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Terms Of Use

TERMS OF USE

1. INTRODUCTION

Welcome to ToonGoggles.com, which is operated and presented to viewers and users by Toon Goggles, Inc. of Reno, NV USA. These Terms of Use (“Terms of Use” or “Terms”) apply to ToonGoggles.com and any other website, mobile application, or other online service operated by Toon Goggles, Inc. that post a link to these Terms (collectively, the “Site”), Toon Goggles, Inc. is referred to in these Terms of Use as “ToonGoggles," "we,” or "us.

ToonGoggles provides an online video and gaming service offering a selection of cartoons, shows, movies, clips, games and other content (collectively, the "Content"). Our Site, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by ToonGoggles in connection with its services, however accessed, are referred to collectively as the "ToonGoggles Services.”

The Content is available for viewing on or through the Site and ToonGoggles authorized applications, features and devices (collectively, the "Properties").

Use of the ToonGoggles Services (including access to the Content) is subject to compliance with these Terms of Use. Please take a moment to carefully read through these Terms. To access and enjoy the ToonGoggles Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. If you are under the legal age of majority in your state or jurisdiction of residence, you may only use the Site with the permission of your parent or legal guardian. BY VISITING THE TOONGOGGLES SITE OR USING ANY OF THE TOONGOGGLES SERVICES (INCLUDING ACCESSING ANY CONTENT), YOU ARE AGREEING TO THESE TERMS. Additionally, you are representing that you are the age of majority or, if you are under the age of majority, that your parent or legal guardian has reviewed these Terms and accepts them on your behalf. If you have any questions or comments about these Terms, please contact us at: info@toongoggles.com.

When using particular ToonGoggles Services or features of the Site, including any ToonGoggles mobile applications, both these Terms and a separate terms document or end-user license agreement may apply to your use of that feature or service ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Certain ToonGoggles Services are provided to you free-of-charge. There are some other ToonGoggles Services that, if you are interested in accessing, will require payment by you. The ToonGoggles Services that may be accessed after payment are referred to currently as "ToonGoggles Premium." There is certain information in these Terms that relate only to ToonGoggles Premium and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to ToonGoggles Premium, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms. (Please note that references to "ToonGoggles Services" throughout this Terms of Use include ToonGoggles Premium). If you are not a subscriber of ToonGoggles Premium, then Section 4 does not apply to you.

2. CHANGES TO THE TERMS OF USE BY TOONGOGGLES

ToonGoggles may amend these Terms of Use at any time by posting the amended Terms of Use on the ToonGoggles Site (“Updated Terms”). The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward. Your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify in the Updated Terms) constitutes your agreement to the Updated Terms.

3. ACCESS AND USE OF THE TOONGOGGLES SERVICES

ToonGoggles owns and retains all rights to the ToonGoggles Services. Content you access and view as part of the ToonGoggles Services is owned or controlled by ToonGoggles and ToonGoggles’ licensors. The ToonGoggles Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Subject to your strict compliance with these Terms, ToonGoggles hereby grants you a non-exclusive, limited, revocable, non-assignable, non-transferable license to use the ToonGoggles Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, solely for personal, non-commercial purposes as set forth in these Terms.

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access-control measure associated with the Content, including geo-filtering mechanisms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by ToonGoggles in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ToonGoggles in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by ToonGoggles. The Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by ToonGoggles in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player.

Additionally, you may not do any of the following:

-use the ToonGoggles Service in any manner that interferes with the normal function of the ToonGoggles Service or normal access to the Service of other users, including by utilizing a disproportionately large percentage of the capacity of the ToonGoggles Service;
-access or attempt to access other users’ accounts through password mining or any other means;
-use any unauthorized means to modify, reroute, or gain access to the ToonGoggles Service;
-interact with the ToonGoggles Service in a way intended to sidestep or otherwise nullify any restriction or limitation that we have placed on the use of the ToonGoggles Service by you or others, or to improperly avoid incurring fees payable to us or others;
-damage, disable, overburden, or impair the ToonGoggles Service, including by uploading or transmitting to any element of the ToonGoggles Service or to any servers, computer or networks connected to or accessible via the Service, any malicious code, virus, Trojan horses, worm, time bombs, or other computer programming routines that may initiate a denial of service attack or otherwise attempt to interfere with or disrupt the normal operation of any element of the ToonGoggles Service; or
-corrupt, damage, steal, or access or use without authorization, any information stored, processed or transmitted by the Service or any servers, computer or networks connected to or accessible via the Service.

If ToonGoggles determines in its sole discretion that you are violating any of these Terms, we may (i) close your account, notify you, and demand that you immediately cease use of the ToonGoggles Service and/or (ii) use technical measures to block or restrict your access or use of the ToonGoggles Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the ToonGoggles Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

We may, in our sole and absolute discretion, change, suspend, or discontinue - temporarily or permanently - some or all of the ToonGoggles Services (including access to some or all of the Content and any mobile applications or devices through which the ToonGoggles Services may be accessed), with respect to any or all users, at any time without notice. You agree that ToonGoggles will not be liable to you for any modification, suspension, or discontinuance of the ToonGoggles Services, although if you are a ToonGoggles Premium subscriber and ToonGoggles suspends or discontinues the ToonGoggles Premium service, ToonGoggles may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if ToonGoggles terminates your account or suspends or discontinues your access to ToonGoggles Services due to your nonpayment or violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

You are responsible for any costs you incur to access the internet.

4. TOONGOGGLES PREMIUM SUBSCRIPTIONS AND BILLING

You may obtain a ToonGoggles Premium subscription through: (i) the website located at www.toongoggles.com (described in Section A below), or (ii) through a specific device application (such as, by way of example, through an iPad, an iPhone or an Android device (described in Section B below).

You agree that your ToonGoggles Premium subscription is for individual use only and your ToonGoggles Premium subscription is limited to five (5) devices. Additionally, you agree that for various reasons, certain Content that may be accessible through one Property may not be accessible through other Properties

Because the ToonGoggles Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use begins at 12:00 a.m. Pacific Time and ends at 11:59 p.m. Pacific Time of that same calendar day.

A. Premium Subscription through Toon Goggles Website

If you obtain your Toon Goggles Premium subscription through the Toon Goggles website, by providing a credit card or other payment method accepted by ToonGoggles (“Payment Method”) for your Premium subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of ToonGoggles Premium to the Payment Method. If you want to use a different Payment Method than the one you provided during registration, or if there is a change in your credit card validity or expiration date, please contact our customer service department by visiting our customer service web page at http://www.toongoggles.com/contact. If your Payment Method expires and you do not notify us of a change in your Payment Method information or cancel your account, will no longer be able to access those Toon Goggles Services that are only provided to Toon Goggles Premium subscribers.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee and any applicable taxes will be billed to your then-current Payment Method at the expiration of your free trial period, if any, and on each monthly renewal thereafter unless and until you cancel your ToonGoggles Premium subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. If you are not eligible for, or are not offered, a free trial period, the subscription fee and any applicable taxes will be billed to your then-current Payment Method immediately upon your registration for a ToonGoggles Premium subscription.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. If ToonGoggles changes the subscription fee or other charges for ToonGoggles Premium from time to time, we will give you advance notice of these changes by email to the address then associated with your account. However, we will not be able to notify you of changes in any applicable taxes.

Your ToonGoggles Premium subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period; this means that you will have continued access to ToonGoggles Premium for the remainder of that period, but you will not receive a refund. If you cancel your subscription, you will still have access to those ToonGoggles Services that do not require payment.

We reserve the right to pursue any amounts you fail to pay in connection with ToonGoggles Premium. You will remain liable to ToonGoggles for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from ToonGoggles that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel ToonGoggles Premium prior to the last day of your free trial period. You can cancel your subscription by contacting our customer service department by visiting our customer service web page at http://www.toongoggles.com/contact.  As described above, we will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. To the extent ToonGoggles Premium subscriptions are offered in conjunction with purchases of, or payment for, third-party products or services, you agree that ToonGoggles will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services.

B.  Premium Subscription Via Device Applications

If you obtain your ToonGoggles Premium subscription through a specific device application, Additional Terms will apply to such subscription.  For example, if you subscribe to ToonGoggles Premium through an iPhone or an iPad, the Additional Terms located at www.apple.com/legal/internet-services/itunes/us/terms.html will apply to such subscription including, but not limited to, the following terms:

-Payment for such subscription will be charged to your iTunes Account at confirmation of your subscription.
-Your subscription may be managed by going to your iTunes Account Settings.
-Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
-Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period.
-No cancellation of the current subscription is allowed during the active subscription period.
-Any unused portion of a free trial period, if offered, will be forfeited when you initiate a subscription.

 

5. ACCOUNTS AND REGISTRATION

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms of Use and you agree to be responsible for their activity using the ToonGoggles Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any ToonGoggles representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.

You may terminate your account by contacting our customer service department by visiting our customer service web page at http://www.toongoggles.com/contact. Please note, if you are a ToonGoggles Premium subscriber, and you terminate your account, such termination will automatically terminate your Premium subscription.

We reserve the right to immediately terminate or restrict your account or your use of the ToonGoggles Services or access to Content at any time, without notice or liability, if ToonGoggles suspects or determines, in its sole discretion, that you have breached these Terms of Use; violated any law, rule, or regulation; engaged in other inappropriate conduct; or for any other reason.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about ToonGoggles' policies and practices regarding the collection and use of your personally identifiable information, please read ToonGoggles' Privacy Policy available at www.ToonGoggles.com/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the ToonGoggles Site and use of the ToonGoggles Services on any of the Properties are governed by the ToonGoggles Privacy Policy in effect at the time of your use.

7. USER MATERIAL

As part of the ToonGoggles Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") videos, audio-visual works, reviews, comments, or other materials (collectively, "User Material").

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant ToonGoggles the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. ToonGoggles will remove all User Material if we are properly notified that such User Material infringes on another person's rights pursuant to Section 12. You acknowledge that ToonGoggles does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights you may have in such material to ToonGoggles. After Posting your User Material, you continue to retain all of the same ownership rights you may have had prior to Posting. By Posting your User Material, you grant ToonGoggles a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the ToonGoggles Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to ToonGoggles is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to ToonGoggles), fully-paid, royalty-free (meaning that ToonGoggles is not required to pay you for the use of your User Material), and sublicensable (so that ToonGoggles is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the ToonGoggles Services). By Posting your User Material, you also hereby grant each user of the ToonGoggles Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the ToonGoggles Services and under these Terms of Use.

You agree to the following restrictions in connection with Posting User Material:

-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 User Material (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 or contractual rights or such party’s right of privacy or publicity, or any confidentiality obligations you may owe to such party;
-distributes another's personal information of any kind without their express permission;
-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 or the ToonGoggles Services;
-does not pertain to the designated topic or theme of the activity, 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;
-refers to any website or URL that, in the sole discretion of Toon Goggles, Inc., contains material that is inappropriate for the Site, contains content that would be prohibited on the Site, or violates the letter or spirit of these Terms; and/or
-is otherwise inappropriate for children.

 

Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. ToonGoggles does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of ToonGoggles. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does ToonGoggles assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against ToonGoggles with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. Please email info@toongoggles.com (subject line: "Inappropriate User Material").

8. LINKED DESTINATIONS AND ADVERTISING

If we provide links or pointers to other websites or destinations, you should not infer or assume that ToonGoggles operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the ToonGoggles Services, we may not warn you that you have left the ToonGoggles Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the ToonGoggles Services and reached another party’s website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

ToonGoggles is not responsible for the content or practices of any website or destination other than the ToonGoggles Site, even if it links to the ToonGoggles Site and even if the website or destination is operated by a company affiliated or otherwise connected with ToonGoggles. By using the ToonGoggles Services, you acknowledge and agree that ToonGoggles is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the ToonGoggles Site.

ToonGoggles takes no responsibility for advertisements or any third-party material posted anywhere on the ToonGoggles Service, or the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the ToonGoggles Services are between you and the advertiser, and you agree that ToonGoggles is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

ToonGoggles, the ToonGoggles logo, www.ToonGoggles.com, and other ToonGoggles marks, graphics, logos, scripts, and sounds are trademarks of ToonGoggles. None of the ToonGoggles trademarks may be copied, reproduced, downloaded, or otherwise exploited without ToonGoggles’ express written consent.

10. UNSOLICITED SUBMISSIONS

It is ToonGoggles's policy not to accept unsolicited submissions, including scripts, story lines, articles, characters, drawings, information, suggestions, ideas, or concepts. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.  Accordingly, Toon Goggles does not accept unsolicited materials or ideas.  However, if you do submit unsolicited submissions despite this request, you agree that all such submissions are “User Materials” and that you grant us the license set forth in Section 7.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE TOONGOGGLES SERVICES, YOU AGREE THAT USE OF THE TOONGOGGLES SERVICES IS AT YOUR OWN RISK. THE TOONGOGGLES SERVICES, INCLUDING THE TOONGOGGLES SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOONGOGGLES DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE TOONGOGGLES SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL TOONGOGGLES OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "TOONGOGGLES PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE TOONGOGGLES SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TOONGOGGLES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOONGOGGLES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO TOONGOGGLES, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE TOONGOGGLES SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOONGOGGLES PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR USE OF THE TOONGOGGLES SERVICES (INCLUDING YOUR USE OF THE CONTENT), OR ANY USER MATERIAL SUBMITTED USING YOUR TOONGOGGLES ACCOUNT, WHETHER OR NOT SUCH USER MATERIAL IS SUBMITTED BY YOU. TOONGOGGLES RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), ToonGoggles has a designated agent for receiving notices of copyright infringement and ToonGoggles follows the notice-and-take-down procedures of the DMCA. If you believe that any Content, User Material, or other material provided through the ToonGoggles Services, including through a link, infringes your copyright, you should notify ToonGoggles of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that ToonGoggles receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be mailed, emailed or faxed to (subject line: "DMCA Takedown Request"):  

Toon Goggles, Inc.
Attn: Paul S. Levine
20251 Ventura Blvd. Ste. B
Woodland Hills, CA 91364
Facsimile:  (310) 450-0181
Email:  paul@paulslevine.com

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ToonGoggles Services that is reasonably sufficient to enable ToonGoggles to identify and locate the material (e.g., the URL of the allegedly infringing material); (iv) how ToonGoggles can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

If you believe that any Content, User Materials, or other materials provided through the ToonGoggles Service violates your rights other than copyrights, please send a notification to the contact information above (subject line: “Non-Copyright IP Infringement”) and provide at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

ToonGoggles has a policy of terminating repeat infringers in appropriate circumstances.

13. LINKING POLICY

ToonGoggles grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with ToonGoggles or its products or services, any ToonGoggles Court property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with ToonGoggles; (c) must not frame or create a browser or border environment around any of the Content or otherwise mirror any part of the ToonGoggles Services; (d) must not use any ToonGoggles trademarks without the prior written permission from ToonGoggles; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ToonGoggles’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in ToonGoggles’ sole discretion). If you do link to the Site, the link must be in plain text, unless otherwise pre-approved in writing by ToonGoggles. ToonGoggles reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the ToonGoggles Services or these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, ToonGoggles reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

14. GENERAL INFORMATION

We are a company based in the United States. ToonGoggles's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where ToonGoggles does not have rights or does not offer services is prohibited.

Software and the transmission of applicable technical data, if any, in connection with the ToonGoggles Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

15.  ARBITRATION NOTICE:  EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TOON GOGGLES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

 Except for disputes relating to the infringement or misappropriation of your or Toon Goggle’s intellectual property (including but not limited to trademarks, trade dress, copyrights, patents and trade secrets) or disputes in which Toon Goggles is seeking an injunction (“Excluded Disputes”), you agree that all disputes between you and Toon Goggles (whether or not such dispute involves a third party) with regard to your relationship with Toon Goggles, including without limitation disputes related to these Terms of Use or your use of the Service, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Toon Goggles hereby expressly waive trial by jury. Neither you nor Toon Goggles will participate in a class action or class-wide arbitration for any claims covered by this agreement. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. Rather than force everyone to visit us in Los Angeles, if you can demonstrate that arbitration in Los Angeles would create an undue burden to you, you are free to initiate the arbitration in your home city. Otherwise, the arbitration hearings will be held in Los Angeles County, California.  As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.

This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Toon Goggles or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. The decision of the arbitrator will be final and binding except as provided in the Federal Arbitration Act. You understand and agree that all aspects of the arbitration proceeding and the award, including the hearing, except as may be necessary in connection with a court application for a preliminary or permanent injunction, or unless otherwise required by law or judicial decision, shall be confidential. You understand and agree that any provision of applicable law notwithstanding, the arbitrator will not have authority to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If any portion of this Section is found to be invalid, illegal or unenforceable, for any reason, that portion shall be severed from the rest and shall not affect the agreement to resolve all controversies and claims through arbitration.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Toon Goggles for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Toon Goggles, 20251 Ventura Blvd. Ste. B, Woodland Hills, CA 91364   Attn: Dispute Resolution.

16.  GOVERNING LAW: 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of an Excluded Dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California. 

 

Please note that these Terms of Use, including ToonGoggles Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and ToonGoggles and govern your use of the ToonGoggles Services (including your use of the Content) (but excludes any services, if any, that ToonGoggles may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and ToonGoggles in relation to the ToonGoggles Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by ToonGoggles. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized representative of ToonGoggles. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You acknowledge that these Terms of Use are concluded between you and ToonGoggles only, and not with any third party through which you may have obtained a Premium Subscription (as described in Paragraph 4B above) (a “Third Party”). You and ToonGoggles acknowledge and agree that the Third Party is a third party beneficiary of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, the Third Party will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

ToonGoggles is solely responsible for providing any maintenance and support services with respect to the ToonGoggles Services, as specified in these Terms of Use or as required under applicable law. You and ToonGoggles agree that the Third Party has no obligation whatsoever to furnish any maintenance and support services with respect to the ToonGoggles Services, or any updates thereto.

You and ToonGoggles acknowledge that in the event of any third party claim that the ToonGoggles Services infringes that third party's intellectual property rights, ToonGoggles, not the Third Party, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. ToonGoggles, not the Third Party, is responsible for addressing any claims of the end-user or any third party relating to the ToonGoggles Services, including, but not limited to: (i) product liability claims; (ii) any claim that the ToonGoggles Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

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