www.toonyou.com is a service of Contentinuum P.L.C. ("Contentinuum," "we," or "us") which offers an online Video customization platform and community through the www.toonyou.com website and other Contentinuum-operated sites (collectively, the "Contentinuum Site") and related mobile and online services (collectively the Contentinuum Site and the "Contentinuum Service"). By registering as a member or by using the Contentinuum Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Contentinuum. If you do not wish to be bound by this Agreement, do not use the Contentinuum Service.
2. License to Use the Contentinuum Service
LICENSE: Contentinuum grants you a limited, non-exclusive license to access and use the Contentinuum Service for your own personal, non-commercial purposes. This includes the right to view content available on the Contentinuum Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Contentinuum in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Contentinuum Service. Nor will you take any measures to interfere with or damage the Contentinuum Service. All rights not expressly granted by Contentinuum are reserved.
MOBILE APP: Your use of the Contentinuum Service through one of our mobile applications is also subject to our Mobile App Addendum.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Contentinuum Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Contentinuum and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you are using a computer that others have access to, you must log out of your account after using the Contentinuum Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
CONTENTINUUM SUBSCRIPTION SERVICES: We offer several subscription services. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on features and packages. All fees may be subject to taxes.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Contentinuum reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a subscription ends, Contentinuum may disable access to or delete any content. When a custom subscription ends.
OTHER PURCHASES: Purchases of other products and services through the Contentinuum Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Contentinuum Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Contentinuum may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Contentinuum determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Contentinuum's reputation and goodwill. If Contentinuum deletes your account for the foregoing reasons, you may not re-register for the Contentinuum Service. Contentinuum may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Contentinuum will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Contentinuum shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content, features and functionality are and will remain the exclusive property of Contentinuum and its licensors. The Service is protected by copyright, trademark, and other laws of Belgium, the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Contentinuum.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Contentinuum
Contentinuum has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Contentinuum 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Contentinuum and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation of Liability
In no event shall Contentinuum, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Contentinuum its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Belgium.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us. Contact at toonyou.com