Terms of Use

Warning: These terms are subject to change.

Date of Last Revision: December 10, 2008.

Welcome! Please read these terms and conditions of use ("Terms") carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this website.



1. Who We Are.
This Website is owned and operated by Chogger, LLC, a Pennsylvania limited liability company, organized and existing under the laws of the Commonwealth of Pennsylvania, d/b/a Chogger.com. "Chogger.com" is a trade name and service mark of Chogger, LLC.

2. Definitions.
The terms "Chogger.com," "we," "us" or "our" are used herein to refer to Chogger.com. The terms "you" and "User(s)" are used herein to refer to all individuals and/or entities accessing this website for any reason.

3. Resources.
Chogger.com provides you with access to a variety of resources including, but not limited to, user provided content, tools for producing comics, and forums for discussion of comics (collectively, "Resources"). The information contained on this website (the "Website"), including, without limitation, text, images, graphics, photos, software, audio and video files, e-mails, posted comments and all other interactive features and content (the "Content") is provided for your use conditional upon your acceptance without modification of the Terms.

4. Purpose.
The purpose of our site is to enable individuals to easily upload, generate, and/or produce comics ("Comics") that can be easily shared with others. We permit others who agree to these Terms to view or comment on Comics on the Website. We may offer a variety of forums through which you can interact with other individuals, including, but not limited to e-mail, newsletters, chat rooms, message boards, bulletin boards, blogs or other interactive communication facilities by means of the Website (collectively, "Forums"). We intend to add other content to the Website in the future.

5. Member Account, Password and Security.
You can access the portions of the Website that allow the uploading, generating, and production of Comics only with a password. You may register with us by setting up an account, completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and by acknowledging that you have accepted these Terms. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify Chogger.com immediately of any unauthorized use of your account or any other breach of security of which you become aware.

Chogger.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Chogger.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

6. Use Limitation.
While we encourage you to use the Resources on the Website for your own information, personal use and entertainment and to support your posting and reviewing of Comics, unless otherwise specified, you may not use the Resources on the Website for any other purpose, and no Resources on this Website including, but not limited to, the Content may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works or used in any other way, except with prior written permission of Chogger.com and with express attribution to Chogger.com. You may not alter or attempt to alter any Content or materials on the Website, or the Website itself, in any way.

You represent that you are at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties in these Terms, and agree to comply with these Terms. In any case, you represent that you are at least 13 years of age and that, if you are younger than 13, you will not use this Website, as the Chogger.com Website is not intended for children under the age of 13.

7. No Unlawful or Prohibited Use.
Please feel free to browse the Website; however, your access and use of the Website is subject to these Terms and all applicable laws. You may not use the Website in any manner that could disable, overburden, or impair any Chogger.com server, or interfere with any other person's use and enjoyment of the Website, other accounts, computer systems or networks connected to any Chogger.com server or to the Website, through hacking, password mining or any other means. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Chogger.com is prohibited. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. Your rights to use the Website may be further limited by federal law or the laws or regulations in your particular state or locality. Chogger.com may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website.

8. Ownership, Copyright and Trademark.
The material on this Website is protected by copyright, trademark and other laws of the United States and other countries. Copyrights in the Comics are owned by their respective creator(s) and the remaining Content on the Website, including the copyrights relating to providing the collection of Comics, are owned by us. You agree you will not copy any of the graphics, images, artwork, text, video or audio on this Website, without the express written permission of the owner of the copyrights in that material, or challenge the owner's rights or do anything that might impair or damage those rights.

You represent and warrant that you own the copyright or have the express written consent of the copyright holder of Comics, quote and other material that you post to the Website, and that none of your Comics will violate the privacy and/or publicity rights of any person and no such violations will occur by anyone through the use of your password. Comics, quotes and other material posted without permission of the copyright owner will be removed upon our learning of such unauthorized use.

We may reproduce Comics, prepare derivative works of Comics, distribute copies of Comics, publically perform including Comics, and/or display Comics. For instance, we may include advertising on Comics posted. You represent and warrant to us and authorize us to add advertising to Comics. You further represent and warrant to us that the addition of advertising to your Comic (or Comics posted under your password) will not violate the copyrights or privacy and/or publicity rights of any person.

If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on the Website, please provide Chogger.com with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Website; and 3) your contact information - name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized person to act on the copyright owner's behalf. This notice should be signed and provided to Chogger.com's Copyright Agent at info@chogger.com.

You agree not to use any trademarks, logos, names, service marks or other identifiers ("Trademarks") of Chogger.com or its employees, licensors, independent contractors, providers and affiliates (collectively "Affiliates") without the written permission of Chogger.com or the relevant Affiliate. In addition, you may not use the Trademarks:

(a) in, as, or as part of your own trademarks or those of any third parties;

(b) to identify products or services that are not those of Chogger.com;

(c) in a manner likely to cause confusion; or

(d) in a manner that implies inaccurately that Chogger.com sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.

Links to any part of the Website and information on the Website may only be established through mechanisms provided by the Website.

9. Forums.
Forums are provided on the Website by Chogger.com as a service and convenience to Users. Chogger.com does not screen, review or control the information and listings posted by Users, nor does it screen, review, or control any of the people who participate. Chogger.com is not responsible for the information or material provided on this Website by others and cannot guarantee the accuracy of the information provided by any other party. Chogger.com is not responsible for and does not endorse the opinions, advice or recommendations generated by participants in the Forums. Because we do not control the transactions between you and other Users, you hereby acknowledge that Chogger.com is in no way liable for any claims arising from your use of this Website. As a condition of your use, you agree to indemnify Chogger.com for all claims relating to any material or information posted by you on this Website. Remember that there are risks in dealing with people you do not know and that Chogger.com has no control over such risks. You need to exercise care in these transactions. People may provide information that is offensive, false, harmful, or deceptive. Please be cautious when sharing information, especially personal information, with others. Your use of such information is at your own risk.

Chogger.com may decide at any time to monitor the information and postings. Chogger.com reserves the right at its discretion to screen, refuse to post, remove or edit any and all information or postings from the Forums, or to bar access of any individual to the Website, or its Forums.

10. Communications with the Website.
We expect you to use only language appropriate for general conversation. You are prohibited from and agree not to post or transmit to the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, harassing, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to "stalk" or otherwise harass another or store personal data about other Users.

Information submitted to the Forums may be routed through Chogger.com's servers or servers of third parties, and may be viewed by the general public. Therefore, you should have no expectation of privacy for the information you post. This information may be collected and used by third parties. It is not secure or private.

In participating in the Forums, you agree not to market or sell any products or services or solicit others to do so, use the Forum for any commercial purpose, or violate the Terms of the Website.

Any contact or communication, which you may make with us or our Affiliates via the Website, must be for Chogger.com business-related purposes and all such communications are property of Chogger.com, and subject to review and monitoring by us. Any confidential or proprietary information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Chogger.com or our Affiliates for any purpose whatsoever. Notwithstanding the foregoing, personal data provided to Chogger.com through the Website will be handled in accordance with Chogger.com's Privacy Policy, which is available at this link, incorporated into these Terms and made a part hereof.

11. Third Party Content and Linked Sites.
You acknowledge that the opinions and recommendations expressed or made available in this Website are those of the respective author(s) and are not necessarily those of Chogger.com or endorsed by Chogger.com. This Website contains links to other sites created and maintained by other organizations, which may or may not be related to Chogger.com. These links are provided for your convenience and are for reference only and you agree that links do not imply that Chogger.com is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Chogger.com. You understand that the linked sites are not controlled by Chogger.com and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.

12. Disclaimer of Warranties and Limitations of Liability.
Your use and browsing of this Website is at your sole risk. If you are dissatisfied with the Website or any of the materials on the Website, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.

THIS WEBSITE, AND THE INFORMATION CONTAINED ON THIS WEBSITE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, CHOGGER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. CHOGGER.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOGGER.COM AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CHOGGER.COM OR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

13. Modifications.
Chogger.com reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this Website, and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. Chogger.com reserves the right to revoke any or all access and use authorizations granted to you in regard to this Website.

14. Termination or Suspension.
These Terms will continue to be in effect until you or we cancel or terminate your access to the Website. You may terminate these Terms at any time by destroying any and all materials you obtained from this Website and by ceasing to use the Website. We reserve the right to restrict, suspend or terminate your access to the Website in whole or in part, immediately and without notice, temporarily or permanently, if we, in our sole discretion, decide that you have failed to comply with any Term or if we decide to modify the terms and conditions governing future use of the Website. You acknowledge that Chogger.com shall not be liable to you or any third party for any termination or suspension of your access to this Website.

15. Jurisdiction and Governing Law.
You agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles, will apply to all matters regarding the use of this Website. You also agree to submit to the exclusive personal jurisdiction and venue of the Court of Common Pleas in Allegheny County and the United States District Court for the Western District of Pennsylvania with respect to such matters. Chogger.com makes no representation that the Website or the materials displayed on the Website are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Website from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

16. International Users.
Materials published at this Website may refer to products, programs or services that are not available in your country. Chogger.com makes no representation that this Website or the materials at this Website are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export information or materials at this Website in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this Website from a location outside of the United States, you are responsible for compliance with all applicable laws. By using this Website you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.

17. Assignment.
These Terms, and any rights granted under them, may not be transferred or assigned by you, but may be assigned by Chogger.com without restriction.

18. General.
These Terms contain the entire agreement between you and Chogger.com relating to your use of the Website and supersede all prior agreements, representations and understandings between you and Chogger.com with respect to the Website. No waiver of any provision of these Terms by Chogger.com shall be valid unless it is in writing and signed by Chogger.com. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our Website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.