1. Acceptance of Terms

Toontoony Inc, provides a collection of online resources, including product listings, advertising, email services and links to third party sites (referred to hereafter as “the Service”), available at the URL https://toontoony.com/ (the “Site”), that are subject to the following Terms of Use (“Terms”). You agree to abide by these Terms if you use the Site or the Service in any way. Additionally, you agree to follow any applicable posted guidelines for those services, which may change from time to time, when utilizing specific Toontoony services. Send an email to abuse@toontoony.com to report any violations of these terms.

Your only option if you disagree with any term or condition of these Terms, any guidelines, or any subsequent amendments thereto, or if you change your mind about Toontoony in any manner, is to stop using the Site and the Service right away. In the event of non-compliance, Toontoony won’t be held responsible for any loss or harm.

Toontoony has the right to alter these terms. You recognize and acknowledge that it is your sole responsibility to periodically check these Terms. The most recent version of these Terms is always available at https://toontoony.com/terms/. Any continued use of the Software or Service by you following the posting of the modified Terms or the sending of a notification regarding the revision to you shall constitute your acceptance of the amended terms.

You acknowledge and accept that, unless otherwise specified, Toontoony has no control over, responsibility for, or endorsement of any information on or in the Service, including, without limitation, listings, links, messages, ads, and reviews.

2. Registration

The Toontoony registration process must be finished even though registration is not necessary to use the Service or have access to the Site. You must be at least 18 years old and provide a valid email address in order to register. You must also choose a username and password during the registration process. Whether or not you have given permission for a particular purpose, you are responsible for protecting the privacy of your login, password, and all account usage. You consent to immediately alert Toontoony about any unauthorized account use.

Any user who improperly uses another person’s name, likeness, email address, or other personally identifiable information may have their account deleted by Toontoony. The company also has the right to deny any user access to the Site or the Service.

3. Content

You acknowledge that all listings, messages, texts, files, pictures, photos, videos, audio, or other materials (collectively, “Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the individual or entity from which such Content originated. You also acknowledge that by using the Site, you may be exposed to content that is offensive, indecent, incorrect, misleading, or otherwise objectionable. Toontoony neither controls nor is responsible for the Content made accessible through the Site.

Furthermore, links to websites that are not affiliated in any way with Toontoony may be present on the Site and in the Content made available through the Site. The correctness, comprehensiveness, or validity of the content on this website is not guaranteed by Toontoony. Toontoony will never be held responsible in any manner for any Content or for any loss or damage of any kind resulting from the use of any Content posted, emailed, linked, or otherwise made accessible by the Site.

You acknowledge that any uploading or posting you do is done at your own risk, and Toontoony disclaims any liability. Furthermore, Toontoony makes no guarantees about how you will utilize any software or content from third parties that you download from the Site.

The ramifications of any Content that you put on the Site are entirely your responsibility. Though Toontoony does not claim ownership of the Content that its users post, by doing so, you automatically grant Toontoony an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute said Content as well as to create derivative works of or incorporate said Content into other works and to grant and authorize sublicenses through various channels. Additionally, you acknowledge that Toontoony has the right to delete any Content at any time for any reason, at its sole discretion.

4. User Conduct

You commit to exercising caution and showing consideration for other users. Furthermore, users are forbidden from abusing or harassing other users on the Site or through the Service. A person may be removed from the Service or blocked from the Site if they have repeatedly harassed other people.

You agree not to publish, send through email, or otherwise make available any materials that:

  • Is unconstitutional, harassing, defamatory, abusive, threatening, hurtful, prejudiced, racially insulting, vulgar, or otherwise unacceptable.
  • Promotes any illicit services or the sale of any goods that are forbidden or banned by the relevant laws.
  • Is inappropriate for children or features any form of sexual content.
  • Promotes behavior that could be illegal, subject to civil responsibility, or otherwise in violation of any municipal, state, national, or international law or regulation.
  • Sends or publishes any unauthorized or unwelcome advertising, “spam,” “junk mail,” “chain letters,” “pyramid schemes,” etc.
  • Sends or posts any content that violates patents, trademarks, trade secrets, copyrights, or other property rights.
  • Posts or transmits any viruses or other content that is intended to interfere with, restrict, or obliterate the functionality of any computer software or hardware belonging to users, members, or the Toontoony service.
  • Engages in commercial activity, such as competitions, sweepstakes, etc., without Toontoony’s prior agreement. This includes gathering, storing, or soliciting information about other users or members for commercial or illicit purposes.
  • Includes privately identifiable information about another member that was published without that person’s express permission.
  • Contains content that was previously submitted by another user but was re-posted without their consent or credit.
  • Uses other altered identifiers, such as deceptive email addresses, to conceal its source.
  • Is purposely published in an irrelevant category or city, posts the same or a similar piece of content repeatedly, or otherwise places an unreasonable or disproportionately heavy burden on Toontoony’s infrastructure.
  • Comes from multiple member accounts.
  • Flouts or makes an effort to flaunt any security or verification measures related to using the site or services.

Additionally, you agree not to:

  • Speak to everyone who requested not to be contacted.
  • “Stalk” or harass anybody in any other way.
  • Remove or edit any content that any other user has posted.
  • Falsely claim or otherwise misrepresent your association with another person or entity, or impersonate any person or entity.
  • Utilize automated methods, such as spiders, robots, crawlers, data mining tools, or similar devices, to download data from the website.
  • Make an unauthorized attempt to access Toontoony computer systems or networks in order to carry out any actions that interfere with, interrupt, or degrade the functioning of the Service or the Site.
5. No Spam Policy

You recognize and acknowledge that sending unsolicited email advertisements to Toontoony email addresses or through Toontoony computer systems, which is explicitly banned by these Terms, will use or cause to use servers located in California, will use or cause to be used Californian servers. Any unauthorized use of Toontoony computer systems constitutes a violation of these Terms and of various federal and state laws, including without limitation Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code, as well as the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such offenses may result in civil and criminal sanctions for the sender and his or her agents.

6. Ownership

The Site and the Service are and will always be the sole property of Toontoony and its licensees, who also hold all rights, titles, and interests in and to them. The names “Toontoony, Inc.” and “Toontoony” and any other logos, icons, or marks used to identify Toontoony services or products are trademarks of Toontoony and cannot be used without the company’s express written consent. Without Toontoony’s prior written consent, you may not copy, reproduce, distribute, or create derivative works of the Service or the Site, unless otherwise expressly permitted under these Terms. Toontoony is the only owner of all rights not expressly granted in these Terms.

Users of the Site are expected to treat others’ intellectual property rights with respect, as does Toontoony. Any copyrighted content, trademarks, or other proprietary information that you do not have the legal right to use may not be posted, disseminated, or reproduced in any other way. Please contact us right away at abuse@toontoony.com if you think that someone has copied your work illegally using the Service or if your intellectual property rights have otherwise been violated. The Digital Millennium Copyright Act of 1998’s Title II criteria must be followed in order to file a notice of infringement with Toontoony. The U.S. Copyright Office website has the text of this law posted there.

7. Dealings with entities or people

Your interactions with any businesses or people you find on the Site or via the Service are not the responsibility of Toontoony. This covers any terms, conditions, warranties, and representations related to such dealings, as well as the payment and delivery of goods and services. These transactions are purely between you and the aforementioned groups and/or people. You acknowledge that any harm or loss resulting from such dealings is not the responsibility of Toontoony. Toontoony is not obligated to intervene in disagreements between users of the site or between users of the site and any third party. You waive any claims, damages, and demands of any kind—known or unknown, suspected or unsuspected, revealed or undisclosed—against Toontoony, its officers, employees, agents, and successors in rights arising out of or in any way connected to such disputes and our service.

If you live in California, you agree to disregard California Civil Code Section 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

8. Limitation & Termination of Service

You agree that Toontoony may impose restrictions on how the Service is used. You acknowledge and agree that Toontoony shall not be liable or responsible for the failure to store, or the deletion of, any Content maintained or sent by the Service. You agree that Toontoony will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Toontoony reserves the right to modify or discontinue the Service (or any part thereof) at any time with or without notice.

You acknowledge and agree that Toontoony, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or take other steps to prevent your future access to or use of the Site (or any portion thereof), as well as to edit or remove any previously posted content. This includes, without limitation, if Toontoony believes that you have violated these Terms. Furthermore, you acknowledge that in the event that Toontoony terminates your access to the Site, it won’t be held responsible to you or any other parties. Additionally, you agree that after such termination, you won’t try to use the Site or the Service.

9. Privacy & Information Disclosure

Users can learn more about how their information is gathered and used from Toontoony’s Privacy Policy. Our Privacy Policy’s most recent version is available at https://toontoony.com/privacy/. You acknowledge and agree to our Privacy Policy by using the Site or the Service. You further acknowledge that Toontoony may, in its sole discretion, preserve or disclose your Content and your information, including your email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that doing so is necessary to comply with the law, enforce these Terms, respond to claims that any Content violates the rights of third parties, or protect the rights of others.

10. Disclaimer of Warranties

You expressly acknowledge that use of the site, service, and content is at your own risk and that you alone are responsible for any harm to your computer system or data loss resulting from the download of files, software, services, and/or any graphics or other content. A “as is” basis is followed in the provision of the website, service, and content. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TOONTOONY, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED IS NOT MADE BY TOONTOONY, ITS LICENSORS OR SUPPLIERS, NOR DO THEY WARRANT THAT THE SITE, THE SERVICE, OR THE CONTENT WILL M A FEW OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

11. Limitations on Liability

EVEN IF TOONTOONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL TOONTOONY, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT. TOONTOONY WILL ALSO NOT BE RESPONSIBLE TO YOU OR ANY OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. You acknowledge and agree that TOONTOONY’s total liability to you for any claims resulting from your use of the site, service, or content is strictly limited to any fees you may have paid to TOONTOONY for access to and use of the site, service, or content. THE DAMAGE LIMITATIONS SET FORTH HEREIN FORM THE ESSENTIAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND TOONTOONY. A FEW OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

12. Indemnity

You agree to defend, indemnify, and hold TOONTOONY harmless from and against any loss, cost, damages, liability, and/or expense arising from or related to (A) third party claims, actions, or allegations of infringement based on information, data, or content you submitted in connection with the service, (B) any fraud, misrepresentation, or other violation of these terms by you, (C) third party claims, actions, or allegations brought against TOONTOONY arising out of or related to.

13. General Information

Any dispute arising under these Terms shall be submitted to state and federal courts in San Francisco, California, and you hereby consent to the exclusive jurisdiction of such courts. These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of conflicts of laws therein. The remaining sections of these Terms will still be in effect if any provision is found to be defective or unenforceable. If Toontoony does not take action in response to a violation by you, Toontoony nevertheless has the right to take action in response to subsequent or similar breaches. Any attempt on your part to do so will be void. You are not permitted to assign or transfer these Terms or any rights herein. The heirs and assigns of each party shall be bound by and have the benefit of these Terms. Any delay or failure to perform caused directly or indirectly by any factors outside of Toontoony’s reasonable control is not subject to liability. Any notice demanded or given to you according to these Terms shall be sent to the email address you supplied upon registration. These Terms supersede all earlier understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral, and they represent the parties’ entire and exclusive understanding and agreement with respect to the subject matter hereof.