Terms & Condition Toonist
By accessing or using ‘Toonist’, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using ‘Toonist’. If you cannot accept this Agreement, you may not access or use Toonist.
In this Agreement, Toonist, the Toonist Service, all services related to it, including all text, images, photographs, user interface, look and feel, data and other content (including the selection, coordination and arrangement of such content) are referred to as the “App” or “Service.”
Toonist reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Service. A User’s continued access of this App shall be deemed acceptance of the modified agreement.
1. Services Generally.
The Service is an online offering where individuals or entities (“User” or collectively, “Users”) can design and/or create a quotes, poster, banner, photo, logo and/or business cards using materials and tools provided by Toonist. Users agree that Toonist is responsible for providing this service, and that Toonist is not responsible for providing any other services or tasks not specifically outlined in these Terms.
Users must purchase in-app items to use the all graphics, artworks, symbols and designs (and associated materials) in our Service to create the quotes, poster or any designs. Toonist retains the copyrights and all associated rights to the original symbols, but the non-exclusive license allows Users to use and display that graphics & artworks in the customized poster and banner. The artworks (and other materials) used in any preliminary design that are not contained in the final version of the design remain the property of Toonist. Under this license, Users cannot sell, assign, or transfer rights to the graphics, but any trademark rights developed in the customized designs will be owned by the User.
2. Responsibility for Content
Toonist shall not be responsible for any use that is or is not made of the App. Toonist makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the App. Toonist does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he creates a designs at his own risk and that he is responsible for taking any actions necessary to determine whether its use will infringe any third party intellectual property, privacy, or publicity right. User agrees to be solely responsible for the accuracy of the content of any design created for User by Toonist.
3. Rights to Use.
(a) User Information
For any information or media provided by User in connection with use of the Service (collectively, the “User Information”), Toonist has all rights necessary to use the User Information to provide the Service.
Upon submission of User Information to the Service, User grants Toonist a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, moral right, perform, display, and/or incorporate in other works, in any form, media, or technology now known or later developed for the full term of any intellectual property rights that may exist in such User Information to the extent necessary to provide the Service.
(c) User Ownership
Subject to Users compliance with this Agreement, User shall own the customized design created by the Service (there is no guarantee the graphic has not been used previously). User shall not, however, own any materials, media or other content generated during the process of creating that design or by using Toonist. User grants to Toonist the right to use any such material (other than the customized) for internal and archival purposes. Users also grant Toonist the right to utilize the customized design in connection with advertising, marketing and promotional materials. Toonist shall retain sole title to and ownership of all designs created or otherwise used in connection with the production of User’s design (poster,banner or quotes).
(d) Toonist Ownership
The contents of this App, including the user interface, text, graphics, artworks, icons, free graphics, images, data compilations, the selection and format thereof, as well as the underlying software and databases are the property of Toonist and are protected by international copyright and trademark laws.
- (1) Intellectual Property
Toonist owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the App to the fullest extent provided under international law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Toonist without the written consent of Toonist.
- (2) Trademarks
User acknowledges that no trade or service marks are being conveyed under this Agreement. User acknowledges that Toonist has no obligation or duty to perform trade or service mark searches to validate the propriety or legality of the customized design. Accordingly, Toonist encourages Users to perform their own independent searches. User acknowledges that Toonist shall have no responsibility to assist User in seeking provinical or federal intellectual property protection (i.e., trademark registration). Toonist shall not be responsible to assist User to perfect the Users rights.
4. Disclaimers; Limitations of Liability.
(a) Release from Claims
The Service serves as a venue for the creation of designs. Toonist does not screen or censor any information or material posted to the Web. Although Toonist makes reasonable efforts to determine the identity of Users, Toonist does not confirm the specific identity of any User. Accordingly, if a User has a dispute with another User, Users release Toonist from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
(b) Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS.” Toonist MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE APP, INCLUDING ANY USER IDENTITY OR LINKED CONTENT. Toonist DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. Toonist SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE APP, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE APP, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Toonist OR ANY THIRD PARTY. FURTHER, Toonist DOES NOT WARRANT THAT THE APP WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
(c) Limitation of Liability
NEITHER Toonist NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE APP OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
(d) Exclusion of Consequential Damages
IN NO EVENT SHALL Toonist OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE APP OR ANY OTHER CONTENT, EVEN IF Toonist OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Users agree to defend, indemnify and hold harmless Toonist and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.