Website Terms of Use
This Website Terms of Use (also referred to as “Terms of Use”) document outlines the rules and regulations that govern Your use of this Website, located at ‘openmindedcomics.com’ (also known as ‘Open Minded Comics‘). Your continued use of this Website indicates that You have both read and agree to the terms of this document in full and without reservation. If You disagree with these terms and conditions, or any part of these Terms of Use, You must not use this Website.
You must be at least 18 (eighteen) years of age to use this Website. By using this Website and by agreeing to these Terms of Use, You warrant and represent that You are at least eighteen years of age.
License to Use Website
Unless otherwise stated, Open Minded Comics owns the intellectual property rights published on this Website and materials used on Open Minded Comics. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files, or other content, from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
- republish material from this Website in neither print, nor digital media, or documents (including republication on another website);
- sell, rent, or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose;
- edit, or otherwise change any material on the Website;
- redistribute material from this Website – except for content specifically and expressly made available for redistribution; or
- republish, or reproduce any part of this Website using iFrames or screen-scrapers.
Open Minded Comics offers an opportunity for Users to post and exchange opinions and information in certain areas of the Website, including Comments. Comments do not reflect the views and opinions of Open Minded Comics, its agents and/or Affiliates; they only reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, We shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered because of any use of and/or posting of and/or appearance of the Comments on this Website.
When posting Comments, You warrant and represent that:
- You are entitled to post Comments on our Website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities, or unlawful activity.
We reserve the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive or cause a breach of these Terms of Use.
Where content is specifically made available for redistribution, it may only be redistributed within Your organisation.
Acceptable Use
You must not use this Website in any way that causes or may cause damage to the Website; or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this Website without Our express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing’ (iFrames)
- article ‘spinning’
You must not use this Website or any part of it to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without Our express written consent.
Restricted Access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to certain areas of this Website, or at Our discretion, this entire Website. We may change or modify this policy without notice.
If We provide You with a User ID and Password to enable You to get access to restricted areas of this Website, or other content or services, You must make sure that the User ID and Password are kept confidential. You alone are responsible for Your Password and User ID security.
We may disable Your User ID and Password at Our sole discretion, without notice or explanation.
User Content
In this document, Your “User Content” means any material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to this Website, for whatever purpose.
You grant Open Minded Comics a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute Your User Content in any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful; must not infringe any third party’s legal rights; and must not be capable of giving rise to legal action, whether against You, Open Minded Comics, or a third party (in each case under any applicable law).
You must not submit any User Content to the Website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, stored on the servers of Open Minded Comics, or hosted or published on this Website.
Our rights under these Website Terms of Use in relation to User Content: We do not undertake to monitor the submission of such content to, or the publication of such content on this Website.
No Warranties
This Website is provided “as is”, without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website, or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate, or non-misleading.
Nothing on this Website constitutes or is meant to constitute, advice of any kind. If You need advice in relation to any legal, financial, or medical matter, You should consult an appropriate professional.
Limitations of Liability
Open Minded Comics will not be liable to You (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with this Website:
- to the extent that the Website is provided free of charge for any direct loss;
- for any indirect, special, or consequential loss; or
- for any business losses, loss of revenue, income, profits, or anticipated savings; loss of contracts or business relationships; loss of reputation or goodwill; or loss or corruption of information or data.
These limitations of liability apply even if Open Minded Comics has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this disclaimer will exclude or limit Our liability in respect of any:
- death or personal injury caused by the negligence of Open Minded Comics, its agents, employees, or shareholders/co-owners;
- fraud or fraudulent misrepresentation on Our part; or
- matter which it would be illegal or unlawful for Us to exclude or limit, or to attempt or purport to exclude or limit its liability.
Reasonableness
By using this Website, You agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If You do not think they are reasonable, You must not use this Website.
Other Parties
You accept that, as a limited liability entity, Open Minded Comics has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against Our officers or employees in respect of any losses You suffer in connection with the Website.
Without prejudice to the foregoing paragraph, You agree that the limitations of warranties and liability set out in this website disclaimer will protect Open Minded Comics’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, as well as Open Minded Comics.
Unenforceable Provisions
If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
Indemnity
You hereby indemnify Open Minded Comics and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by Open Minded Comics to a third party in settlement of a claim or dispute on the advice of Open Minded Comics’ legal advisers) incurred or suffered by Open Minded Comics, arising out of any breach by You of any provision of these Terms of Use, or arising out of any claim that You have breached any provision of these Terms of Use.
Breaches of These Website Terms of Use
Without prejudice to Our other rights under these Terms of Use, if You breach these terms and conditions in any way, Open Minded Comics may take such action as We deem appropriate to deal with the breach; including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your Internet Service Provider (ISP) to ask that they block Your access to the Website, and/or bringing court proceedings against You.
Variation
We may revise these Website Terms of Use from time to time at Our discretion. The revised terms and conditions will apply to the use of this Website from the date of publication of the revised Terms of Use on this Website. Please check this page regularly to make sure You are familiar with the current version.
Assignment
We may transfer, sub-contract, or otherwise deal with Our rights and/or obligations under these Terms of Use without notifying You or obtaining Your consent.
You may not transfer, sub-contract, or otherwise deal with Your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
This Website Terms of Use document, together with Our Standard Terms and Conditions and Privacy Policy constitutes the entire Agreement between You and Open Minded Comics in relation to Your use of this Website and supersede all previous Agreements in respect of Your use of this Website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
Contact Information
Open Minded Comics is owned and operated by Open Minded Studios (Pty) Ltd, a registered company in the Republic of South Africa.
Our registered business address is: Johannesburg South, Gauteng 2091, South Africa.
If You need any more information or have any questions about Our Website Terms of Use, please feel free to Contact Us by Email.