Throwaway Horse LLC (“Throwaway Horse”) operates www.ulyssesseen.com (the “Site”) to provide online access to our web comic and reader’s guide products (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you don’t agree, please don’t use the Site. If you use the Site you’ll be deemed to agree. It’s that simple.
Throwaway Horse reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification means you agree to follow and be bound by the modification. The last date these Terms of Use were revised is November 19, 2013.
1. Use of Site
You may use the Service, the Site, and the information, comic book images, reader’s guide text, and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Throwaway Horse products and services. No right, title or interest in any Content is transferred to you. Throwaway Horse reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Our Content
a) Copyright
Although Ulysses is a public domain work, our comic book adaptation is itself protected by U.S. and/or foreign copyright laws, and belongs to Throwaway Horse or its partners, affiliates, contributors or third parties. The same is true for the rest of the Content, such as the reader’s guide, House of Keyes posts, etc. The copyrights in the Content are owned by Throwaway Horse or other copyright owners who have authorized their use on the Site. You may not manipulate or alter in any way images or other Content on the Site.
b) Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
c) Linking to this Site
“Deep linking” to the Site is okay, at least for now. Embedding Content is not. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
3. Your Content
a) User Postings
Throwaway Horse retains sole authority and discretion to accept or reject anything you post, provide and/or contribute to the Site. You agree that anything you provide to Throwaway Horse and/or contribute to the Site is available for our use free of any obligations to you, except where we have entered into a separate, written, and express agreement with you regarding your provision of Content. Except as set forth in a separate, written and express agreement, by posting or uploading any content to the website and/or providing any communication or material to Throwaway Horse (“User Content”), you automatically, perpetually and irrevocably: (a) grant to Throwaway Horse a non-exclusive license in the User Content for any use whatsoever, in any media whatsoever, now known or subsequently developed, throughout the world. This includes a license in all copyrights, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Throwaway Horse and/or by any person authorized by Throwaway Horse, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Throwaway Horse as your agent with full power to enter into any document and/or do any act Throwaway Horse may consider appropriate to confirm the license, consent and waiver set forth above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; and (e) confirm that no such User Content will be subject to any obligation, of confidentiality or otherwise, to you or any other person and that Throwaway Horse will not be liable for any use or disclosure of such User Content.
b) Idea Submission Policy
Throwaway Horse and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. This policy is necessary to avoid misunderstandings should Throwaway Horse’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas that may be offered to us. Please do not send your unsolicited ideas to Throwaway Horse or anyone at Throwaway Horse. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Throwaway Horse, without any compensation to you; (2) Throwaway Horse will have no obligation to return your idea to you or respond to you in any way; (3) Throwaway Horse will have no obligation to keep your idea confidential; and (4) Throwaway Horse may use your idea for any purpose whatsoever, including giving your idea to others.
Throwaway Horse occasionally solicits community input into the depiction of certain historical artifacts, such as the appearance of home furnishings, character clothing, and the like. You agree that if an idea you submit regarding such matters is incorporated by Throwaway Horse, you are granting a non-exclusive license to Throwaway Horse to use such idea on the terms set forth for User Postings in 3(a) above. Throwaway Horse may, in its sole discretion, note attribution of the idea to you. You nonetheless agree to waive any and all claims to attribution, as well as any claim of joint authorship. You hereby agree that the submission of any such idea does not rise to the level of the submission of tangible expression, and is in any event not intended to be merged into the whole of the Content, such as the comic or Reader’s Guide.
4. Your Conduct
a) General Conduct
You agree to use the Site only for lawful purposes and in accordance with all applicable local, state and federal laws and regulations, and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. Please be aware that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. If a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Throwaway Horse) or privately transmitted on or through the Site are the sole responsibility of the sender, not Throwaway Horse, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site.
You cannot post emails or submit to or publish through the Reader’s Guide or House of Keyes or otherwise make available on the Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks or is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(d) violates any law, regulation (including laws regarding the transmission of technical data or software exported from the United States ), treaty or judicial or governmental order, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
(e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l) copies any other pages or images on the Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to a ‘pyramid’ or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) disobeys any policy or regulation established from time to time regarding use of the Site or any networks connected to the Site; or
(q) contains links to other sites that contain the kind of content which falls within the descriptions set forth in (a) through (p) above.
b) Forums
The Site may, from time to time, include functionality in the Reader’s Guide and House of Keyes such as bulletin boards, chat rooms, community pages or other forums (“Forums”). It is impossible for us to review messages or confirm the validity of information posted. Please remember that we do not actively monitor the contents of the Forums. We do not vouch for or warrant the accuracy, completeness, timeliness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Throwaway Horse. Throwaway Horse retains the authority and discretion to remove any objectionable, inaccurate, or irrelevant Forum material that does come to its attention.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. Throwaway Horse has the authority to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if we determine that removal is appropriate. This is not an automated process, however, such that we may not be able to remove or edit particular messages immediately. Under no circumstances will Throwaway Horse be liable for any direct, indirect, incidental, special or consequential damages that result from use of, or the inability to use, the Forums. You specifically acknowledge and agree that Throwaway Horse will not be liable to you for any defamatory, offensive or illegal conduct of any other user.
Although we do not and cannot review the messages posted and are not responsible for the content of any of these messages, we reserve the right to remove or modify any message without notice or liability at any time in our sole discretion. Any use of the Forums will be at your own risk and will be subject to the disclaimers and limitations of liability set forth above.
c) Treatment of the Site
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of the Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Site.
5. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Throwaway Horse of the third party, the third-party web site, or the information contained therein. Throwaway Horse is not responsible for the availability of any such web sites. Throwaway Horse is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Throwaway Horse affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
6. Downloading Files
Throwaway Horse cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Disclaimer of Warranties
THROWAWAY HORSE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THROWAWAY HORSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THROWAWAY HORSE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THROWAWAY HORSE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
8. Limitation of Liability
IN NO EVENT WILL THROWAWAY HORSE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THROWAWAY HORSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THROWAWAY HORSE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
9. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Throwaway Horse, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. General Provisions
a) Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Throwaway Horse of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b) Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Throwaway Horse therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Throwaway Horse does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c) Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Service, Throwaway Horse’s Privacy Policy, your use of the Site, any other Throwaway Horse web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Pennsylvania, without regard to any conflict of laws provisions. You agree that all disputes will be submitted to a three arbitrator panel and governed by the rules of the American Arbitration Association. You agree that any such arbitration will take place in the City of Philadelphia, Pennsylvania.
d) Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.. On notice, we will act expeditiously to remove content from the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. If you believe that any content appearing on the Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to Chad A. Rutkowski, Throwaway Horse Business Manager at the address listed below:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Chad A. Rutkowski, Business Manager
Throwaway Horse LLC
1820 Callowhill Street, 3rd Floor
Philadelphia, PA 19130
Email: crutkowski@throwawayhorse.com