Toonzania legal notice

LEGAL INFORMATION AND ACCEPTANCE

1. The terms and conditions contained in this Legal Notice regulate the use of the Website toonzania.com (hereinafter, the “Website”) that Toonzania (hereinafter, “TOONZANIA”) makes available to all the visitors who access its Website (hereinafter, the “Visitor” or “Visitors”).
2. TOONZANIA website is intended as a general audience website that enables Visitors to learn more about TOONZANIA and TOONZANIA services, and/or mobile technology, apps, games and other content for families and to use TOONZANIA’s website child-friendly environment and, if available, TOONZANIA’s downloadable applications (henceforth the “Service”). TOONZANIA Service is designed as a tool for parents and legal guardians to provide their children with a kid-friendly filtered offer and environment to discover, launch and use third party content.
3. Access to the Website entails the acceptance of all the conditions contained in this Legal Notice.
4. The duration of the Website service is limited to the moment in which the Visitors are connected to the Website or any of the Services that are provided by TOONZANIA. Therefore, the Visitors shall read this Legal Notice governing the use of the Website carefully each time they intend to use the Services, since it could undergo changes without previous notice.
5. Certain Website Services are only available through the Customer personal account (henceforth the “Account” and shall be subject to the applicable terms and conditions, which, where appropriate, substitute, complete and/or modify this Legal Notice, which must be accepted by the Visitors before logging in.
6. If you wish to contact TOONZANIA in relation to the Website you can do so by e-mailing at info@toonzania.com.

THIRD PARTY WEBSITES AND CONTENT (OUTBOUND LINKS)

1. TOONZANIA complies with the binding legislation protecting minors of age and makes every effort to choose third-party websites and content that is kid-friendly. TOONZANIA is however, not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (“Third Party Content“). TOONZANIA is also not responsible for the privacy practices and cannot guarantee the legislation compliance of third-party content including on websites, webpages, services or online products. The fact that TOONZANIA includes Third-party Content does not represent or imply that it endorses such website, webpage, content, service or online product. The Visitors are responsible for reviewing the privacy practices of all third-party content.
2. TOONZANIA disclaims any responsibility whatsoever for any harm resulting from the use of non-TOONZANIA websites, webpages, content, services, online products, etc. The Visitors are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and any other harmful or destructive content.
3. If you believe that any Third-party content infringes the binding legislation protecting minors of age and/or any other regulation, you may submit a notification by providing TOONZANIA with the following information in writing:

1. 1. 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;
   2. Information reasonably sufficient to permit TOONZANIA to locate the material;
   3. Information reasonably sufficient to permit TOONZANIA to contact you, such as an address, telephone number, and, if available, an electronic mail;
   4. A statement that you have a good faith belief that the Content violates the law;
   5. A statement that the information in the notification is accurate.
2. Any notification about inappropriate or infringing content may be reported at: info@toonzania.com with the title “Content Infringement”. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
3. Upon receipt of such notification, TOONZANIA shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing or inappropriate Content. After TOONZANIA removes or disables access to such material, if such material was posted by a 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 right to post the allegedly infringing Content, so it can be taken into consideration by TOONZANIA.
4. TOONZANIA does have the right, in TOONZANIA’s sole discretion, to monitor or remove any Content at any time and without notice if TOONZANIA believes doing so will improve the Services. Nevertheless, the Visitor, the Customer and the Account User understand and accept that by using the Services, he/she may be exposed to Content that may be offensive or objectionable.

LINKS TO THE WEBSITE (INBOUND LINKS)

1. The Visitor who wants to introduce links from his own website to the Website must comply with the conditions listed below:

1. 1. The link will only link to the home page of the Website but cannot reproduce it in any way (including inline links, deep links, browser or border environment, copying text, graphics, etc.);
   2. It is forbidden in any case to set out any type of frames which surround the Website or allow to display the Website’s content through Internet addresses other than the Website and in any case, when such websites are viewed in conjunction with content different from the Website so that: (i) creates or can produce to Visitors, error, confusion or misleading about the true origin of the Service or content; (ii) involves an act of comparison or unfair imitation; (iii) exploit the brand reputation and prestige of TOONZANIA; or (iv) otherwise it may be considered prohibited by law;
   3. No representation or false, inaccurate or incorrect indication of TOONZANIA, its employees, customers, users, or the quality of the services provided shall be made from the website which links to the Website;
   4. Without TOONZANIA written consent, in no case the website where an inbound link is set up will be able to express or insinuate that TOONZANIA has consented to the inclusion of the link or that otherwise TOONZANIA sponsors, collaborates, verifies or supervises the website services;
   5. The use of any trade, graphic or mixed mark or other distinctive sign TOONZANIA within the third party’s website is prohibited except as permitted by law or expressly authorized by TOONZANIA and where permitted by these Terms, the direct link to the Website shall be set up in accordance to this clause;
   6. The website with an inbound link shall comply with the law and under no circumstances may provide or link to own or third parties’ contents that:

1. 1. 1. are unlawful or contrary to morality and decency (pornographic, violent, racist, etc.);
      2. induces or could induce the user the false impression that TOONZANIA endorses, supports, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the third party website;
      3. are inappropriate or irrelevant to the activity carried out by TOONZANIA in relation to the place, content and theme of the third party website.

1. An inbound link on a third party website does not imply in any case the existence of any kind of relationship between TOONZANIA and the owner of the website in which it is established, nor the acceptance and approval of TOONZANIA of its contents or services offered therein and made publicly available.

1. TOONZANIA shall be able to request, at any time and without having to give reasons for the request, that any link to the Website is removed, after which the person responsible for the website offering the link shall remove the link immediately.

WARRANTY DISCLAIMER

1. THE VISITORS, USERS AND CLIENTS AGREE THAT THEIR USE OF THE SERVICES SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOONZANIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TOONZANIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TOONZANIA’ SECURE 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 SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. TOONZANIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOONZANIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL TOONZANIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE VISITOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TOONZANIA SECURE 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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOONZANIA 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.

INDEMNITY

1. The Visitors agree to defend, indemnify and hold harmless TOONZANIA, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any of these terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your potential postings or Visitor Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Services.

INTELLECTUAL PROPERTY

1. TOONZANIA reserves all rights not expressly granted in these terms and disclaims the grant of any implied rights to the Visitor, Customer or User. The Services are owned by TOONZANIA or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of TOONZANIA. Except for allowing the Customer, the User or the Visitor to access the Services for his/her own personal usage as set forth in these Terms. When Customer or the Visitor makes usage of the Services they are not receiving a license or any other rights from TOONZANIA, including intellectual property or other proprietary rights of TOONZANIA or its licensors. The Visitors understand that they have no rights to the Services or any other property of TOONZANIA or its licensors except as expressly provided in these terms.
2. TOONZANIA takes the protection of intellectual property rights, including copyrights, very seriously. 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. For further details, please consult here TOONZANIA Terms of Use.

TOONZANIA CONTENT

1. TOONZANIA property, including, but not limited to its trademark, logo, texts, website algorithms, interface, website design and content filtering and categorization tools (henceforth “Toonzania’s proprietary platform“) are owned by TOONZANIA, and are subject to copyright and other intellectual property rights under applicable laws.

THIRD PARTY CONTENT

1. The rest of the content embedded on the TOONZANIA website and hosted in external parties websites, except for all User Generated Content (defined in the Terms of Use), including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content and third parties trademarks, service marks and logos contained therein (“Third-party Content“) is not owned by TOONZANIA. The Third-party contents are owned by their legal proprietors and are embedded and indexed in TOONZANIA according to the terms of service and usage of the third-party platforms and services hosting them and allowing them to be embedded and/or indexed by other applications, platforms and/or websites. Thus, are subject to copyright and other intellectual property rights under applicable laws. The video platforms, servers or content hosts of the Third-party contents are liable for having the rights and copyright owner authorization to host, publish and distribute these contents. TOONZANIA is exempt from any responsibility for the lack of rights or improper publication, distribution or hosting of the third-party contents by the sources from where TOONZANIA embeds the third-party contents. These sources are responsible and liable for the right usage and rights ownership verification of the users that upload and maintain the third-party contents in their platforms and servers.

MISCELLANEOUS

1. Any clause or provision that is found to be illegal, invalid or unenforceable shall be excluded from the same and shall be considered inapplicable to the extent of such illegality, invalidity or unenforceability and replaced with a clause or provision as similar as possible to such illegal or invalid clause. The remaining provisions shall not be affected and notwithstanding such illegal, invalid or unenforceable clause or provision, shall remain fully valid and in force.
2. TOONZANIA disclaims any warranty of any kind and therefore shall be held harmless from all liability derived from the above points, and other issues that might not be envisaged in this document.

GOVERNING LAW AND JURISDICTION

1. Unless otherwise set out by the applicable law, the relationship between TOONZANIA, the Visitor, the User and the Customer 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. This Legal Notice has been drafted in both Spanish (Castilian) and English versions. The English version of this Legal Notice is for visitors, Customers and Users convenience only and is not to be considered legally binding. Only the Spanish version of this Legal Notice shall be legally binding. The Spanish version can be found here.