Terms of Conditions
Welcome to UniversalUclick.com, GoComics, uExpress.com, ThePuzzleSociety.com, ComicsSherpa.com and our Andrews McMeel Universal hosted affiliate Websites (individually and together, the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE. This Site is owned and operated by Andrews McMeel Universal, LLC. (referred to as "Andrews McMeel Universal"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
By using this Site, ordering or using Applications, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Missouri law. If you do not agree to these Terms, you do not have permission to use the Site. Andrews McMeel Universal reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via email. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
Payment terms and refund information (if applicable) for Applications and other products are provided in the ordering process and/or on the Help page in connection with ordering that product.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. You also agree that Andrews McMeel Universal may send you notices, announcements, offers and alerts regarding Andrews McMeel Universal owned, operated or affiliated sites and services. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. Andrews McMeel Universal may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.
AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or uclick may, at Andrews McMeel Universal's option, be conducted electronically. Andrews McMeel Universal may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
OBLIGATION FOR USING YOUR PASSWORD ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.
You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Andrews McMeel Universal immediately to authorize us to deny access to the Site to anyone else presenting your password and/or phone number.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE AND APPLICATIONS
Andrews McMeel Universal hereby grants you the limited right to view and use the Site only for the purposes of placing product orders or for accessing information, Applications and services as well as posting, uploading and distributing content to and through the Site as may be permitted therein. Andrews McMeel Universal reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Andrews McMeel Universal. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Andrews McMeel Universal, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site, (b) alter or modify any content on the Site, (c) present, display or link to any Site content in any manner other than the context in which it is presented by Andrews McMeel Universal, including without limitation, directly linking to Andrews McMeel Universal's comic images, or (d) otherwise present, display or link to Site content in any manner that bypasses or circumvents the Site's advertising and/or informational features. The limited license to the Site and Applications is subject to the following conditions:
You understand that all feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not uclick, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive or objectionable.
You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
Your Materials, user name and/or screen name will not disparage in any manner Andrews McMeel Universal, its Licensors, or their Applications, products, or services and sites.
Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Sites. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online website or other organization is expressly prohibited.
You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
You acknowledge that Andrews McMeel Universal does not pre-screen any Materials posted by you or other users, but that Andrews McMeel Universal and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, Andrews McMeel Universal and its designees shall have the right to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site. Andrews McMeel Universal may establish practices and limits concerning the use of the Site and Applications. You agree that uclick has no liability or responsibility for the storage or deletion of any Materials that you submit or post. Andrews McMeel Universal reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
From time to time, Andrews McMeel Universal may offer you the ability to use certain applications, services or software either at no charge or for a fee ("Applications"). For example, Andrews McMeel Universal may provide chat areas, bulletin boards, email functions, software downloads, multi-player games and software that allows you to create greetings, puzzles, photographs and cartoons.
The Applications that are made available to you are the copyrighted work of Andrews McMeel Universal and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Andrews McMeel Universal shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
The Applications may contain third party digital rights management systems ("DRMS") that may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the Applications for unauthorized use). These DRMS are subject to their own license agreements and you agree that Andrews McMeel Universal shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Unless expressly stated otherwise in the EULA, you are granted a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation.
COPYRIGHTS AND TRADEMARKS EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER ANDREWS MCMEEL UNIVERSAL, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
Andrews McMeel Universal will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, storing, copying, or otherwise making available any content from the Site on another website without the prior written permission of uclick is expressly prohibited. Please see Andrews McMeel Universal's Copyright & Trademark Notice for more detailed copyright and trademark information and use limitations.
SUBMITTING MATERIALS AND FEEDBACK
You agree to indemnify and hold uclick, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND ANDREWS MCMEEL UNIVERSAL, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. ANDREWS MCMEEL UNIVERSAL HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORN BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, ANDREWS MCMEEL UNIVERSAL DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES, VISITING CHAT ROOMS OR READING MATERIAL POSTED TO THE SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ANDREWS MCMEEL UNIVERSAL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ANDREWS MCMEEL UNIVERSAL NOR ANY OF ANDREWS MCMEEL UNIVERSAL'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF ANDREWS MCMEEL UNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ANDREWS MCMEEL UNIVERSAL OR ANY OF ANDREWS MCMEEL UNIVERSAL'S AFFILIATES OR AGENTS SHALL BE, AT ANDREWS MCMEEL UNIVERSAL'S OPTION,
SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ANDREWS MCMEEL UNIVERSAL; OR
REFUND OF THE AMOUNT THAT YOU PAID TO ANDREWS MCMEEL UNIVERSAL. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Andrews McMeel Universal, Andrews McMeel Universal's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that:
You possess the legal right and ability to enter into and make the representations and warranties contained in these Terms;
All information submitted by you to the Site is true and accurate;
You will keep your registration information current;
You will be responsible for all use of your password and/or phone number even if such use was conducted without your authority or permission;
You will not use the Site for any purpose that is unlawful or prohibited by these Terms;
You are the owner of the Materials and they are original to you;
The Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right;
The Materials do not constitute defamation or libel or otherwise violate the law, and
You agree to defend, indemnify, and hold Andrews McMeel Universal (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
The Site contains links to third party sites that are not under the control of Andrews McMeel Universal and Andrews McMeel Universal is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Andrews McMeel Universal provides links only as a convenience and the inclusion of the link does not imply that uclick endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that uclick shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This Site is controlled and operated by Andrews McMeel Universal from its offices within Missouri, United States of America. Andrews McMeel Universal makes no representation that the Site, Applications, or related information offered by Andrews McMeel Universal are appropriate or available in other locations. Those who choose to access the 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.
The Site, Applications, and related information are the exclusive property of Andrews McMeel Universal or its suppliers. All rights not licensed herein are hereby reserved to Andrews McMeel Universal or its suppliers.
TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, Andrews McMeel Universal may terminate or cancel your access rights to the Site immediately without notice. Andrews McMeel Universal may also block your use of the Site or direct you to cease using it. Andrews McMeel Universal reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Andrews McMeel Universal shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof.
If you wish to cancel your membership to the site, please send an email to email@example.com. Refunds will be issued up to 14 days after the purchase or renewal of the membership. If 14 days have passed, the member will retain access until the end of the paid period, at which time the membership will not be renewed. No pro-rated refunds will be given.
These Terms shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Jackson County, Missouri. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Jackson, Missouri, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Missouri law.
These Terms, as amended, your registration forms, and the disclosures provided by Andrews McMeel Universal and the consents provided by you, constitute the entire agreement between you and Andrews McMeel Universal. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Andrews McMeel Universal's failure to act with respect to a breach by you or others does not waive Andrews McMeel Universal's right to act with respect to subsequent or similar breaches.
You agree that Andrews McMeel Universal may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Andrews McMeel Universal to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by uclick and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Andrews McMeel Universal by postal mail to: Andrews McMeel Universal, 1130 Walnut St., Kansas City, MO 64106, or as to a successor address that Andrews McMeel Universal makes available on the Site or through other reasonable manner. If applicable lawrequires that Andrews McMeel Universal accept email notices (but not otherwise), then you may send Andrews McMeel Universal email notice using Andrews McMeel Universal's address: firstname.lastname@example.org or The Puzzle Society Contact Form. With respect to Andrews McMeel Universal notices to you, Andrews McMeel Universal may provide notice of amendments by posting them in the Site and you agree to check forchanges. Instead or in addition, Andrews McMeel Universal may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
CONTACT INFORMATION DISCLOSURE.
Andrews McMeel Universal's name and street address is Andrews McMeel Universal, 1130 Walnut St., Kansas City, MO 64106. You can also contact Andrews McMeel Universal by emailing email@example.com.