Terms of Service
1) ACCEPTANCE OF TERMS
tooner, llc
thanks you for joining our site. tooner provides the tooner services (defined
below) to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at: http://www.tooner.tv/site/terms. By accessing and using the tooner Services, you accept and
agree to be bound by the terms and provision of the TOS. In addition, when
using particular tooner owned or operated services, you and tooner shall be
subject to any posted guidelines or rules applicable to such services, which
may be posted and modified from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. tooner may also offer other
services that are governed by different Terms of Service.
2) DESCRIPTION OF TOONER SERVICES
tooner provides users with access to a rich collection of
resources, including without limitation various communications tools, forums,
shopping services, search services, personalized content and branded
programming through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the "tooner
Services"). You also understand and agree that the tooner Services may
include advertisements and that these advertisements are necessary for tooner
to provide the tooner Services. You also understand and agree that the tooner
Services may include certain communications from tooner, such as service
announcements and administrative messages, and that these communications are
considered part of tooner membership and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features which
augment or enhance the current tooner Services, including the release of new tooner
properties, shall be subject to the TOS. You understand and agree that the tooner
Services is provided "AS-IS" and that tooner assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications, media, or personalization settings. You are
responsible for obtaining access to the tooner Services, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the tooner Services.
You understand that the technical processing and transmission of
the tooner Services, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
Please be aware that there may be certain areas on the tooner
Services that contain adult or mature content. You must be at least 18 years of
age to access and view such areas. These Terms of Service apply
to all users of the Website and the Service, including users who are also
contributors of user submitted content, information, and other materials or
services on the Website and/or any tooner Service. The Website and the Service
may contain links to third party websites that are not owned or controlled by tooner.
tooner has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, tooner
will not and cannot censor or edit the content or any third party site. You
expressly relieve tooner from any and all liability arising from your use of
any third party website. Accordingly, we encourage you to be aware when you
leave the Website and/or the Service and to read the terms and conditions and
privacy policy of each other website that you visit.
3)
WEBSITE
AND SERVICE ACCESS
A. tooner
hereby grants you permission to use the Website and the Service as set forth in
these Terms of Service, provided that: (i) your use of the Website and the
Service is permitted solely for your personal, non-commercial use on platforms
specified by tooner; (ii) you will not copy, distribute, prepare derivative
works of, display, perform, transmit, sell, license or otherwise exploit any
part of the Website or the Service in any medium without prior written
authorization, except that you may copy portions of the Service as needed to
download, install and run client software as provided by tooner with the
Service; and (iii) you will otherwise comply with the terms and conditions of
these Terms of Service.
B. In
order to access some features of the Website or Service, you will have to
create an account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information. You
agree not to use the Website or the Service to impersonate any person or
entity, or falsely state or otherwise misrepresent yourself or your affiliation
with any person or entity. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure. You
must notify tooner immediately of any breach of security or unauthorized use of
your account. Although tooner will not be liable for your losses caused by any
unauthorized use of your account, you may be liable to others as well as us if
your account is used in violation of these Terms of Service.
C. You
agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses the Website. Notwithstanding the foregoing, tooner grants the
operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such materials. tooner
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names and media, from the Website, nor to use
the communication systems provided by the Website for any commercial solicitation
purposes. You agree not to upload, post, email, transmit, or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any form of solicitation. You agree not to
solicit, for commercial purposes, any users of the Website or the Service with
respect to their User Submissions.
4)
INTELLECTUAL
PROPERTY RIGHTS
The content on the Website
and the Service, except all User Submissions (as defined below) and the content
behind links to third-party sites, including without limitation, the text,
software, scripts, graphics, pictures, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or
licensed to tooner, subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions. Such
Content is provided to you AS IS for your information and personal, non-commercial
use only and you shall not use, copy, distribute, prepare derivative works of,
display, perform, transmit, sell, license, or otherwise exploit the same for
any other purposes whatsoever without the prior written consent of the
respective owners or except as otherwise permitted herein. You may download and
make personal, non-commercial use and copies of User Submissions that are
displayed by tooner with a "download" or similar link on the Website
and/or the Service. tooner reserves all rights not expressly granted in and to
the Website, the Service and the Content. If you download or print a copy of
the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the Website, the Service
or features that prevent or restrict use of copying of any Content or enforce
limitations on use of the Website or the Service or the Content therein.
5)
USER
SUBMISSIONS
A. The
Website supports the submission by you and other users of content, which may
include text, graphics, pictures, photos, sounds, music, videos or other
communications (collectively, "User Submissions"), and also supports
the hosting, sharing, and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are published, tooner does
not guarantee any confidentiality with respect to any submissions.
B. You
shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize tooner to use all
patent, trademark, trade secret, copyright or other proprietary rights in and
to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission to use the
name and likeness of each and every such identifiable individual person
included in a User Submission in order to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. For clarity, you retain your ownership rights in your User
Submissions. However, by submitting the User Submissions to tooner, you hereby
grant tooner a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, copy, distribute, prepare derivative works of,
display, perform and transmit the User Submissions in connection with the
Website and the Service and tooner's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the Website
and/or the Service (and derivative works of either) in any media formats and
through any media channels. You also hereby grant each user of the Website
and/or the Service a non-exclusive license to access your User Submissions
through the Website and/or the Service, and to use, copy, distribute, prepare
derivative works of, display, perform and transmit such User Submissions as
permitted through the functionality of the Website and/or the Service and
pursuant to these Terms of Service.
C. In
connection with User Submissions, you agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant tooner all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could damage tooner
or any third-party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise
inappropriate; (iv) post advertisements or solicitations of business; or (v)
impersonate another person. tooner does not endorse any User Submissions or any
opinion, recommendation, or advice expressed therein, and tooner expressly
disclaims any and all liability in connection with User Submissions. tooner
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website or the Service, and tooner will
remove all Content and User Submissions if properly notified that such Content
or User Submission infringes another's intellectual property rights. tooner
reserves the right to remove Content and User Submissions without prior notice.
tooner also reserves the right to terminate a User's access to its Website and
Service, if they are determined to be a repeat infringer. A repeat infringer is
a user who has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Website and/or the Service more than
twice. tooner also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. tooner may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
D. In
particular, if you are a copyright owner or an agent thereof and believe that
any User Submitted Content or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by sending an email to support@tooner.tv.
E. You
understand that when using the Website and/or the Service, you will be exposed
to User Submissions from a variety of sources, and that tooner is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against tooner
with respect thereto, and agree to indemnify and hold tooner, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
F. tooner
permits you to link to materials on the Website and the Service only for your
personal, non-commercial use.
G. tooner
reserves the right to change, modify, add and/or discontinue any aspect of the
Website and/or the Service at any time. In addition, from time to time tooner
may establish or change practices and limits concerning use of the Website
and/or the Service, such as the maximum size or duration of any video or other
Content used on the Website or the Service, the maximum number of videos or
other Content that you may use on the Website or the Service, the maximum
storage space allocated to your account, and/or the maximum number of times or
maximum duration for which you may access the Website or the Service during a
specified time period.
6)
INDEMNITY
You agree to indemnify and
hold tooner and its subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you
submit, post, transmit, modify or otherwise make available through the tooner
Services, your use of the tooner Services, your connection to the tooner
Services, your violation of the TOS, or your violation of any rights of
another.
7)
TERMINATION
You may terminate your tooner
account, any associated email address and access to the tooner Services by
submitting such termination request to tooner.
You agree that tooner may, without
prior notice, immediately terminate, limit your access to or suspend your tooner
account, any associated email address, and access to the tooner Services. Cause
for such termination, limitation of access or suspension shall include, but not
be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b)requests by law enforcement or other government
agencies, (c) discontinuance or material modification to the tooner Services
(or any part thereof), (d) unexpected technical or security issues or problems,
(e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal
activities, and/or (g) nonpayment of any fees owed by you in connection with
the tooner Services. Further, you agree that all terminations, limitations of
access and suspensions for cause shall be made in tooner's sole discretion and
that tooner shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the tooner
Services.
Termination of your tooner
account includes any or all of the following: (a) removal of access to all or
part of the offerings within the tooner Services, (b) deletion of your password
and all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of all or part of
the tooner Services.
8)
DEALINGS
WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the tooner Services, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that tooner shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the tooner Services.
9)
LINKS
The tooner Services may
provide, or third parties may provide, links to other World Wide Web sites or
resources. You acknowledge and agree that tooner is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that tooner shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
10)
TOONER'S
PROPRIETARY RIGHTS
You acknowledge and agree
that the tooner Services and any necessary software used in connection with the
tooner Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in
advertisements or information presented to you through the tooner Services or
by advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly permitted by
applicable law or as authorized by tooner or the applicable licensor (such as
an advertiser), you agree not to modify, rent, lease, loan, sell, distribute,
transmit, broadcast, publicly perform or create derivative works based on the tooner
Services, such Content or the Software, in whole or in part.
tooner grants you a
personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work from,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the tooner
Services. You agree not to access the tooner Services by any means other than
through the interface that is provided by tooner for use in accessing the tooner
Services.
11)
DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
YOUR USE OF THE TOONER SERVICES
AND SOFTWARE ARE AT YOUR SOLE RISK. THE TOONER SERVICES AND SOFTWARE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOONER AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOONER AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE TOONER SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) THE TOONER SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOONER
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE TOONER SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE TOONER SERVICES OR SOFTWARE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE,
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOONER OR THROUGH OR FROM THE TOONER
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TOONER SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TOONER
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TOONER SERVICES AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TOONER
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
12)
LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT TOONER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TOONER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TOONER
SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TOONER SERVICE; OR (e) ANY
OTHER MATTER RELATING TO THE TOONER SERVICE.
13)
EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO 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 OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14)
NO
THIRD-PARTY BENEFICIARIES
You agree that, except as
otherwise expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
15)
NOTICE
tooner may provide you with
notices, including those regarding changes to the TOS, including by but not
limited to email, regular mail, SMS, MMS, text message, postings on the tooner
Services, or other reasonable means now known or hereafter developed. Such
notices may not be received if you violate this TOS by accessing the tooner
Services in an unauthorized manner. Your agreement to this TOS constitutes your
agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed the tooner Services in an authorized
manner.
16)
TRADEMARK
INFORMATION
You agree that all of tooner's
trademarks, trade names, service marks and other tooner logos and brand
features, and product and service names are trademarks and the property of tooner
Inc. (the "tooner Marks"). Without tooner's prior permission, you
agree not to display or use in any manner the tooner Marks.
17)
GENERAL
INFORMATION
Entire Agreement. The
TOS constitutes the entire agreement between you and tooner and governs your
use of the tooner Services, superseding any prior version of this TOS between
you and tooner with respect to the tooner Services. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other tooner services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. You
and tooner each agree that the TOS and the relationship between the parties
shall be governed by the laws of the State of Florida without regard to its
conflict of law provisions and that any and all claims, causes of action or
disputes (regardless of theory) arising out of or relating to the TOS, or the
relationship between you and tooner, shall be brought exclusively in the courts
located in Collier County, Florida. You and tooner agree to submit to the
personal jurisdiction of the courts located within Collier County, Florida, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
Waiver and Severability of
Terms.
The failure of tooner to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
No Right of Survivorship and
Non-Transferability. You agree that your tooner account is
non-transferable and any rights to your tooner ID or contents within your
account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the tooner Services or the TOS
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
The section titles in the
TOS are for convenience only and have no legal or contractual effect.
18)
VIOLATIONS
Please report any violations
of the TOS to support@tooner.tv.
Last updated March 30, 2010
