A. By using and/or visiting this website (collectively, including all content and available through the TOLETTA.com domain name and any country-specific domains or subdomains thereof, the "TOLETTA Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) TOLETTA's privacy notice, found at http://www.toletta.com/privacy and incorporated here by reference ("Agreement"). If you do not agree to any of these terms or the TOLETTA privacy notice, please do not use the TOLETTA Website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.toletta.com/terms). TOLETTA may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the TOLETTA Website, including users who are also contributors of video content, information, and other materials or services on the Website. The TOLETTA Website includes all aspects of TOLETTA, including but not limited to TOLETTA webstore, the TOLETTA blog, the TOLETTA distributor/member area and the TOLETTA affiliate program.
B. The TOLETTA Website may contain links to third party websites that are not owned or controlled by TOLETTA. TOLETTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TOLETTA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TOLETTA from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a TOLETTA account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TOLETTA immediately of any breach of security or unauthorized use of your account.
B. Although TOLETTA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TOLETTA or others due to such unauthorized use.
TOLETTA hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without TOLETTA's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to TOLETTA's images and logos or any of its related trademarks.
C. You agree not to access User Submissions (defined below) or TOLETTA Content through any technology or means other than the pages of the Website itself, the YouTube Embeddable Player, or other explicitly authorized means TOLETTA may designate.
D. You agree not to use the Website or name TOLETTA for any commercial use, without the prior written authorization of TOLETTA. Prohibited commercial uses include any of the following actions taken without TOLETTA's express approval:
sale of access to the Website or its related products on another website;
use of the Website or its related products for the primary purpose of gaining advertising or subscription revenue;
and any use of the Website or its related products that TOLETTA finds, in its sole discretion, to use TOLETTA's resources or User Submissions with the effect of competing with or displacing the market for TOLETTA, TOLETTA content, or its User Submissions.
E. Prohibited commercial uses do not include:
uploading an original video to TOLETTA, or maintaining a video on TOLETTA, to promote yourself, business or artistic enterprise;
using the Embeddable YouTube Player to show TOLETTA videos on the Website, provided the primary purpose of using the Embeddable YouTube Player is not to gain advertising revenue or compete with TOLETTA;
any use that TOLETTA expressly authorizes in writing.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
G. TOLETTA reserves the right to discontinue any aspect of the TOLETTA Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TOLETTA Website.
A. The content on the TOLETTA Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TOLETTA, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TOLETTA reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the TOLETTA login areas; and
for Embedding Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from a video player such as YouTube to the TOLETTA website intended for real-time viewing. User Videos are made available "as is."
C. You 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 User Submissions of third parties obtained through the Website for any commercial purposes.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the TOLETTA Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TOLETTA Website or the Content therein.
E. You understand that when using the TOLETTA Website, you will be exposed to User Submissions from a variety of sources, and that TOLETTA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TOLETTA with respect thereto, and agree to indemnify and hold TOLETTA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. You may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TOLETTA does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TOLETTA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TOLETTA, you hereby grant TOLETTA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TOLETTA Website and TOLETTA's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TOLETTA Website (and products or works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the TOLETTA Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you request in writing (email) to have the video removed from the TOLETTA Website. Video removal request should be sent to firstname.lastname@example.org. You understand and agree, however, that TOLETTA may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User 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 and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant TOLETTA all of the license rights granted herein.
F. TOLETTA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TOLETTA expressly disclaims any and all liability in connection with User Submissions. TOLETTA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TOLETTA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. TOLETTA reserves the right to remove Content and User Submissions without prior notice.
A. TOLETTA will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be a repeat infringer.
B. TOLETTA reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. TOLETTA may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. TOLETTA operates a clear copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party.
B. As part of TOLETTA's copyright policy, TOLETTA will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
YOU AGREE THAT YOUR USE OF THE TOLETTA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOLETTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. TOLETTA MAKES NO WARRANTIES, CONDITIONS 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, PROPERTY, BODILY, MORAL OR MATERIAL 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 TOLETTA WEBSITE. TOLETTA EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOLETTA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOLETTA 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL TOLETTA, 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, PROPERTY, BODILY, MORAL OR MATERIAL 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 TOLETTA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, 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 TOLETTA SHALL NOT BE LIABLE FOR USER 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 Website is controlled and offered by TOLETTA from its facilities in Canada. TOLETTA makes no representations that the TOLETTA Website is appropriate or available for use in other locations. Those who access or use the TOLETTA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TOLETTA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the TOLETTA 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, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TOLETTA Website.
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess 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 of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the TOLETTA Website is not intended for children under 13. If you are under 13 years of age, then please do not use the TOLETTA Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TOLETTA without restriction.
You agree that: (i) the TOLETTA Website shall be deemed solely based in Canada; and (ii) the TOLETTA Website shall be deemed a passive website that does not give rise to personal jurisdiction over TOLETTA, either specific or general, in jurisdictions other than Canada. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and TOLETTA that arises in whole or in part from the TOLETTA Website shall be decided exclusively by a court of competent jurisdiction located in Ottawa, Ontario, Canada. These Terms of Service, together with the Privacy Notice at http://www.toletta.com/privacy and any other legal notices published by TOLETTA on the Website, shall constitute the entire agreement between you and TOLETTA concerning the TOLETTA Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TOLETTA's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TOLETTA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TOLETTA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND TOLETTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TOLETTA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.