner Entertainment, Inc., United Feature Syndicate, Inc., Twentieth Century Fox, MTV, Nickelodeon and various other publishers, studios, producers, creators or other such owners and/or copyright holders. Any use of such characters, logos, names, visages and other, related indicia on this site is wholly without permission, and only used in the interest of fair use for scholarly and research purposes, as provided for in 17 U.S.C. 107; The Big Comic Book DataBase makes no claim of ownership or control of any such artwork, images or characters. Any use on this database of copyrighted and/or trademarked material is used in a Nonprofit and Educational capacity to illustrate and expound on the facts regarding published material, and is only used in this capacity. If you are the owner, or otherwise control a character, logos, name, or other related indicia used on BCDB, and you feel such use violates your rights, or in some way does not qualify under fair use, we pray you notify us immediately so that appropriate and immediate action can be taken to protect the rights of all concerned.

Excluding the above mentioned, the compilation of all content on this site is the exclusive property of The Big Comic Book DataBase and protected by U.S. and international copyright laws. All software used on this site is the property of The Big Comic Book DataBase or its software suppliers and protected by United States and international copyright laws.

The Big Comic Book DataBase grants you a limited license to access and make personal use of this site. No permission- literal or implied- is given for downloading (other than page caching) or modification of this website, or any portion of it, except with express written consent of The Big Comic Book DataBase. This license SPECIFICALLY excludes any resale or commercial use of this site or its contents; any collection and use of any content listings, descriptions, or artwork; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of The Big Comic Book DataBase. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Big Comic Book DataBase and our affiliate sites without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing The Big Comic Book DataBase's name or trademarks without the prior express written consent of The Big Comic Book DataBase. Any unauthorized use terminates any permission or license granted by The Big Comic Book DataBase to you for use, whether stated or implied, but does not relieve you of any obligations you have to The Big Comic Book DataBase for fees for your use of our material.

Further, you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or deep content page(s) of The Big Comic Book DataBase so long as the link does not portray The Big Comic Book DataBase, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any The Big Comic Book DataBase logo or other proprietary graphic or trademark as part of the link without express written permission, except as specifically excluded and allowed below.




PRIVACY



Your privacy is very important to us at The Big Comic Book DataBase. To better protect your rights we have provided The Big Comic Book DataBase Privacy Policy to explain our privacy practices in detail. To read The Big Comic Book DataBase Privacy Policy, please click here.






TERMS AND CONDITIONS OF USE



PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your irrevocable acceptance of these Terms of Use. The Big Comic Book DataBase reserves the right to revise the Terms of Use at any time without providing notice to its users. If you do not agree to these terms of use, do not use the site, or it's contents (online or off). Access to and use of this site is revocable at any time for abuse of the system. Any use of the Site acknowledges your acceptance of these terms, and your implied agreement to be bound by them.



RESTRICTIONS ON USE OF MATERIALS



No material from www.comics-db.com or any Web site owned, operated, licensed or controlled by The Big Comic Book DataBase or any of its related, affiliated, parent or subsidiary companies (collectively, "The Big Comic Book DataBase", "BCBdb" and/or the "Site"), may be copied, reproduced, republished, uploaded, posted, transmitted, compiled or recompiled, or distributed in any way, without the prior written permission of The Big Comic Book DataBase, except that you may download one copy of the materials on any single computer during the course of normal browsing for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, or as otherwise specifically noted below. Making modifications to the Materials is expressly prohibited. Use of the Materials on any networked computer environment or other website is also prohibited, except in the specific instances excluded below.



Modification of the materials or use of the materials for any other purpose is forbidden, and a violation of The Big Comic Book DataBase's Terms of Use, as well as our copyright and other inherent proprietary rights. The user shall have no ownership rights in the material contained within the Site. The user shall have only the limited- and revocable- right to access and use the material contained within the Site as set forth herein. Such right shall continue only as long as this Agreement remains in full force and effect, and the user is not in violation of any of the terms of this agreement. Ownership of said material and all intellectual property rights contained therein shall remain at all times with The Big Comic Book DataBase.



The Site is a free web site and offers and provides its services to any human browser at no cost. The Site is a web site, specifically meaning it is designed to be browsed and viewed online, by online browsing software such as Netscape, Mozilla, Internet Explorer, Opera, Lynx and similar web-browsing programs. This site will not accept browsing by web accelerators, offline browsers or the like; they put an undue strain on the system, which may degrade the browsing experience for other users. Please disable, deactivate or otherwise remove any software acceleration or off-line browsing programs before entering this site. The use of any sort of web page harvesters or site download software by individuals is expressly prohibited on this site, and active measures are taken against such use; you may have your access to this site banned for such use. Any use of such device by a commercial entity will be charged a server-use fee.



As we present the Site for free, and this is a non-profit endeavor, we take a dim view of our works being used in any commercial way, and we would expect to be well compensated for any such use. Any automated downloading, or "harvesting" of the information from our web site for any commercial purpose (including, but not limited to data mining, resale, repackaging, compiling, recompiling, posting, publishing or digesting) by any robot, commercial entity or agent for a commercial entity will be charged a per-page usage fee for their impact on our server, and their adverse effect on the intended users this site, as well as a licensing fee for the use of such materials. We reserve the right to determine- at our sole discretion- what 'bots have an adverse effect, and to exempt those 'bots which provide us a service in return for access to our site. (For example, 'bots that need to scan our pages for inclusion in search engines, and thus provide a direct benefit from their access to our site and to our users, may be exempted, provided they access at a rate no higher than one page per minute in any hour, and honor our robots.txt file. Any 'bot that reads, follows and adheres to our robots.txt file should be fine.) If you have doubts as to whether a 'bot you plan to use on the Site is exempt or not, please contact us before you use it; once it has impacted our server, you may already be liable for any licensing and usage fees.



LINKING AND USE OF BCBdb CONTENT



You may link to materials within The Big Comic Book DataBase's web site, provided you follow the rules we have set forth and described in our linking guide. Use of this site or it's contents is revocable at any time at the digression of this site and/or it's web masters if these terms are abused or broken.



You may quote small subsets (less than 25 books) of creative or production-related data on non-commercial web sites, on message board systems, in magazine articles etc. We do require, however, that you make reference to the source of the data via the phrase inclusive a live link to our web sites main page as such:



"Information courtesy of The Big Comic Book DataBase. Used with permission."

If quoting our material online, all quoted material in your reference should preferably remain linked to the corresponding The Big Comic Book DataBase detail pages.



Offline (print) references must include the attribution:



"Information courtesy of The Big Comic Book DataBase (http://www.comics-db.com/) Used with permission."




Commercial sites and for-profit entities (including individuals selling items on auction sites, such as eBay) may link to any page on this site without exclusion. Commercial sites may quote information from no more than one comic book listing from The Big Comic Book DataBase on their site at any given time without prior permission; any higher use of information or materials from The Big Comic Book DataBase will require our prior written approval and could require licensing fees for such use. Any such use of materials on a commercial site (including users on auction sites) MUST include an attribution as outlined above stating that the information came from The Big Comic Book DataBase, and including a live link back to this site (either the home page, or the page the information is taken from).



Licensing of materials and information is available for most of our content, both with and without reciprocal linking required.



The Big Comic Book DataBase reserves the right to charge for unauthorized commercial use of any materials taken and used from the The Big Comic Book DataBase site without our expressed written prior permission, or which does not wholly conform to the above expressed exceptions. Any such "late" licensing fees will be charged at a rate no less than ten times (10X) our normal licensing rates per calendar month (or portion thereof) of usage, and be payable on demand. Any active copying, publishing and/or use by any commercial website or for-profit entity of any materials taken from The Big Comic Book DataBase shall be deemed as acknowledgement and acceptance of these materials licensing terms.






In no case may images on The Big Comic Book DataBase web site be directly linked to or called from any other web site, and no permission will ever be given to the contrary.



If you are unsure if your usage of The Big Comic Book DataBase content falls within these exceptions, or if you wish to discuss other options, licensing or permissions, please contact us.



RESTRICTIONS ON USE OF SOFTWARE OR DOWNLOADS



The software, including any files, images incorporated in or generated by the software, data or XML feeds, and/or data accompanying the software (collectively, the "Software") are licensed to you by The Big Comic Book DataBase for personal, home use only. The Big Comic Book DataBase does not transfer any title to the Software or any associated data to you. You own the medium on which the Software is recorded, but The Big Comic Book DataBase retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.



In the event you download software or data packages from the site, such software or data is offered as-is and as-available, without warranty of any kind, either expressed or implied, including and without limitation, warranties of performance, merchantability, fitness for a particular purpose, timeliness of delivery, suitable for use or noninfringement. More specifically, The Big Comic Book DataBase does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. The Big Comic Book DataBase does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.



BCBdb grants to you a non-exclusive license to use the Software as described below.



You may:

You may not:

SUBMISSIONS



All comments, suggestions, ideas, notes, drawings, concepts and any or all other information disclosed and/or offered to The Big Comic Book DataBase by and at this site or in response to solicitations at this site or other The Big Comic Book DataBase sites (collectively, the "Comments") shall be deemed and shall remain the property of The Big Comic Book DataBase from the moment of submission. For all such Comments, unless we indicate in writing otherwise, you grant The Big Comic Book DataBase and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, edit, expand upon, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Big Comic Book DataBase and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the Comments that you submit at the time of submission; that the Comments are accurate; that use of the Comments you supply does not violate our site's policies and will not cause injury to any person or entity; that you agree to and are legally able to transfer all rights as described hereon to The Big Comic Book DataBase; and that you will indemnify The Big Comic Book DataBase or its affiliates for all claims resulting from Comments you supply.



The Big Comic Book DataBase has the right- but assumes no obligation- to monitor and edit or remove any activity, Comments or content at it's sole discretion, at any time it feels the need to do so. The Big Comic Book DataBase takes no responsibility and assumes no liability for any Comments posted by you or any third party. None of the Comments shall be subject to any obligation of confidence on the part of The Big Comic Book DataBase and The Big Comic Book DataBase shall not be liable for any use or disclosure of any Comments.



Without limitation of the foregoing, The Big Comic Book DataBase shall exclusively own all now known or hereafter existing rights to the Comments of any and every kind and nature throughout, but not limited to, the entire universe and all planets, stars, moons and asteroids, life forms, quasi-life forms, not-quite-live forms and forms that are now dead or extinct and any and all dominions therein and shall be entitled to unrestricted use of the Comments for any purpose whatsoever, commercial or otherwise, without permission from, or compensation to, the provider of the Comments.



BCBdb COMMUNITY



Please exercise respect when participating in any of The Big Comic Book DataBase's community features such as message boards, Forums, chats, e-mails, Personal Messaging, etc., (collectively "User Materials"). You may not submit or publish through Big Cartoon DataBase any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, illegal, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through The Big Comic Book DataBase that solicit funds or services, contain advertising for any party or include programs which contain viruses or any other programs designed to impair the functionality of any computer. And futhermore, The Big Comic Book DataBase reserves the right to edit any User Materials it feels violates any of the above terms or stipulations, or, in The Big Comic Book DataBase's sole opinion, is inflammatory, insulting, offensive or otherwise unseemly. The Big Comic Book DataBase may, but assumes no obligation or responsibility to, remove any Comments that may be deemed inflammatory, insulting, offensive or otherwise unseemly.



Notwithstanding any rights or obligations governed by these Terms, if any, any time you upload or post User Materials to the Site you automatically grant The Big Comic Book DataBase a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in any or all languages, in any or all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for The Big Comic Book DataBase and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.



MEMBERSHIPS AND DONATIONS



The Big Comic Book DataBase actively solicits donations and memberships. The The Big Comic Book DataBase may, from time to time, and it's sole discretion, offer incentives and perks for donations or memberships. Such incentives or perks are extra "rights" or "access" to the site, and a courtesy extended to the User by The Big Comic Book DataBase but are not tied directly to the donation, and should not be considered a quid pro quo for such donation. Donations, once granted to The Big Comic Book DataBase are non-refundable. Any incentives or perks granted to User by The Big Comic Book DataBase are revocable for violation of these Terms without recourse to a refund of donation.



"HACKING" OR OTHER ASSULTS ON BCBdb



The Big Comic Book DataBase is comprised of a multitude of publicly available links, freely accessible from the web. This is the public part of our website. Any attempts to access any other part of our site, including (but not limited to) non-linked, protected, members-only, password-protected, administrative or otherwise non-public parts of this site are to be considered "hacking." Any attempts to hack or access these non-public sections of the website are a violation of our Terms of Use, and are not allowed. Such attempts may result in a user, network, domain or IP being actively banned by The Big Comic Book DataBase. The Big Comic Book DataBase reserves the right to explore any and all legal remedies against hacking, and those that attempt to hack The Big Comic Book DataBase.



USE OF E-MAIL SUBSYSTEMS



The use of e-mail through bcdb.com online systems shall be limited to direct inquiries to bcdb.com by interested people with questions directly related to animation, animation art, collecting animation art, and other related inquiries. Any use of the site for transmittal of unsolicited commercial endeavors in prohibited. Any such use involves the use of private computing systems, and shall result in billing to the sender of at least $100.00 (one hundred dollars) per occurrence. E-Mail address harvesting is also prohibited on our servers; any robots or automated services doing this will be summarily banned from the site.



JURISDICTIONAL ISSUES



Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting awareness and education about animation art, cartoon information and other related products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by The Big Comic Book DataBase from its offices within the State of Utah, United States of America. The Big Comic Book DataBase makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, 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, under the control of, or a national or resident of any such country or on any such list.



SITES BIG COMIC BOOK DATABASE MAY LINK TO



The sites linked from The Big Comic Book DataBase Web site are not under The Big Comic Book DataBase's control, and The Big Comic Book DataBase does not assume any responsibility or liability for any communications or materials available at such linked sites. The Big Comic Book DataBase does not intend links on The Big Comic Book DataBase Web site to be referrals or endorsements of the linked entities, and are provided for convenience only.



ADDITIONAL MATERIAL POSTED AT WEB SITE



This site makes chat rooms, forums, message boards, posting boards and/or news groups available to its users. The Big Comic Book DataBase is not obligated to moderate or edit these posts. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Additionally, any opinions expressed in those forums are those of the poster and not those of The Big Comic Book DataBase or it's employees or agents. We take no responsibility for the posted opinions of users, nor does The Big Comic Book DataBase endorse any opinions posted hereon.



TERMINATION



This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all The Big Comic Book DataBase site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from The Big Comic Book DataBase if in The Big Comic Book DataBase's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other The Big Comic Book DataBase site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Any such termination of the use of materials taken from The Big Comic Book DataBase does not relieve any commercial user of any financial obligations they may have incurred in the use of such material, and such obligations will live beyond the duration of this contract, until satisfied in full.



DISCLAIMER



THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BIG COMIC BOOK DATABASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BIG COMIC BOOK DATABASE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BIG COMIC BOOK DATABASE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE BIG COMIC BOOK DATABASE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



LIMITATION OF LIABILITY



UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE BIG COMIC BOOK DATABASE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, THE IMPROPER USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE BIG COMIC BOOK DATABASE OR A THE BIG COMIC BOOK DATABASE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE BIG COMIC BOOK DATABASE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.



UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE BIG COMIC BOOK DATABASE OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE BIG COMIC BOOK DATABASE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.



OTHER



This agreement shall be governed by and construed in accordance with the laws of the State of Utah, and you consent to exclusive jurisdiction and venue in such courts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.



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