The effective date of this Agreement is 1 April 2023.
As a User of the Phantom Trail you may, from time to time, post content and share it with other users, and read content generated by other visitors to the Phantom Trail.
In order to access some features of the Phantom Trail, you may be required to sign in to a 3rd party service "Comics Kingdom", located at comicskingdom.com, or to a 3rd party service "Gumroad", located at gumroad.com. The Phantom Trail is not affiliated to Comics Kingdom in any which way. Also, the Phantom Trail is not affiliated to Gumroad in any which way other than the Website Creators being registered on Gumroad as creators.
The Phantom Trail may open a Comics Kingdom or Gumroad website page on a different browser tab or browser window where a user may sign in or sign up. The Phantom Trail does not get access to a user's Comics Kingdom or Gumroad login credentials. Gumroad can at its discretion choose to share contact details of its users with creators registered with Gumroad. Such sharing of user information will be in accordance with Gumroad's policies, such as https://gumroad.com/privacy and https://gumroad.com/terms, and the Phantom Trail is not accountable for such access provided by Gumroad.
You shall be responsible for maintaining the confidentiality of your login credentials, and you are fully responsible for all activities that occur under your user account, whether or not you authorize such activities. Any user account and profile for your access to the Phantom Trail shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your user account of which you become aware, and (b) ensure that you sign out from your account at the end of each session.
Use of the Site
You may use the Phantom Trail solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content posted to the Phantom Trail, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Phantom Trail, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Phantom Trail. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Phantom Trail, you may be exposed to User Content that is offensive, indecent or objectionable. You are solely responsible for your reliance on any communications found on the Phantom Trail.
The Phantom Trail may also display Content from Other Sources or Services such as but not limited to Twitter and Facebook and Phantom Phorum. You acknowledge and agree that we do not control such Other Sources or Services nor the Content sourced from them. Your above understanding about User Content applies to such Content from Other Sources or Services as well.
The Phantom Trail may display Content created or maintained by Us. While we put in a best effort to bring to you error-free and accurate information, we make no such guarantee nor provide any warranty on any and all of such Content. If you notice any discrepancy or incorrectness or other issues in such Content, you may bring the same to our notice. We will try to make an effort to investigate and/or address the issue, but we do not make any promise nor take any undertaking to do so. Any modifications to such Content is at our sole discretion.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY CONTENT, ANY ERROR OR OMISSION IN ANY CONTENT, ANY CLAIM THAT ANY CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON ANY CONTENT.
Restrictions on Rights to Use
- remove any copyright, trademark or other proprietary rights notice contained in or on the Phantom Trail;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Phantom Trail;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Phantom Trail;
- submit to the Phantom Trail any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to the Phantom Trail any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the site, any other website, or any computer or other device or system, or the enjoyment of the Phantom Trail by any User;
- use the Phantom Trail to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Phantom Trail any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Phantom Trail to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the Phantom Trail other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Phantom Trail or the IT infrastructure used to operate and make the Phantom Trail available;
- use the Phantom Trail and/or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content posted by You
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
- You are solely responsible for any User Content you post, publish or display on the Phantom Trail or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Phantom Trail. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Phantom Trail any User Content that is false, inaccurate, misleading or fraudulent.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Phantom Trail. You may not post any content that:
- is patently offensive to users of the Phantom Trail, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature.
Copyright & Trademark Ownership
Any and all copyright ownership and trademark ownership of Content displayed on the Phantom Trail remains with their rightful Owners. We make no claims of ownership with regard to Content created or owned by Others. This applies to but is not limited to (i) any User Content, (ii) any Comic Strips, (iii) any Images or Photographs or Derivatives of the same, and (iv) any Article or Publication or Text or Derivatives of the same.
Any and all Content explicitly created by the Website Creators for use on the Phantom Trail or for use related to the Phantom Trail, and which do not fall under the above mentioned Content, is owned and copyrighted by Us, and all rights are reserved unless explicit permission is granted for limited use.
If you believe that any Content displayed on the Phantom Trail is in violation of copyright or trademark, you may notify Us of the same. We will make a best effort to investigate and/or address the issue, but we do not make any promise nor take any undertaking to do so if the Content is not controlled by Us.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PHANTOM TRAIL, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE PHANTOM TRAIL, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN AS AVAILABLE BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE PHANTOM TRAIL, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE PHANTOM TRAIL, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PHANTOM TRAIL, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE PHANTOM TRAIL IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE PHANTOM TRAIL, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PHANTOM TRAIL. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES REGARDING: (I) THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THE PHANTOM TRAIL IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, (II) THE SUITABILITY OF ANY CONTENT FOR ANY GIVEN USER, OR (III) THAT THE PHANTOM TRAIL OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE PHANTOM TRAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL THE WEBSITE CREATORS OR THEIR RESPECTIVE AFFILIATES, OR MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE PHANTOM TRAIL, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, RECOMMENDATIONS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PHANTOM TRAIL, USE OF ANY PRODUCT PURCHASED OR AVAILABLE THROUGH THE PHANTOM TRAIL, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, THE WEBSITE CREATORS' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE PHANTOM TRAIL OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, RECOMMENDATIONS AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PHANTOM TRAIL, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED INDIAN RUPEES (RS 100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Services; Links to Third Party Sites
We may display on the Phantom Trail advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE PHANTOM TRAIL, ANY PRODUCTS, SERVICES, EVENTS OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
In addition, you may order services or merchandise through the Phantom Trail from other persons ("Seller"). For example, you may choose to purchase a comic book from an online bookseller linked to from the Phantom Trail. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. The Website Creators makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider the Website Creators, nor will the Website Creators be construed as, a party to such transactions, whether or not the Website Creators may have received some form of revenue or other remuneration in connection with the transaction. You agree that the Website Creators will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Contact and Violations