Welcome to ToonGoggles.com, which is operated and presented to viewers and users by Toon Goggles, Inc.of Reno, NV USA. ToonGoggles.com (the "Site") is operated by Toon Goggles, Inc., Inc., its employees and/or authorized agents and affiliates (collectively referred to herein as "Toon Goggles, Inc.","ToonGoggles", "we", "us", or "our").
ToonGoggles.com is a website which provides cartoon shows for viewing. Registered visitors to the site can provide feedback on the shows they view. As it is anticipated that many viewers will be children, Toon Goggles, Inc. uses its best efforts to be compliant with the Children's Online Privacy Protection Act (COPPA). Moreover, Toon Goggles, Inc. uses its best efforts to apply a rating to the Cartoon shows, including ratings in accordance with the TV Parental Guidelines. More information about these ratings can be found at www.tvguidelines.org.
We also reserve the right to suspend or end operations or access to the Site, or portions of the Site, when we deem it necessary. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITE, WHICH, IN ANY EVENT ARE TOON GOGGLES INC.' PROPERTY.
2. Use of Content
This Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity. Such personal use may not be transferred or assigned.
3. Proprietary Rights and Content on the Site
No material, including but not limited to, the characters, logos, graphics, illustrations, text, images, audio and video and no software, including but not limited to, images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the "Content") may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, unless the Content is in the public domain or you have obtained written permission and maintain all legal notices in tact as provided by Toon Goggles, Inc. Modification of the Content or use of the Content in whole or in part for any non-approved purpose is a violation of Toon Goggles, Inc. or such other sources' copyright, trademark and other proprietary rights. Except as otherwise agreed to, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any other way than as part of the Site, not even as part of a derivative work. This Site contains material that is derived in whole or in part from materials supplied by Toon Goggles, Inc., its licensors, and other approved sources, and is protected by U.S. and international copyright and trademark laws. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Site or analyze, decipher, "sniff", derive code from or attempt to analyze, decipher, sniff or derive code from any packet stream transmitted to or from the Site, whether encrypted or not, or permit any third party to do the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
In the event that we offer downloads of software on the Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by us or third party licensors for your limited, personal non-commercial home use only. We do not transfer title to such software to you.
Some services and activities on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's user name, password or other account information, or another person's name, likeness, voice, image or photograph. You acknowledge that you may not sublicense, transfer, sell, or assign your membership or account identification.
6. Rules of Conduct
You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You agree that you will not post or transmit any Submission or Content (even if made in a joking, sarcastic or unintended manner) that:
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person, is bigoted, hateful, or racially or otherwise offensive, is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or a conspiracy to commit any criminal activities;
infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary contractual rights or right of privacy, distributing another's personal information of any kind without their express permission, or any confidentiality obligations;
is commercial, business-related or advertises or offers to sell any products, services or solicits others, including solicitations for contributions or donations, whether or not for profit;
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Site;
does not pertain to the designated topic or theme of the activity or forum, including, but not limited to, being antisocial, disruptive or destructive including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet;
is otherwise inappropriate for children.
You must use the Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Site, including without limitation, collecting user names and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site are not permitted. This includes the unauthorized interception of the datastream coming from or going into the Site, as well as attempting to gain unauthorized access to the Site or exceeding your authorized access.
You may not include in your member profile your last name, social security number, telephone number or street address. You, or your parent/legal guardian if you are a minor, must be the email account holder for any email addresses that you list in your account information or subsequently provide with the Site.
You may not engage in advertising to, or solicitation of, other users through the Site to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to the users via the Site. In order to protect our users from such advertising or solicitation, Toon Goggles, Inc. reserves the right to restrict the number of messages or emails which a user may send to other users in any twenty-four hour period to a number which Toon Goggles, Inc. deems appropriate in its sole discretion.
You understand that Toon Goggles, Inc. has the right at all times to disclose any information, including the identity of the persons providing the information or materials on the Site, as necessary to satisfy any law, regulation or valid governmental request. In addition, we can, and you hereby expressly authorize us to, disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate with the investigation and/or resolution of possible crimes.
Please be advised that Submissions and Content posted in public areas of the Site do not necessarily reflect the views of Toon Goggles, Inc. Toon Goggles, Inc. reserves the right, but has no obligation, to monitor materials posted in public areas of the Site. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF MATERIALS YOU POST OR SUBMIT IN PUBLIC AREAS OF THE SITE AND IN YOUR PRIVATE MESSAGES. Please carefully select the type of information that you publicly disclose or share with others on the Site. You acknowledge and agree that Toon Goggles, Inc. is not responsible for the use of any personal information that you publicly disclose or share with others on the Site.
Your correspondence or business dealings with, or participation and promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
TOON GOGGLES, INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
You are solely responsible for your interactions with other users. Toon Goggles, Inc. reserves the right, but has no obligation, to monitor communications and any disputes between you and other users.
The appearance of websites or external hyperlinks on this Site does not constitute endorsement by Toon Goggles, Inc., its subsidiaries and affiliates of the opinions or views expressed by these linked websites, and Toon Goggles, Inc. does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the Content contained in the linked websites. Toon Goggles, Inc. nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these websites. To the extent that these websites collect personal information or postings from the end user, be advised that in no event shall Toon Goggles, Inc. assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these websites. Finally, Toon Goggles, Inc. will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or Content within these websites.
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE OR SERVICES LINKED TO FROM TOONGOGGLES.COM IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
8. Limitation of Liability
Toon Goggles, Inc. is not responsible for any incorrect or inaccurate materials or Content posted on the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site. Toon Goggles, Inc. is not responsible for the conduct, whether online or offline, of any users of the Site. Toon Goggles, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Under no circumstances will Toon Goggles, Inc. be responsible for any loss or damage including personal injury or death, resulting from anyone's use of the Site, any materials or Content posted on the Site or transmitted to members, or interactions between users of the Site, whether online or offline. Toon Goggles, Inc. cannot guarantee and does not promises any specific results from the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TOON GOGGLES, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE EVEN IF TOON GOGGLES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
9. Claims of Copyright Infringement
Toon Goggles, Inc. respects the rights of all copyright holders and in this regard, Toon Goggles, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of Subscribers and account holders who infringe the right of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Toon Goggles, Inc. copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification and location of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at the Site and their location;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Toon Goggles, Inc. to locate the material;
· Information reasonably sufficient to permit Toon Goggles, Inc. to contact the complaining party;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA, please contact:
Copyright Compliance Department
5190 Neil Rd, Suite 430
Reno, NV 89502
Upon receipt of this information from you that substantially complies with all the requirements above, we will investigate your claim and respond expeditiously. In appropriate circumstances as determined by us in our sole discretion, if we determine that the material cited by you constitutes a copyright infringement, we will remove or "take down" the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter notice" and "put back" provisions of the DMCA.
10. Jurisdiction and Venue
Unless otherwise specified, the material and content of the Site are presented solely for the purpose of entertaining and promoting programs, events, products and services available in the United States. The Site is controlled and operated by Toon Goggles, Inc. from its offices within the State of Nevada. The Site is intended for residents of the United States unless otherwise noted. Residents outside the United States understand and consent that the data submitted on the Site will be transmitted and processed within the United States.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat
infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole
discretion, and you may be reported to appropriate law enforcement agencies.