Toonzania terms of use

ABILITY TO ACCEPT TERMS OF USE

1. These Terms of Use shall govern over all aspects of TOONZANIA services offered through the Customer account (henceforth, the “Account”). Please read these Terms of Use carefully before accepting.
2. The Services made available through the Account require a legal guardian or an adult legally authorized by the legal guardian for his/her child/children care or custody (henceforth “Customer”) to create an Account and accept these Terms of Use.
3. If the Customer is not the legal guardian of the minor of age accessing TOONZANIA Services, by creating the Account, she/he declares that possess specific written authorization from the legal guardian to create TOONZANIA’s Account for the use of the minor of age.
4. The Customer affirms that is either more than 18 years of age, or an emancipated minor with enough legal capacity for creating an Account and accept the Terms of use that mandate the usage of TOONZANIA’s Services.

GENERAL

5. These Terms of Use, together with the Legal Notice and Privacy Policy published by TOONZANIA on the Website, and any other particular terms or conditions applicable on the Service shall constitute the entire agreement between the Customer and TOONZANIA concerning the Services rendered through the Account.

USE OF THE SERVICES

6. The TOONZANIA Service is a protected environment that enables young kids to safely access a customized selection of content from third parties while aiming to watch over their right emotional, psychological, cognitive and social development inside a platform specifically suitable for children. Unless otherwise specified, the Service is made available solely for personal and non-commercial use, in accordance with all applicable laws.
7. As a condition to your use of the Services provided by TOONZANIA, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any TOONZANIA or TOONZANIA’s suppliers’ server(s), or the network(s) connected to any TOONZANIA server; or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Service without TOONZANIA’s prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You further agree not to alter or modify any part of the Service or any of its related technologies.

CUSTOMER ACCOUNT

8. The Customer must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration process. The Customer will also choose a password and an email address. The Customer is entirely responsible for maintaining the confidentiality of the password and Account and undertakes to use the password in a diligent way and keep it secret.
9. Furthermore, the Customer is entirely responsible for any and all activities that occur under his/her Account usage. The Customer agrees to notify TOONZANIA immediately of any unauthorized use of the Account or any other breach of security. TOONZANIA will not be liable for any loss that the Customer may incur as a result of someone else using the password or Account, either with or without knowledge.
10. The Customer could be held liable for losses incurred by TOONZANIA or another party due to him/her or someone else using the Account or password. The Customer may not use anyone else’s Account at any time, without the express permission of the account holder.

CANCELLATION OF CUSTOMER ACCOUNT

11. If the Customer wishes to cancel the Account, he/she may do so by notifying TOONZANIA at any time. A confirmation notice will be sent in writing by e-mailing TOONZANIA at support@toonzania.com.
12. TOONZANIA may at any time cancel the Customer Account if:
13. The Customer has breached any provision of these Terms of Use, Legal Notice, Privacy Policy or any other particular terms or conditions applicable on the Service; or have acted in a manner that clearly shows the Customer does not intend to comply with the provisions of these Terms of Use;
14. TOONZANIA is required to do so by law;
15. TOONZANIA is transitioning to no longer providing the Services in the country in which the Customer is resident or from which the Customer use the Service.
16. TOONZANIA shall, at its own discretion and without prior notice, inform the competent authorities or take any actions as it deems appropriate about the non-righteous usage of the Services.

TOONZANIA USERS

14. The minor of age as active viewer of the contents embedded in TOONZANIA and end beneficiary and user of the rest of the platform tools and services (henceforth the “User”) is not allowed to make any usage of TOONZANIA’s services, without previous written consent from his/her legal guardian. The Customer is fully responsible for the usage the User makes of the Account; or any person accessing the Service using his/her Account, makes of TOONZANIA.
15. In order for TOONZANIA to provide the Services offered, requires the Customer to register personal information of the User. The Customer is fully responsible for sharing the minor of age private information with TOONZANIA and by doing so he/she guarantees having the legal right as legal guardian or that she/he owns legal written authorization from the legal guardian of the minor of age to be able to share that information with TOONZANIA.
16. Customers and Users exempt from any liability to TOONZANIA for the third-party contents indexed in its Service and for their right adequacy to the User’s psychological, emotional, cognitive and social maturity. Customers are fully responsible for the right supervision of the kind of contents the Users under their care watch when using the Customer’s Account.

17. TOONZANIA reserves all rights not expressly granted in and related toToonzania’s proprietary platform and its Services.

CONTENT / SUBMISSIONS TO THE SERVICES

20. On some parts of TOONZANIA’s Services or otherwise in connection with the Customer and the User usage of the Services, the Customer on his/her own behalf or the User of Account may be allowed to submit, post or link to content or applications or provide comments for others to see (collectively, referred to herein as “Submissions”). If the Customer or User submit, post, link to or contribute with Submissions, the Customer guarantees, represent and warrant to TOONZANIA that:
21. The Customer has all necessary legal rights to submit, post, contribute or link to such Submissions and it does not and will not infringe or violate any law or the rights of any person. While the Customer, the User or the rightful owner of the Submission retain all ownership rights in the Submission, the Customer gives TOONZANIA (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Submission as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to the Customer, the User or any third party, consistent with the purposes and functions of the Services;
22. The Customer is entirely responsible for all his/her own Submissions as well as third-parties submissions, posted, contributed, linked to, uploaded, emailed, transmitted or otherwise make available in any way by or through the Services (collectively “Submissions”) using his/her Account;
23. The Customer himself or the User of his/her Account has the written consent, release or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by the Services and these Terms; and
24. For all Submissions, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, the Customer understands that TOONZANIA is not responsible for the truth, completeness, objectivity, or usefulness of such Submission, nor do TOONZANIA endorses any Content or Submission; TOONZANIA does not verify the identity of people using the Services; and TOONZANIA does not undertake any obligation to screen, monitor, edit or review Submissions before they appear on the Services. TOONZANIA does have the right, in TOONZANIA’s sole discretion, to monitor or remove any Content or Submission at any time and without notice if TOONZANIA believes doing so will improve the Services. TOONZANIA can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, the Customer understand that by using the Services, he/she or the User may be exposed to Content and/or Submissions that are offensive or objectionable.

CONDUCT OF CUSTOMERS AND USERS

21. TOONZANIA believes that all Customers and Users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, TOONZANIA asks, and the Customer agrees on his/her own behalf and on behalf of the Users of his/her Account, to follow the following basic rules of conduct when using the Services:
22. Follow these Terms of Use and all applicable laws;
23. Never give the Account password to anyone;
24. Will not harass, threaten or abuse other people when using the Services in any manner;
25. Will not interfere with others’ use of the Services or act in a way that negatively affects other users’ enjoyment of the Services;
26. Will not participate in any action that, in the sole and absolute opinion of TOONZANIA, results or may result in any other user of the Services being scammed or defrauded in any way;
27. Will not submit, upload, post, email or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
28. Will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by TOONZANIA, and the Customer will promptly report to TOONZANIA the discovery of any such errors, features, bugs or deficiencies in the Services;
29. Will not attempt to harvest any Customer or User names or email addresses from the Services for any purpose;
30. Will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another User or Customer;
31. Will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with TOONZANIA; similarly, neither the Customer nor the User will adopt a false identity if the purpose of doing so is to deceive or defraud another;
32. Will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
33. Will not manipulate the Services so as to hide the Customer or the User identity or the participation of these in the Services (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
34. Will not submit or post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, the ability of users to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
35. Will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.
36. If the Customer or the User accessing through the Customer Account violate any of the guidelines set forth above or any other aspect of these Terms, TOONZANIA reserves the right to suspend or terminate his/her rights to use the Services without giving any notice. In the event that the Customer or User rights to use the Services are terminated, he/she will immediately lose access to any information that may be on the system.
37. TOONZANIA at its sole discretion may also remove any Submission or Content that the Customer or the User of the Account post without cause and without notice to you.
38. THE CUSTOMER UNDERSTANDS THAT TOONZANIA IS NOT RESPONSIBLE FOR THE CUSTOMER INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF THE CUSTOMER ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT

25. The Customer understands and agrees that TOONZANIA may (but is not obligated to) review and remove any content of any kind (whether Website Content, Submissions, User Generated Content or Third Party Content) that under TOONZANIA’s sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights, harms, or threatens the safety of third parties and/or other users of the Website (“Abusive Content“). In addition, each Customer or User of the Website may notify TOONZANIA that considers certain content (whether Website Content, User Generated Content, Submissions or Third-Party Content) to be Abusive Content and provide reasons supporting such notification. TOONZANIA shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user’s ability to upload content in violation of these Terms of Use.
26. TOONZANIA takes the protection of intellectual property rights, including copyrights, very seriously. TOONZANIA will terminate the Customer access to, or use of, all or any part of the Services, without previous notice, if the Customer or the User of the Account infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant of the existing binding legislation, copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to TOONZANIA if they have a good-faith belief that their protected works are being infringed. TOONZANIA will respond to all such notifications that are sent.
27. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing TOONZANIA with the following information in writing:

1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TOONZANIA to locate the material;
   4. Information reasonably sufficient to permit TOONZANIA to contact you, such as an address, telephone number, and, if available, an electronic mail;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

28. Any notification of claimed infringement may be reported at: info@toonzania.com with the words “Copyright Agent” in the Subject of your mail. For clarity, only alleged infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TOONZANIA customer service through support@toonzania.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
29. Upon receipt of such notification, TOONZANIA shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After TOONZANIA removes or disables access to such material, if such material was posted by a Customer or User of the Service, TOONZANIA will notify the party that posted the material of its action. Such party may then provide TOONZANIA designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which TOONZANIA will forward to the alleged copyright owner. TOONZANIA will inform the alleged copyright owner that TOONZANIA will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to TOONZANIA designated agent stating that it has filed suit against the alleged infringer.
30. An effective counter-notification must be sent to TOONZANIA, listed above. The notice must include the following information:
31. The counter-notifying party’s physical or electronic signature;
32. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
33. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
34. The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the customer is foreign, it consents to any jurisdiction where TOONZANIA is subject to jurisdiction, and that the customer will accept service of process from the person who provided TOONZANIA with notification or an agent of such a person.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

31. TOONZANIA’sPrivacy Policy, that could be checked here, explains TOONZANIA’s online information practices and how your information is collected and used.

GOVERNING LAW & JURISDICTION

32. Unless otherwise set out by the applicable law, the relationship between TOONZANIA and the Customer and the User of the Account shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the city of Madrid (Spain).

LANGUAGE AND BINDING VERSION

1. 33. These Terms have been drafted in both Spanish (Castilian) and English versions. The English version of these Terms is for visitors, Customers and Users convenience only and is not to be considered legally binding. Only the Spanish version of these Terms shall be legally binding.The Spanish version can be found here.