February 28th, 2012
I. Description of Service
toonpool.com is a networking Service that allows members to create unique personal profiles online in order to present, to watch, to edit or to publish artworks or in order to offer these artworks for sale.
The Services offered by toonpool.com include the toonpool.com Internet Messaging Service, the toonpool.com Mobile Messaging Services and any other features, content, or applications offered from time to time by toonpool.com in connection with the toonpool.com website (collectively, the "toonpool.com Services"). The toonpool.com Services are hosted in Germany.
II. Important Terms
The term “Visitor” refers to a person who simply browses the toonpool.com website.
The term “Member” describes a person who has registered with toonpool.com.
The term "User" refers to a Visitor or a Member.
The term “Content” refers to cartoons, texts, files, images, photos, videos, sounds, musical works, works of authorship, or any other material posted to the toonpool.com website
toonpool.com is free to modify this agreement from time to time. Such modifications shall be effective upon posting by toonpool.com on the toonpool.com Website. You agree to be bound to any changes to this agreement when you continue the use of the toonpool.com services after any such modification is posted. Therefore, it is important that you review this agreement regularly to ensure you are updated as to any changes.
Please choose the information you post on toonpool.com and that you provide to other users carefully. Your toonpool.com profile should not include the following items: telephone numbers, street addresses, last names, and photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or any otherwise objectionable subject matter.
Despite the aforementioned prohibition, information provided by other toonpool.com members (for instance, in their Profile) may contain inaccurate, inappropriate offensive or sexually explicit material, products or services. toonpool.com assumes no responsibility or liability for this material. If you become aware of misuse of the toonpool.com services by any person, please contact toonpool.com immediately or click on the "Report Violation" link at any toonpool.com page.
toonpool.com reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting including private messages by you, and/or to restrict, suspend, as well as terminate your access to the toonpool.com services entirely or partially at any time, for any or no reason, without prior notice, and without liability.
toonpool.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of toonpool.com Services if toonpool.com determines, in its sole discretion, that you pose a threat to toonpool.com and/or its Users.
Use of and Membership in the services is void where prohibited. By using the toonpool.com services, you represent and warrant that:
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older;
(d) your use of the toonpool.com services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 14 years of age.
This Agreement shall remain in full force and effect while you use the services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the “Member's Account Settings” page. toonpool.com may terminate your Membership at any time, without a prior warning. Even after is Membership is terminated, this Agreement will remain in effect, including sections 5-17.
You acknowledge that toonpool.com reserves the right to charge for its services and to change its fees from time to time in its discretion. If toonpool.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
When signing up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify toonpool.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
VIII. Non-commercial Use by Members
The toonpool.com services are for the personal use of members only and may not be used in connection with any commercial endeavors except for those that are specifically endorsed or approved by toonpool.com. Illegal and/or unauthorized use of the toonpool.com services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the toonpool.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of the Membership. Appropriate legal action will be taken for any illegal or unauthorized use of the toonpool.com services.
IX. Proprietary Rights in Content on toonpool.com
toonpool.com does not claim any ownership rights in the content that you post to the toonpool.com services. After posting your content to the toonpool.com 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 displaying or publishing ("posting") any content on or through the toonpool.com services, you hereby grant to toonpool.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the toonpool.com Services. All rights of commercial exploitation remains with the artist. toonpool.com has no authorisation to sell or otherwise market the cartoons to other people, companies or institutions, unless the user has explicitly granted toonpool.com a permit to do so. The arrangements for commercial exploitation, especially the breakdown of the proceeds, requires a separate agreement.
The license you grant to toonpool.com is non-exclusive. This means you are free to license your content to anyone else in addition to toonpool.com. Furthermore the licence is fully-paid and royalty-free – meaning that toonpool.com is not required to pay you for the use on the toonpool.com services of the content that you post. Additionally the licence is sublicensable so that toonpool.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the toonpool.com Services, as well as worldwide because the Internet and the toonpool.com are global in reach. This license will be terminated by the time you remove your content from the toonpool.com website.
You represent and warrant that:
(a) you own the content posted by you on or through the toonpool.com Services or otherwise have the right to grant the license set forth in this section;
(b) the posting of your content on or through the toonpool.com services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third person.
You agree to pay for all royalties, fees, and any other costs owing any person by reason of any content posted by you to or through the toonpool.com Services.
The toonpool.com Services contain content of toonpool.com. The content is protected by copyright, trademark, patent, trade secret and other laws. toonpool.com owns and retains all rights in the toonpool.com content and the toonpool.com Services.
toonpool.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the toonpool.com Content solely for your personal use in connection with viewing the toonpool.com Website and using the toonpool.com Services.
The aforementioned licence does not include any software code.
The toonpool.com Services contain content of users and other toonpool.com licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the toonpool.com Services.
X. Content Posted
toonpool.com may delete any content that in the sole judgment of toonpool.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. toonpool.com assumes no responsibility for monitoring the toonpool.com services for inappropriate content or conduct. This also applies if at any time toonpool.com chooses, in its sole discretion, to monitor the toonpool.com services. toonpool.com assumes no responsibility or obligation to modify or remove any inappropriate content. Furthermore toonpool.com assumes no responsibility for the conduct of the user submitting any such content.
You are solely responsible for the Content that you post on or through any of the toonpool.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. toonpool.com does not endorse and has no control over the content. The content is not necessarily reviewed by toonpool.com prior to posting and does not necessarily reflect the opinions or policies of toonpool.com.
toonpool.com makes no warranties concerning the content or to the accuracy and reliability of the content or any material or information that transmit by or to its users.
XI. Content/Activity Prohibited
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the toonpool.com services. toonpool.com reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of toonpool.com, violates this provision, including without limitation, removing the offending communication from the toonpool.com services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of toonpool.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4 . contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for cartoonists profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the toonpool.com website and through your use of the toonpool.com services. toonpool.com reserves the right to investigate and take appropriate legal action against anyone who, in toonpool.com 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any member to buy or sell any products or services through the toonpool.com services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the toonpool.com services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, toonpool.com reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which toonpool.com deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the toonpool.com services, you acknowledge that you will have caused substantial harm to toonpool.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay toonpool.com $50 for each such unsolicited email or other unsolicited communication you sent through the toonpool.com Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any toonpool.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the toonpool.com Services or the networks or services connected to the toonpool.com Services;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the toonpool.com Services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the toonpool.com Services on behalf of that person, such as placing commercial content on your profile, or sending messages with a commercial purpose; or
11. using the toonpool.com Services in a manner inconsistent with any and all applicable laws and regulations.
XII. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of toonpool.com to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to toonpool.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the toonpool.com services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the toonpool.com services;
(d) your address, telephone number, and email address;
(e) a written 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;
(f) a statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
XIII. Member Disputes
You are solely responsible for your interactions with other toonpool.com users. toonpool.com reserves the right, but has no obligation, to monitor disputes between you and other users.
toonpool.com is not responsible for the topicality, correctness, completeness or quality of the information or content posted on the toonpool.com website or in connection with the toonpool.com services, whether caused by users of the toonpool.com services or by any of the equipment or programming associated with or utilized in the toonpool.com services. Liability claims regarding damage caused by the use of any content provided, including any kind of content which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete content including all offers and information might be extended, changed or partly or completely deleted by the toonpool.com without separate announcement.
2. Referrals and Links
Profiles created and posted by members on the toonpool.com Website may contain links to other websites. toonpool.com is not responsible for any contents linked or referred to from his pages - unless it has full knowledge of illegal contents and would be able to prevent the users of his site from viewing those pages.toonpool.com assumes no responsibility for the content, accuracy or opinions expressed on such websites. Such websites are in no way investigated, monitored or checked for accuracy or completeness by toonpool.com. Inclusion of any linked website on the toonpool.com does not imply approval or endorsement of the linked website by toonpool.com. When you access these third-party sites, you do so at your own risk. toonpool.com takes no responsibility for third party advertisements which are posted on this toonpool.com website or through the toonpool.com services, nor does it take any responsibility for the goods or services provided by its advertisers.
toonpool.com is not responsible for the conduct, whether online or offline, of any user of the toonpool.com services. toonpool.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. toonpool.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the toonpool.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the toonpool.com Services. Under no circumstances shall toonpool.com be responsible for any loss or damage, including personal injury or death, resulting from use of the toonpool.com Services, attendance at a toonpool.com event, from any Content posted on or through the toonpool.com Services, or from the conduct of any Users of the toonpool.com Services, whether online or offline. The toonpool.com Services are provided "AS-IS" and as available. toonpool.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. toonpool.com cannot guarantee and does not promise any specific results from use of the toonpool.com Services.
XVI.Limitation on Liability
IN NO EVENT SHALL TOONPOOL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TOONPOOL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Liability of toonpool.com is limited to intentional damages caused directly by toonpool.com as well as its own gross negligence.
XVII. Sale of content as downloads
- You agree that your artworks which you uploaded at toonpool.com are offered for sale as image downloads. You confer the single, spatially and temporally unlimited right to use for the concerning image download on the licensee, based on the License Terms for Image Downloads (opens in new window).
- The sale of your artworks is activated autmatically. You can deactivate and activate the sale at any time without reason.
- You receive 50% of the net revenue of each image download of your artworks. The net revenue is based on the total revenue deducting German VAT and PayPal fees. The payment is settled monthly, providing that the total sum of fees exceeds 50.00 EUR. Depending on the method of money transfer to you, any accruing transaction fees will be subtracted from your commission.
- You hereby grant that you are the only creator of all artworks which you offer for sale and hence own the copyright of all of them.
1. Choice of Law
If any dispute about or involving the toonpool.com services arises, you agree that the dispute shall be governed by the laws of the Federal Rebublic of Germany, without regard to conflict of law provisions.
2.Place of Litigation
You agree to exclusive personal jurisdiction and venue in the courts of the Federal Republic of Germany, located in the City of Berlin.
You agree to indemnify and hold toonpool.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the toonpool.com services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the toonpool.com website or through the toonpool.com services causes toonpool.com to be liable to another.
This Agreement is accepted upon your use of the toonpool.com website or any of the toonpool.com services and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and toonpool.com regarding the use of the toonpool.com services. The failure of toonpool.com to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.