1. Acceptance of Mobytoons Terms and Conditions
A. By using and/or visiting Mobytoons.com, you signify your agreement to accept without any reservations to the (1) Mobytoons Terms and Conditions, (2)Mobytoons' Privacy Policy, and (3) Mobytoons' Community Guidelines without any reservations. This acceptance covers future modifications of the site with which you agree to be bound by in full. If you do not agree to any of these terms, we discourage you from proceeding to use any feature of the Mobytoons Website.
2. Intellectual Property Rights and Privacy Policy
A. Mobytoons Website is an online showcase of original animated content by a private animation firm, Mind Tap Studios. As such, all contents herein, except Members' Submission, are intellectual properties of the said studio and subject to copyrights and patents restriction.
B. Mind Tap Studios reserves all rights not expressly granted in and to the website and its contents.
C. The Mobytoons Website may also contain original works from members. These submissions may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
D. By accessing the Mobytoons website you automatically agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the website for any commercial purposes. You also agree not to engage in activities that would circumvent, disable or otherwise interfere with security related features of the Mobytoons website or features preventing you and other users from copying any content or enforcing limitations on use of the Mobytoons Website or the content therein.
E. If you are the party aggrieved, Copyright Infringement Reports are accepted in writing and addressed to legal@mobytoons.com. A notice will be provided for the steps to be taken in filing a proper complaint.
3. Website Access
A. The above Terms and Conditions are applicable to all Mobytoons users including individuals and members who are themselves contributor of animated contents in the website.
B. The Mobytoons Website may contain links to third party websites that are not owned or controlled by Mobytoons. Mobytoons therefore has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mobytoons will not and cannot censor or edit the content of any third-party site as well as prevent harmful or malicious programs that may accidentally be accessed through this third-party websites. By using the Website, you expressly relieve Mobytoons and its parent company, all its officers, executive managers, members of the board and investors from any and all liability arising from your use of any third-party website.
C. In your use of the website, you will otherwise comply with the terms and conditions, Mobytoons Community Guidelines, and all applicable local, national, and international laws and regulations.
D. Mind Tap Studios reserves the right to alter and modify all aspects of the Mobytoons Website including but not limited to discontinuing features and services.
E. By using the Mobytoons website you affirm that you are of legal age or more than 18 years of age, or an emancipated minor, or with legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
4. General Use of Website - Permissions and Restrictions
Mind Tap Studios hereby grants you permission to access and use the Mobytoons Website as set forth in these Terms and Conditions, provided that:
A) You agree not to distribute in any medium any part of the
Website, including but not limited to Member Submissions (defined
below), without Mind Tap Studios prior written authorization.
B) You agree not to alter or modify any part of the Website.
C) You agree not to access Member Submissions (defined below) or Mobytoons Content through any technology not designated or authorized by Mind Tap Studios.
§ You agree not to use the Website, including all contents herein for any commercial use, without the prior written authorization of Mind Tap Studios. Prohibited commercial uses shall be solely determined and defined by Mind Tap Studios
§ Prohibited commercial uses exclude the use of Mobytoon's animated ad banners and buttons that may be displayed on personal blogs, websites and other social networking portals.
5. Members Submission and Community Guidelines
A) In order for your to submit original animated content, you are required
to register as a Mobytoons Community member. As a Mobytoons
community member you may submit original animated content and
textual content . Member Animations and Comments are collectively
referred to as "Member Submissions." You understand that whether
or not such Member Submissions are published, Mobytoons does
not guarantee any confidentiality with respect to any Member
Submissions. B) You shall be solely responsible for your own
Member Submissions and the consequences of posting or publishing
them. In connection with Member Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary licenses,
rights, consents, and permissions to use and authorize Mobytoons
to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all Member Submissions
to enable inclusion and use of the Member Submissions in the
manner contemplated by the Website and these Terms and Conditions.
C) For clarity, you retain all of your ownership rights in your
Member Submissions. However, by submitting Member Submissions
to Mobytoons, you hereby grant Mobytoons a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display,
and perform the Member Submissions in connection with the Mobytoons
Website and Mind Tap Studios' (and its successors' and affiliates')
business, including without limitation for promoting and redistributing
part or all of the Mobytoons Website (and derivative works thereof)
in any media formats and through any media channels. In cases
of selected works for mobile distribution, the owner of the
content shall be duly notified of Mobytoons' intention to publish
where a payment fee for the content shall be arranged. D. You
also hereby grant each user of the Mobytoons Website a non-exclusive
license to access your Member Submissions through the Website.
Although Mobytoons will exert effort to prevent unauthorized
copying and use of the contents by legal and technical means,
Mobytoons is by no means liable to a possible breach of this
agreement by members of the Mobytoons Community. The above licenses
granted by you in Member Animations terminate within a commercially
reasonable time after you remove or delete your member Animations
from the Mobytoons Service. You understand and agree, however,
that Mind Tap may retain, but not display, distribute, or perform,
server copies of Member Submissions that have been removed or
deleted. The above licenses granted by you in Member Comments
are perpetual and irrevocable. D) In connection with Member
Submissions, you further agree that you will not submit material
that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material
and to grant Mind Tap Studios all of the license rights granted
herein. E) You further agree that you will not, in connection
with Member Submissions, submit material that is contrary to
applicable local, national, and international laws and regulations.
F) Mobytoons does not endorse any Member Submission or any opinion,
recommendation, or advice expressed by any of Mobytoons Community
Members, and Mobytoons expressly disclaims any and all liability
in connection with Member Submissions. Mobytoons does not permit
copyright infringing activities and infringement of intellectual
property rights on its Mobytoons Website and Mobytoons will
remove all Content and Member Submissions if properly notified
that such Content or Member Submission infringes on another's
intellectual property rights. As a website that also appeals
to minors and across cultures, Mobytoons will not accept submissions
that are deemed improper for minors or prudicial to some cultures.
G) Mobytoons reserves the right to: · Remove Content and Member
Submissions without prior notice; · Terminate and blacklist
membership of those who have a track record as repeat infringers
6. Warranty Disclaimer
You agree that your use of the Mobytoons website shall be at your sole risk. To the fullest extent permitted by law, Mobytoons,its parent company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Mobytoons makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site 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 our website, (iii) any unauthorized access to or use of our 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 our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 the use of any content posted, emailed, transmitted, or otherwise made available via the youtube website. Mobytoons does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Mobytoons website or any hyperlinked website or featured in any banner or other advertising, and youtube will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
In no event shall Mobytoons, its officers, directors, employees, or agents, be liable to you 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 our website, (iii) any unauthorized access to or use of our 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 our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website 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 Mobytoons website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company 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.
You specifically acknowledge that Mobytoons shall not be liable for member submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Mobytoons Website is controlled and offered by Mind Tap Studios from its facilities in the Philippines. Mind Tap Studios makes no representations that the Mobytoons Website is appropriate or available for use in other locations. Those who access or use the Mobytoons Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Mobytoons, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mobytoons Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mobytoons Website.
9. General
You agree that: (i) the Mobytoons Website shall be deemed solely based in the Philippines. Any claim or dispute between you and Mobytoons that arises in whole or in part from the Mobytoons Website shall be decided exclusively by a court of competent jurisdiction located in Makati City, Philippines. You and Mobytoons agree that any cause of action arising out of or related to the Mobytoons website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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