1. Your Acceptance
BY USING OR VISITING THIS WEBSITE, OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY
YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"). These
Terms & Conditions apply to all users of the Website. If you do not agree to
2. Website Access
ToonGally.com hereby grants you permission to use the Website, provided that: (i)
your use of the Website is solely for your personal, noncommercial use; (ii) you
will not copy, distribute or modify any part of the Website without ToonGally.com
permission; (iii) you will not send unsolicited or unauthorized advertisements,
spam, chain letters, etc., (iv) you will not transmit any Content which contains
software viruses, or other harmful computer code, files or programs; (v) you will
not disrupt servers or networks connected to the Website; and (vi) you comply with
these Terms & Conditions.
In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. ToonGally.com will not be liable for your losses caused by any unauthorized
use of your account.
You agree not to use any automated system, including without limitation, "robots,"
"spiders," and "offline readers," that accesses the Website in a manner that sends
more request messages to the ToonGally.com servers in a given period of time than
a human can reasonably produce in the same period by using a conventional on-line
ToonGally.com has the right to terminate your access to the Website, in its sole
discretion, immediately and with or without cause.
3. Intellectual Property Rights
The content on the Website, including all User Submissions, including the text, software,
scripts, graphics, photos, sounds, music, videos and the trademarks are owned by
ToonGally.com. Content on the Website is provided to you "AS IS" for your information
and personal use only and may not be used, copied, distributed, transmitted, broadcast,
displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited
for any other purposes whatsoever without ToonGally.com prior written consent. ToonGally.com
reserves all rights not expressly granted in and to the Website. If you download
or print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein.
4. User Submissions
The Website facilitates the submission of videos or other Content by you and publishing
of such User Submissions. You understand that whether or not such User Submissions
are published, ToonGally.com does not guarantee any confidentiality with respect
to any User Submissions. ToonGally.com has complete discretion whether to accept
or reject your User Submission.
You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them.
You retain all of your ownership rights to your User Submissions, however, by making
the submissions to ToonGally.com.
You agree that you will not: (i) submit material that is copyrighted (ii) publish
falsehoods or misrepresentations that could damage ToonGally.com or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; or (iv) mis-identify yourself in
submitting the User Submission or mis-state your true identity.
5. Copyright and Content Policy
ToonGally.com does NOT host any of the video content available for viewing/entertainment purposes. In the case of a DCMA claim, the hosting site should be contacted by the appropriate personnel for the removal of said content in accordance with all applicable laws.
Notwithstanding the above statement, ToonGally.com respects the intellectual property rights of others, and requests
its' users do the same. ToonGally.com does not permit copyright infringing activities
and infringement of intellectual property rights on its Website by users through their personal submissions. ToonGally.com
will remove all Content if properly notified that such Content infringes on another's
intellectual property rights. ToonGally.com reserves the right to remove Content
without prior notice. ToonGally.com will also terminate a User's access to the Website,
if they are determined to be a repeat infringer.
In any event, ToonGally.com will exercise reasonable effort to ensure appropriate attribution is made clearly and publicly.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, ToonGally.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. ToonGally.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR
ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE
RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT ON OR VIA THE WEBSITE. ToonGally.com DOES NOT WARRANT, ENDORSE
OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND ToonGally.COM
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
IN NO EVENT SHALL ToonGally.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES
THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ToonGally.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ToonGally.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal parental
or guardian consent to enter into these Terms & Conditions, and to comply with
the Website is not intended for children under 13. If you are under 13 years of
age, then please do not use the Website-there are lots of other great web sites
for you. Talk to your parents about what sites are appropriate for you.