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Policies

Terms of Service


Last updated: December 23, 2017

GENERAL

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.tomokotech.com website (the “Service”) operated by Toonari, LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Toonari, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Toonari, LLC customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Toonari, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Toonari, LLC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Toonari, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FEE CHANGES

Toonari, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Toonari, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Toonari, LLC has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service is used with permission of Toonari, LLC. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

ACCOUNTS

When you create an account with us, you verify and guaranty that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Toonari, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Toonari, LLC.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Toonari, LLC. Toonari, LLC 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 Toonari, LLC 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.

USAGE LIMITATIONS

Services may be subject to other limitations. For example, limits on disk storage space and on the number of calls you are permitted to make against our application programming interface. Any such limitations are specified in the Terms of Service. The Services provide real-time information to enable you to monitor your compliance with such limitations.

TERMINATION

We may terminate or suspend your account and bar 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. If you wish to terminate your account, you may simply discontinue using the Service. 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.

RETURN OF YOUR DATA

Upon request by you made within 30 days after the effective date of termination of Services and upon payment to us of the applicable data export fee based on the number of Gigabytes of the data to be exported, we will make available to you for download a file of your Content in their native format along with attachments in their native format. After such 30-day period, we shall have no obligation to maintain or provide any of your Content and shall thereafter, unless legally prohibited, delete all of your Content in our systems or otherwise in our possession or under our control.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend Toonari, LLC, its officers, directors, employees, agents, successors and assigns from and against all loss or damage (including reasonable attorney’s fees, court costs and reasonable costs of experts), and to defend Agent from and against any and all actions (including suits, actions or administrative, legal or equitable proceedings of any kind) brought against Toonari, LLC, which claims or actions arise from or in connection with: (i) any grossly negligent act or omission on the part of you; or (ii) your use and access of the Service, by you or any person using your account and password; or (iii) the breach of this Agreement by you of any of its representations, warranties, or covenants made herein; or (iv) due to content posted by you. In the event that a claim or action is brought against Toonari, LLC, Toonari, LLC shall control the defense and resolution of any claim or action brought against it.

LIMITATION OF LIABILITY

In no event shall Toonari, LLC, 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.

DISCLAIMER

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. Toonari, LLC 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.

LITIGATION HOLD

If you wish to place a litigation hold on some or all of your Content archived by us, you shall send an email to litigation@tomokodiscovery.com identifying the pages and dates you would like us to hold or give us notice using the web form made available to you for that purpose on our website. Within one (1) business day after receipt of your request, we will confirm to you that we have received your request by sending an email to the address we have on file for you. Within two (2) business days after our receipt of your request, we will flag those pages and dates so that they are identified as not to be deleted and confirm to you by email that this has been done. Within three (3) business days after the receipt of your request, we will export the pages and dates identified by you from the archives stored on our servers (the cost of this Service is price per gigabyte of the Content exported). We will export the Content in a printable format and/or its native format including the digital signatures and timestamps. We may change the process for implementing a litigation hold by updating the Terms of Service. Please consult the Terms of Service for any changes to these procedures.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. 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.

WAIVER OF JURY TRIAL

Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is deemed material, within our sole discretion, we will provide at least 30 days’ notice prior to any new terms taking effect. 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.

Questions

Any questions about this Privacy Policy should be addressed to ask@toonaricorp.com

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