Please read these terms and conditions carefully before using the Service.
The offer is conditional on your acceptance of these Terms. By continuing to use the Site, you indicate your acceptance of the Terms, and all related policies and guidelines of Bitstrips, if any, as indicated in these Terms and which are incorporated by reference.
If you are a parent or guardian and you provide your consent to your child’s registration with the Service, you agree to be bound by these terms.
Bitstrips may revise any portion of these Terms, or any other policies or guidelines governing the use of the Site, at any time, in its sole discretion and without advance notice to you. You agree to comply with all policies regarding permitted and prohibited uses of the Site that may be posted by Bitstrips on the Site. Any changes will be effective upon posting of the revised Terms on the Site. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. You may view the most current version of this policy at http://bitstrips.com/terms.php.
Your continued use of the Site following our posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the Terms, please immediately discontinue use of the Site.
1. The Service
1.1 The Service permits you to create comic strips and other Content (defined below) using Bitstrips Tools (defined below) and content provided by Bitstrips by other users of the Service, and to interact with those other users. The Service is provided over the Internet using software that was created or licensed by Bitstrips.
1.2 Bitstrips is a service provider only, and does not completely control the Content displayed on or accessible through the Service. Bitstrips does not generally monitor the communications between users of the Service. Bitstrips has limited control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
3. Account Responsibilities
3.1 By using the Service, you agree to (a) be bound by all these Terms, (b) be responsible for all use of your Bitstrips.com account, including all actions that take place through your account, (c) maintain the security of your account password, and (d) provide accurate and current registration information, including, if you are under 13, your parent or legal guardian’s valid email address.
3.2 You may close your account at any time. Once you notify Bitstrips of your intent to close your account, Bitstrips will close your account by the end of the next business day.
3.3 Bitstrips has the right at any time for any reason or no reason to suspend or terminate your account, terminate these Terms, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Bitstrips suspends or terminates your account or these Terms, you shall receive no refund or compensation for any unused time on a subscription, license or subscription fees, any content or data associated with your account, or for anything else.
4. Content Rights and Licenses
4.1 By using the Service you will have access to comics and other materials, graphics and text (collectively, "Content"). Content may be provided under license by Bitstrips or by independent content providers, including other users of the Service (all such independent content providers, "Content Providers").
4.2 You acknowledge that Bitstrips and other Content Providers have intellectual property rights in their respective Content. Except as described in the Terms, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
4.3 You may create Content using the Service. Subject to the Terms, you retain ownership of and all right to the Content that you create, including all copyright and other intellectual property rights.
4.4 By posting Content on the Service, you represent and warrant that you own or are the licensee of the Content, you have the right to post such Content on the Service, and such posting does not violate the rights of any other person in the Content.
4.5 You grant Bitstrips the following worldwide, perpetual, royalty-free, irrevocable and non-exclusive licenses to your Content:
a) upon creating or uploading the Content on the Service, a license to use, modify, and reproduce the Content within the Service, and
b) upon posting the Content on the Service, a license to use and reproduce the Content for commercial, marketing and/or promotional purposes, subject to an obligation upon Bitstrips to use commercially reasonable efforts to discontinue such use of your Content if you so advise Bitstrips in writing.
4.6 Bitstrips makes available to its users certain proprietary tools, including, but not limited to, the Character Builder, Comic Builder, Scene Builder and Merchandise Builder (collectively, "Bitstrips Tools"). Bitstrips may also create or provide Content, such as stock graphics, props, freely available characters, backgrounds and remixable graphics. So long as you comply with the Terms, you are granted a limited, revocable license to use Service, including the Bitstrips Tools, and to use such Content created or provided by Bitstrips. You do not have any right to use Bitstrips trade names or trade-marks, however, without express written permission of Bitstrips.
4.7 The Service permits you to allow others to modify and use Content that you have posted to the Site by indicating, when the Content is posted, that it is "remixable". By indicating that such Content is remixable and posting it on the site, you agree to license such Content under the terms of the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported license. This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License
4.8 The Service permits you to modify the Content of another user of the Service where such Content is indicated as "remixable". To the extent that such modification gives rise to your having rights in the modified Content (including rights to a derivative work or a compilation, if applicable), such rights shall remain yours. Such modified Content is subject to the automatic license to Bitstrips when posted on the Service under Section 4.5. Your use of the Content in any context, including without limitation outside the Service, shall be subject to the rights of Bitstrips and third parties in that Content, including without limitation these Terms and the Creative Commons Attribution-Noncommercial 3.0 Unported license, if applicable.
4.9 You may not use the Service or the Content for a commercial purpose without the consent of Bitstrips. If you would like to use Content for a commercial purpose, please contact Bitstrips directly at firstname.lastname@example.org. You agree that your creation of Content is not in any way based upon any expectation of compensation from Bitstrips.
4.10 Bitstrips reserves the right to delete or restrict access to any Content at any time for any reason whatsoever, and shall not be responsible for any losses or damages arising from the deletion or restriction of any Content for any reason.
5.1 By using the Service, you agree to adhere to the Bitstrips Community Guidelines at all times. Bitstrips' Community Guidelines are available at here.
5.2 The Service may only be used for lawful purposes. You may not use Bitstrips to post anything or to communicate anything which is illegal, offensive, or that violates the rights of any third party, including without limitation: copyrighted material, material judged by Bitstrips in its sole discretion to be defamatory, threatening, obscene or objectionable, material protected by trade secret or under any obligation of confidence, material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, and material that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. You may not access the Service though means other than as intended by Bitstrips. You may not reverse engineer the Bitstrips Tools or the Service. You may not charge any third party for access to or use of the Service. You may not impersonate any third party without their consent. You may not use the Service for any purpose other than that which it was designed.
5.3 Any violation by you of the Terms may result in immediate and permanent suspension or cancellation of your account. Bitstrips may take whatever steps it deems necessary to curtail objectionable behavior of any sort on the Service in its sole discretion, without notice to you.
5.4 To report an abuse of these Terms, email Bitstrips at email@example.com.
6.1 By submitting Content, you represent and warrant that the Content does not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, patents, trade-marks, trade secrets, or privacy or other personality rights.
6.2 Should Bitstrips be made aware of any Content posted by you that could be infringing on a third party's intellectual property rights, Bitstrips may remove such Content, at its sole discretion. Bitstrips will notify you of the copyright infringement allegation and will allow you to respond to the allegation(s).
6.3 To report an infringement of copyright, email Bitstrips at firstname.lastname@example.org.
7.1 As a condition of accessing the Service, you release Bitstrips (and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) of any costs, claims, damages or liability, arising out of or in any way associated with providing the Service.
7.2 THE SITE IS PROVIDED "AS-IS", WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Service may become unavailable from time to time without notice. Bitstrips assumes no responsibility for any loss, damage, deletion, theft, unauthorized use, error, omission, delay or interruption in connection with any Content, user account information, links to third party websites, personally identifiable information or services offered on or through the Service. Regardless of your ownership of any Content, you acknowledge and agree that Bitstrips will not under any circumstances be liable for the use or destruction of that Content when on the Service.
8. Limitation of Liability
IN NO EVENT WILL BITSTRIPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOST PROFITS OR LOST DATA, EVEN IF BITSTRIPS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICE OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE OR THE CONTENT.
You agree that all matters relating to the use of the Service shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the Federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. You also agree that any action at law or in equity arising out of or relating to these Terms or your use of the Service will be filed only in a court located in Toronto, Ontario, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.
You agree to indemnify and hold harmless Bitstrips and its directors, officers, employees, agents and partners from any loss, liability, claim, damages or demand, including attorneys' fees, made by any third party arising out of or in connection with any violation of these Terms.
You acknowledge and agree that any comments, questions, suggestions or ideas sent by you to the Service are non-confidential and shall become the property of Bitstrips, without acknowledgment or compensation to you.
No waiver of any breach of these Terms shall be effective unless contained in a written document signed by the party negatively affected by such waiver, nor shall any such waiver constitute a waiver of any other breach, nor shall any such waiver operate as a waiver of any other provision or of the same provision on a further occasion. Furthermore, no failure or delay by Bitstrips in exercising any right hereunder shall operate as a waiver hereof, or shall estop Bitstrips from obtaining relief from you.
This Agreement constitutes the entire agreement between you and Bitstrips regarding your use of the Service and is accepted upon your use of the Service.
This Agreement will be updated from time to time. Please check back regularly to stay informed of changes.