General Terms and Conditions

 

  1. ACCEPTANCE OF TERMS

toonsUp welcomes you!
toonsUp provides you with the offered services based on the following General Terms and Conditions ("GTC"). If you use the services of toonsUp, you accept the validity of these GTC. We may update the GTC from time to time without notice to you. You can review the most current version of the GTC at any time here. You must not use the services of toonsUp without agreeing to these GTC.

  1. DESCRIPTION OF SERVICE

toonsUp provides users access to various communications tools, forums, search services, presenting and commenting artworks and personalized content which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from toonsUp, such as service announcements, administrative messages and the toonsUp Newsletter, that you can configure to receive or not. The administrators may conGTCt you any time by email. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new toonsUp properties, shall be subject to the GTC. You understand and agree that the Service is provided "AS-IS" and that toonsUp assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service, 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 Service.

Please be aware that toonsUp has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

  1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Germany or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or toonsUp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, toonsUp has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  1. PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. toonsUp is allowed to conGTCt me on important occasions.

  1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify toonsUp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. toonsUp cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  1. USAGE FOR PERSONS UNDER AGE

toonsUp is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a toonsUp Family Account. When you create a toonsUp Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the toonsUp Family Account. By adding a child to your toonsUp Family Account, you also give your child permission to access many areas of the Service, including, email, message boards and instant messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.

  1. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not toonsUp, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. toonsUp does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will toonsUp be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

    1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. harm minors in any way;

    3. impersonate any person or entity, including, but not limited to, a toonsUp official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    11. violate national or international legal provisions in connection with a Service;

    12. harass, threaten, defame, distress, embarrass or otherwise cause inconvenience to anyone, whether a natural person, a legal entity or a group of persons;

    13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that toonsUp may or may not pre-screen content, but that toonsUp and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, toonsUp and its designees shall have the right to remove any content that violates the GTC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by toonsUp or submitted to toonsUp, including without limitation information in toonsUp Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that toonsUp may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of toonsUp, its users and the public.

You understand that the technical processing and transmission of the Service, 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.

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from germany or the country in which you reside.

  1. RIGHTS TO PUBLISHED CONTENT

toonsUp does not claim any rights to the content you publish on toonsUp. After providing or publishing your content via the toonsUp services, you retain all rights to such content and you may continue to freely dispose of your content.

  1. For the purposes of these GTC, "publicly accessible areas" are those services that are accessible to the general public.

  2. If you enter Content for publication in a Publicly Accessible Area or if you enter Content consisting of photographs or graphics for publication in any other Publicly Accessible Area of the Services, you thereby grant to toonsUp the royalty-free, non-exclusive right to publish such Content (in whole or in part) worldwide on this Platform, and to modify or adapt it if necessary. This right is only valid as long as you want to publish the content in the respective service and expires as soon as you remove the content from the service.

  3. With respect to all other Content that you submit for publication in a publicly accessible area of the Service (i.e., in particular, comments, contributions and other information), you thereby grant to toonsUp the royalty-free, perpetual, irrevocable and non-exclusive right, including the right to grant sublicenses, to use such Content (in whole or in part) worldwide, to reproduce, modify, adapt, publish, translate, edit, distribute, perform, display and/or incorporate such Content in other works, media or technology, whether now known or yet to be developed, in any form whatsoever, for the full term of the rights subsisting in the Content.

  4. If you are not the owner of the rights to any Content you submit, you warrant that the owner of the Content has agreed to transfer the rights in accordance with the foregoing.

  1. INDEMNITY

You hereby agree to indemnify and hold toonsUp and its affiliates, subsidiaries, officers, agents, co-owners of trademarks or other business partners and employees, harmless from any claim or demand, made by any third party due to or arising out of content you submit, post or transmit through the services, your use of the services, your connection to the services, or your violation of these GTC or any rights of another. This also applies to reasonable attorneys' fees.

  1. No commercial use of the services

You may not copy, reproduce, imitate, sell, resell or exploit for any commercial purpose whatsoever the services or any part of it or its use or access to the services unless you have been expressly permitted to do so by toonsUp.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that toonsUp may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on toonsUp's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that toonsUp has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that toonsUp reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that toonsUp reserves the right to modify these general practices and limits from time to time.

  1. MODIFICATIONS TO SERVICE

toonsUp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that toonsUp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. TERMINATION

You agree that toonsUp may, under certain circumstances and without prior notice, immediately terminate your toonsUp account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the GTC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your toonsUp account includes (a) removal of access to all offerings within the Service, including but not limited to toonsUp Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (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 the Service. Further, you agree that all terminations for cause shall be made in toonsUp's sole discretion and that toonsUp shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

  1. DEALINGS WITH third parties/ ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 toonsUp 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 Service.

  1. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because toonsUp has no control over such sites and resources, you acknowledge and agree that toonsUp 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 toonsUp 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.

  1. toonsUp'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service 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 authorized by toonsUp or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

toonsUp 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 Service. You agree not to access the Service by any means other than through the interface that is provided by toonsUp for use in accessing the Service.



  1. DISCLAIMER OF WARRANTIES

  1. The use of the services is at your own risk. The services are offered in the design that toonsUp deems appropriate and subject to availability.

  2. toonsUp does not warrant that the services will meet your requirements or that the services will be uninterrupted, timely, secure or error-free at all times. toonsUp does not warrant the results that may be obtained from the use of the services, the accuracy or reliability of any information obtained through the services, or that the quality of any goods, services or information received in connection with the services will meet your expectations. toonsUp also does not warrant that the hardware and software used for the Services will operate error-free at all times or that any defects in the hardware or software will be corrected.

  3. Downloading or otherwise obtaining content in connection with the Services is at your own risk, and you are solely responsible for any damage to your computer system, or other technical equipment used for use, for loss of data, or for any other damages resulting from downloading content or other transactions in connection with the Services.

  4. Any advice or information you receive as part of the services, whether written or oral, does not create any warranty on the part of toonsUp unless expressly agreed.

  1. LIMITATION OF LIABILITY

toonsUp is not liable for the conduct of users or other third parties or for content or statements passed on by users or other third parties within the scope of the services. toonsUp is also not liable for damages resulting from the use or impossibility of use of the services. In particular, toonsUp shall not be liable for any costs of replacement or for any costs incurred in connection with any goods or services purchased, messages received or other transactions, or arising out of unauthorized access to or alteration of your input or data or otherwise in connection with the Services. toonsUp shall not be liable to you or to any other person for any damages arising out of the interruption, temporary suspension or termination of the Services. We expressly point out that the Services may contain content that is harmful to minors or otherwise objectionable. toonsUp is not liable for any damages resulting from access to such or other content (see also section 6 above).

The liability of toonsUp, if any, regardless of the above provisions for whatever legal reason, is limited in any case to damages caused by intentional or grossly negligent conduct or based on the breach of a fundamental obligation for the contractual relationship. For damages based on a negligent breach of non-essential contractual obligations or obligations in the context of contractual negotiations, liability for indirect damages and atypical consequential damages is excluded and otherwise limited in amount to the average damage typical for the contract. Any mandatory liability under the Produkthaftungsgesetz (“Product Liability Act”) shall remain unaffected.

  1. Conglomerate

The foregoing limitations of warranty and liability shall also apply in favor of companies affiliated with toonsUp and to their employees and agents.

  1. TERM OF EXCLUSION

Without limitation to any shorter statutory period, any claim arising out of or relating to use of the services or these GTC must be filed in a court of law within one (1) year after it arose or be forever precluded.

  1. Notifications

toonsUp may provide you with notices, including those regarding changes to the GTC, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

  1. TRADEMARK INFORMATION

You agree not to display or use in any manner the toonsUp Marks including all toonsUp-Logos and -Icons without toonsUp's prior permission.

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

toonsUp respects the intellectual property of others, and we ask our users to do the same. toonsUp may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide toonsUp's Copyright Agent the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    3. a description of where the material that you claim is infringing is located on the site;

    4. your address, telephone number, and email address;

    5. 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;

    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

toonsUp's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as described in the legal notice.

  1. Changes of GTC

toonsUp reserves the right to change or amend these GTC for the future. You will be notified separately of any changes or additions to these GTC. The amended or supplemented GTC will only apply if you use the services of toonsUp again after receiving the notice.

  1. GENERAL INFORMATION

  1. The disclaimer by toonsUp to exercise or enforce any right or provision of these GTC shall not constitute a waiver of such right or provision.

  2. Please note that additional terms may apply when you use connected services, third party content or third party software.

  1. Applicable law and place of jurisdiction

These GTC and the use of the services are governed by German law with the exception of its conflict of law provisions.

For disputes arising from or in connection with the use of the services and/or these GTC, the courts in Berlin shall have exclusive jurisdiction if you are a merchant or do not have a permanent residence in Germany, have moved your personal residence or habitual residence abroad after these GTC have become effective, or if your personal residence or habitual residence is unknown at the time the commencement of an action is brought.

  1. VIOLATIONS

Please report us any violations of the GTC. Although toonsUp is not obliged to react due to your inquery.

  1. severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

 

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