1. Use of Site
2. Our Content
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.
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
b) Our License Back to You of User Content You Generate
Throwaway Horse hereby grants to you a non-exclusive license to copy, reproduce, create derivative works from, or distribute any User Content that you yourself created and contributed to the Site. In other words, although we own the copyright and other intellectual property in anything you post on the site, you are free to reuse the User Content you created for your own purposes, including commercially. This license does not extend to User Content that you personally did not create.
c) Unsolicited 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.
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.
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
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
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.
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.
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.
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