toonsUp - Terms and Conditions

Terms and Conditions




Deutsche Version

  1. ACCEPTANCE OF TERMS

    toonsUp welcomes you!

    toonsUp provides its service to you subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. You can review the most current version of the TAC at any time here.You must not use the services of toonsUp without agreeing to these TAC.

  2. 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 contact 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 TAC. 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.

  3. 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).

  4. 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 contact me on important occasions.

  5. 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.

  6. 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.

  7. 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. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the german government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

    13. "stalk" or otherwise harass another; and/or

    14. 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 TAC 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 TAC; (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.

  8. 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.

  9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

    toonsUp does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant toonsUp the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    1. With respect to Content you submit or make available for inclusion on publicly accessible areas of toonsUp Groups, the license to use, distribute, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific toonsUp Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or toonsUp removes such Content from the Service.

    2. With respect to Content other than photos, graphics you submit or make available for inclusion on publicly accessible areas of the Service other than toonsUp Groups (e.g. comments and other information), the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

  10. CONTRIBUTIONS TO toonsUp

    toonsUp does not claim any ownership rights in the content that you post to the toonsUp services. After posting your content to the toonsUp Services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose.
    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to toonsUp through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) toonsUp is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) toonsUp shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) toonsUp may have something similar to the Contributions already under consideration or in development; (e) you grant toonsUp the rights to use, modify, publicly perform, publicly display, reproduce and distribute such content solely on and through the toonsUp current and future services without any obligation of toonsUp to you; and (f) you are not entitled to any compensation or reimbursement of any kind from toonsUp under any circumstances.

  11. INDEMNITY

    You agree to indemnify and hold toonsUp and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.

  12. 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.

  13. 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.

  14. 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 TAC 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.

  15. DEALINGS WITH 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.

  16. 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.

  17. 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.

  18. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2. toonsUp AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM toonsUp OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  19. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT toonsUp AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF toonsUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  20. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

  21. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TAC, there shall be no third-party beneficiaries to this agreement.

  22. NOTICE

    toonsUp may provide you with notices, including those regarding changes to the TAC, 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.

  23. 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.

  24. 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.

  25. GENERAL INFORMATION

    Entire Agreement. The TAC constitutes the entire agreement between you and toonsUp and governs your use of the Service, superseding any prior agreements between you and toonsUp with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other toonsUp services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The TAC and the relationship between you and toonsUp shall be governed by the laws of the Country Germany without regard to its conflict of law provisions. You and toonsUp agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Berlin, Germany.

    Waiver and Severability of Terms. The failure of toonsUp to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your toonsUp account is non-transferable and any rights to your toonsUp ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TAC are for convenience only and have no legal or contractual effect.

  26. VIOLATIONS

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