The effective date of this Agreement is 1 April 2023.
By accessing or using any features of the site ("The Phantom Trail"), located at www.phantomtrail.com, and operated and managed by Aman King and/or others ("Website Creators", "We" or "Us"), you agree to be bound by these terms of use (collectively, "Terms of Use"). All visitors to and users of any aspects of the Phantom Trail (collectively, "Users") are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these terms of use carefully each time you use this site.
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.
These Terms of Use set out the legally binding terms with respect to your use of the Phantom Trail. Please read these Terms of Use carefully. Your access to and use of the Phantom Trail constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the Phantom Trail.
Registration
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.
Additionally, in certain areas of the Phantom Trail, you may be asked to identify yourself and should you choose to do so, you agree to provide us with accurate information about yourself. For example, you may not enter, select or use a false location, or biodata, or an email address owned or controlled by another person with the intent to impersonate that person. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use. In addition, we reserve the right to deny access to a user at our discretion.
Security
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
Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Phantom Trail, except and to the extent expressly permitted under these Terms of 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
Without limiting the generality of any other provisions of these Terms of Use, you agree:
- 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 understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- 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.
- By uploading User Content to the Phantom Trail, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) us an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use.
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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.
Privacy
Use of the Phantom Trail is also governed by our Privacy Policy which we encourage you to review.
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.
In particular to the Comic Strips Content displayed on the Phantom Trail, you understand clearly and completely that the Comic Strips may be sourced from Other Sources including but not limited to Comics Kingdom located at comicskingdom.com. These Sources will be clearly mentioned near or against the Content or Contents as "Source" or "Courtesy" or equivalent. You further understand that the Content may be provided by the respective Source free of cost and/or subject to limitations and/or subject to a paid fee or subscription. You acknowledge and agree that it is your responsibility and yours alone to ensure that the Content you view and/or use, including any and every format of the Content you view and/or use, is such Content and format to which you have genuine right to view and/or use. If you proceed to view the Comic Strips Content on the Phantom Trail, you agree to fully comply with the requirements or Terms of Use or equivalent of the respective Sources and to make any necessary payments to the respective Sources if applicable, and will not hold the Phantom Trail or the Website Creators responsible or liable for any violation of any requirement or Terms of Use or equivalent laid down by such Sources or for any default on full or part payments to such Sources if applicable.
Indemnity
You agree to indemnify and hold the Website Creators and their respective affiliates, licensors, members, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Phantom Trail, (ii) your use of the Phantom Trail, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any Content, (v) your violation of these Terms of Use, (vi) your violation of the Terms of Use or equivalent of any third party, (vii) any use of your user account by you or any third party, or (viii) the infringement or other violation by you, or any third party using your user account, of any intellectual property or other right of any person or entity.
Disclaimer
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.
Changes to Terms of Use
We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Phantom Trail after any modifications indicates your acceptance of the modified Terms of Use.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind the Website Creators in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Phantom Trail. These Terms of Use, which shall be deemed accepted by you upon your use of the Phantom Trail, constitute the entire agreement among you and the Website Creators regarding use of the Phantom Trail. The Website Creators' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Phantom Trail and any notices regarding the Phantom Trail.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Use to