Terms of Use

Effective as of: June 7, 2011

These Terms of Use govern your use of Cartoon Spread, created by Timespread Inc. ("TIMESPREAD"). Prior to your use of Cartoon Spread, please read and decide whether you agree to these Terms of Use. By using Cartoon Spread, you hereby acknowledge and agree to be bound by these Terms of Use and by Cartoon Spread’s Privacy Policy. If you do not agree to any of the following Terms of Use, then please do not use Cartoon Spread.

These Terms of Use apply only to people residing outside South Korea. For residents of South Korea, a separate Terms of Use in Korean, which can be found at our website, www.cartoonspread.com, shall apply.

Cartoon Spread Service

Cartoon Spread is a downloadable software application for mobile devices which allows its users to send and receive messages, including cartoons, photos, videos, contact information. Cartoon Spread is free to download and free to use, except when you use Cartoon Spread on a cellular network, rather than via Wi-Fi, in which case, standard data rates may apply, according to your wireless plan. Also, international data roaming charges may apply if you are traveling outside of your home country and Cartoon Spread is serviced from a foreign cellular network (rather than via Wi-Fi).

Eligibility

You must be at least 14 years old to use Cartoon Spread. If you are not at least 14 years old, then a parent or legal guardian must read and consent to these Terms of Use on your behalf.

Other End User License Agreements

Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of Cartoon Spread, provided that our Terms of Use will control in the event of a conflict with any such other agreement.

Ownership

The content of Cartoon Spread, other than Submissions (as defined below) by users, including all software, text, visual, and audio content ("Content") and TIMESPREAD's trademarks and logos, including Timespread and Cartoon Spread ("Marks"), is owned by or licensed to TIMESPREAD and is protected under South Korean and international laws.

Use of Cartoon Spread

You are responsible for your use of Cartoon Spread, and for any use of Cartoon Spread made using your device. You agree not to access, copy, or otherwise use Cartoon Spread, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by TIMESPREAD. If you decide to enter email-id, nickname, age, gender (or other personal information) in connection with your use of Cartoon Spread, you agree to sharing your every public cartoons. You also agree not to use Cartoon Spread to:

• violate any law or regulation;
• violate or infringe other people's intellectual property, privacy, or other rights;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
• violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
• send unwanted messages or any unauthorized advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software;
• stalk, harass, or harm another individual;
• impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• violate any requirements, procedures, policies or regulations of networks connected to Cartoon Spread; or
• interfere with or disrupt Cartoon Spread.

Cartoon Spread User Nicknames and Other IDs

We reserve the right to reclaim any Cartoon Spread user nicknames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.

Submissions and Messages

Cartoon Spread may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting user status message or sharing photos, profiles, audio and video clips, and other content. When you send us a Submission, you grant TIMESPREAD and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through Cartoon Spread. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote Cartoon Spread and TIMESPREAD.

We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from Cartoon Spread at any time.

By sending a Submission, you promise that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Messages that you send using Cartoon Spread are subject to our Privacy Policy.

Feedback

We always welcome and appreciate your feedback and suggestions about your experience using Cartoon Spread and ways to improve our service and product. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Support

If you have questions or need help using Cartoon Spread, please feel free to email us with your questions or comments at cartoonspread@gmail.com. We try to respond to your questions within 7 days.

Mobile Services

Cartoon Spread features many services that are available on mobile phones, primarily text messaging. We don't charge you for these services, but please be aware that your wireless carrier's normal data rates may apply and are your sole responsibility, as described above under the section, Cartoon Spread Service.

Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and Cartoon Spread may not work with all carriers or mobile devices.

By using Cartoon Spread, you consent to our communicating with you by text message or other electronic means to your mobile device and that certain information about your usage of Cartoon Spread may be communicated to us.

Copyright

We respect the intellectual property rights of others. Upon proper notice, we will remove any content which violates copyright law. We also reserve the right to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way which constitutes copyright infringement, then please send us a notification with all of the following information:
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit TIMESPREAD to locate the material on Cartoon Spread;
• information reasonably sufficient to permit TIMESPREAD to contact you, such as an email address, and, if available, a telephone number;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.
• Please send us all of the information described above by e-mail at cartoonspread@gmail.com

Links to Other Websites

Cartoon Spread may contain links to other websites (such as in advertisements), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Your access to such third-party websites or content shall be at your own risk, and you should always read the terms of use and privacy policy of a third-party website before using it. TIMESPREAD shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.

Privacy

TIMESPREAD respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using Cartoon Spread, you also agree to abide by our Privacy Policy.

Cartoon Spread Modifications

TIMESPREAD enhances and updates Cartoon Spread often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue Cartoon Spread, with or without notice to you. TIMESPREAD shall not be liable to you or any third party for any modifications made to, or the discontinuance of, Cartoon Spread.

Termination

TIMESPREAD reserves the right not to provide Cartoon Spread to any user, and also reserves the right to terminate any Cartoon Spread user at any time, in our discretion. If you violate any of these Terms of Use, your permission to use Cartoon Spread will automatically terminate.

Disclaimer of Warranties and Limitations on Our Liability

USE OF CARTOON SPREAD SHALL BE AT YOUR OWN RISK. CARTOON SPREAD IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIMESPREAD AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO CARTOON SPREAD (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
TIMESPREAD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH CARTOON SPREAD, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM CARTOON SPREAD. TIMESPREAD AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF CARTOON SPREAD; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CARTOON SPREAD; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH CARTOON SPREAD BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH CARTOON SPREAD.
FURTHERMORE, TIMESPREAD AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH CARTOON SPREAD OR ANY LINKED WEBSITE. TIMESPREAD AND ITS AFFILIATES ARE NOT A PARTY OR SHALL BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CARTOON SPREAD IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMESPREAD OR THROUGH CARTOON SPREAD WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TIMESPREAD NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF CARTOON SPREAD.
Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent TIMESPREAD may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TIMESPREAD's liability shall be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless TIMESPREAD, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using Cartoon Spread; (b) the use of Cartoon Spread by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. TIMESPREAD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TIMESPREAD in asserting any available defenses.

Force Majeure

Under no circumstances shall TIMESPREAD be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

Other Provisions

Cartoon Spread service is being provided based on servers located in South Korea, and it does not guarantee the usability or quality of use if used outside of South Korea. You will have to decide based on your sole judgment and responsibility whether to use Cartoon Spread service if you are outside of South Korea. Also while you are using Cartoon Spread, you are responsible for complying with all local laws and regulations where you reside.

These Terms of Use shall be governed by and construed in accordance with the laws of South Korea, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, Cartoon Spread, or TIMESPREAD will be filed only in courts located in South Korea, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of TIMESPREAD to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.

Terms of Use Changes

From time to time, TIMESPREAD may change these Terms of Use, in which case we shall inform you by posting the revised Cartoon Spread Terms of Use on the TIMESPREAD website. Changes shall go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of Cartoon Spread constitutes your consent to be bound by the revised Terms of Use.