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


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