Policies & Procedures

Terms of Use

Last revised: May 6, 2008.

  1. Introduction

    Welcome to MyToonsTM, an online community for animators to develop, collaborate, and share their work with animation enthusiasts worldwide. To ensure the operation, viability and success of this community, we have prepared the following terms of use which govern the conduct of those individuals who use the site. In addition, the following outlines the rights you are granting when you upload content to the site. We understand that the following may seem rather long and formal, but it is essential to allow us to provide you with this service. However, you should review it carefully so you are fully aware of the sites' policies and guidelines. By using our site, you are consenting to all of the following.

  2. The Site

    The MyToons website, all content, services and functionality available through the MyToons.com domain name and all other components of the MyToons network, in any media, means or platform (collectively, "MyToons") are provided by MyToons Inc. ("MyToons Inc." or "we" or "us" or "our"). By visiting or using MyToons, through any platform or technology (including mobile or wireless), you (the "user") acknowledge that you have read, understand and agree to comply with these Terms of Use ("Terms of Use" or "Agreement") and our Privacy Policy (the Terms of Use, Privacy Policy and any other policy, guidelines, term or condition issued by us and as any of the foregoing may be modified by us, collectively the "MyToons Guidelines"), whether or not you have registered to be a member of MyToons or have contributed animation content, information or other materials or services to us. If you object to any term or condition of the MyToons Guidelines, or any subsequent modifications thereto, please immediately discontinue use of MyToons and the site.

  3. Eligibility

    You may not use this site unless you are at least thirteen (13) years of age or older. By using MyToons, you represent and warrant that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to these Terms of Use, abide by and comply with these Terms of Use, and that you will comply with all of these Terms of Use. If we believe that you do not meet the foregoing eligibility requirements, are in violation of the Terms of Use (as they may be modified), our Privacy Policy (as it may be modified) and/or any other policy, terms or conditions that we may issue, we shall have the right to immediately cancel your membership, delete any profile you may create and any content or information that you have posted on MyToons, and/or prohibit you from using MyToons (or any part or feature of MyToons or of the site) at our sole discretion, with or without notice.

  4. Access to MyToons

    Your use of and access to MyToons (and any feature, function, content, page or other element of MyToons) is expressly conditioned upon all of the following:

    1. your full and complete compliance with the MyToons Guidelines;
    2. your use of MyToons is solely for your personal, noncommercial purposes (excepting those commercial purposes which are explicitly permitted by us);
    3. you do not (nor do you authorize others to) copy or distribute any part of MyToons or the site in any physical or electronic medium without our prior written authorization;
    4. you do not alter or modify any part of MyToons;
    5. you provide accurate, complete and up-to-date information about you as may be prompted by any registration forms on the site ("Registration Information");
    6. you maintain and promptly update your Registration Information, and any other information that you provide to us, to keep it accurate, complete and up-to-date;
    7. you do not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the site or MyToons;
    8. you do not circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any Site Content (as defined below) or enforce limitations on use of the site or Site Content, or attempt to do so; and
    9. you assume complete responsibility for all use of your account, if you have one, and for any actions that take place using your account.

    In addition, the use of any automated devices, programs or systems (including "robots," "spiders," "off-line readers" or the like) that access MyToons in a manner that sends more postings or request messages from the MyToons servers for any given period of time than a human can reasonably generate in the same time by using a conventional web browser or are used with the intent to disable, modify or otherwise disrupt any portion of MyToons is expressly prohibited. In no event may you collect any personally identifiable information, including account names and passwords, from MyToons, or use the communication facilities provided by the site for any commercial solicitation purpose whatsoever, including to any other MyToons users.

  5. Website Account

    You must create an account in order to access certain features of the site. When creating your account, you must provide the requested Registration Information. To access your account, you will need to select a username and password. Please keep your username and password secure. You must notify us promptly of any unauthorized use or breach of security of your account. You may not use another person’s account without permission, register for more than one user account, register for a user account on behalf of another person, or register for a user account on behalf of any group or entity without the written permission of said entity. We will not be liable for any losses that you may suffer caused by unauthorized use of your account. However, you may be liable for any losses to MyToons or others due to such unauthorized use.

  6. Modification of This Agreement

    MyToons may change these Terms of Use at any time without further notice at our sole discretion. If we do so, we will post changes on this page, and indicate at the top of this page the date the changes were made. Changes will become effective immediately upon posting on this page. Your continued use of MyToons or the site after such changes constitutes your acceptance of the new Terms of Use. You are responsible for checking for changes to these Terms of Use and reviewing such changes.

  7. Third-Party Content, Sites and Service

    MyToons may contain features and functionalities that may link you to or provide you with access to third-party items that are independent of MyToons and the site, including other web sites, directories, servers, networks, systems, information in databases, applications, software, programs, content, information, products or services, and the Internet as a whole. MyToons has no control over, does not monitor, investigate or check for accuracy, appropriateness or completeness, and assumes no responsibility for, the content, security, privacy policies, or practices of any third-party items. MyToons cannot and will not edit or censor any third-party items. You access third-party items at your own risk, and we encourage you to be aware when you leave our site and to read the terms of use and privacy policy of third-party web sites. We do not approve of or endorse third-party items that you may access through the site. You expressly relieve us from all liability or loss arising from your use of any third-party item.

  8. Intellectual Property Rights

    According to this agreement, you own and shall continue to own your Submitted Content. MyToons does NOT own or claim exclusive rights to your Submitted Content. In exchange for the exposure and publicity generated for your Submitted Content by MyToons providing a site for broadcast through its own methods, affiliates, syndicators and licensees, and for other good and valuable consideration, you agree to the terms detailed below.

    Excepting only your own Submitted Content, MyToons shall exclusively own all right, license and title to all content on or submitted to us through this site, including MyToons, Submitted Content, animations, designs, graphics, video, scripts, interactive features, audio, text, information, software, sound, music, and all other content, and their selection and arrangement (the "Site Content"), and all intellectual property rights in and to the Site Content. Without limiting the foregoing, except for your Submitted Content, MyToons shall also own all right, license and title to any materials you add or create on MyToons, including all postings, reviews, ratings or other material you may create, all of the foregoing deemed to be part of the Site Content, accordingly, you hereby irrevocably assign to us all of your right, title and interest in any of the foregoing (including any right under copyright). We and our licensors reserve all rights in and to the site, MyToons and Site Content and your use of any Site Content is pursuant to a limited, fully revocable license from MyToons. You may not modify, distribute, use, publish, reproduce, copy, print, display, , upload, post, broadcast, license, transmit, sell, create derivative or collective works from, or otherwise exploit in any form or by any means or at any location, in whole or in part, any Site Content without our prior express written permission, except that the foregoing does not apply to your Submitted Content that you legally post to the site. We strictly prohibit any use of the site or the Site Content other than as specifically provided herein, without our prior written permission, and will terminate all licenses granted to you herein if you violate this prohibition. Unauthorized use of the site or Site Content may violate various laws, including copyright and other intellectual property laws, communication regulations, and data security, and privacy. Any license that you may have to this site and Site Content is limited to that expressly described in these Terms of Use, and we may revoke such license at any time without notice, with or without cause.

    MyToonsTM and all of our other marks, names, graphics, logos, designs, button icons, page headers, service names and scripts are our registered or unregistered trademarks, tradenames or trade dress. You may not use our trademarks or trade dress, whether as part of trademarks and/or as part of domain names or otherwise, in connection with any product or service in any manner that is likely to cause confusion with our products and/or services or likely to dilute the distinctive quality of our trademarks or trade dress. You may not copy, imitate or use, in whole or in part, any of our trademarks or trade dress without our prior written permission.

    You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the site, Site Content or MyToons. You may not attempt to defeat MyToons security features. You may not download files meant for streaming or locally save, copy or persist files intended for streaming only.

  9. Submitted Content

    MyToons may permit you to submit to MyToons animation or other content ("Submitted Content"), and MyToons may elect, in its sole discretion, to host, share, provide access to, reproduce, license, distribute, publicly display, publicly perform, and/or publish such Submitted Content in any media and manner. We do not guarantee that your Submitted Content will be kept confidential, regardless of whether or not such Submitted Content is published. We do not endorse any Submitted Content or any opinion or advice expressed therein, and we disclaim all liability in connection with Submitted Content.

    In connection with your submission of the Submitted Content, you may also be submitting certain personal information and/or elements, including but not limited to your name(s), trademarks, tradenames, voice, likeness, photographs, biographical materials and all other graphic and/or textual material to MyToons (all such items collectively referred to herein as the "Materials").

    In consideration of MyToons permitting you to submit the Submitted Content and potentially including such Submitted Content on MyToons, the MyToons site for broadcast or other affiliates, partners or licensees as provided for herein, you hereby grant to MyToons the non-exclusive, royalty-free, sublicensable, transferable, irrevocable right and license to exhibit, broadcast, stream, copy, host, cache, store, reformat, excerpt, analyze, reproduce, encode, compress, encrypt, translate, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the Materials and/or any portions or excerpts thereof, in any and all manners and forms for an unlimited number of times, in any and all media, manners and platforms, now known or hereafter invented (including all forms of television, Internet, and wireless transmission), throughout the universe, in perpetuity. The foregoing includes all necessary licenses to use the compositions and sound recordings of any music included in the Submitted Content in order to host, index, display, perform, synchronize, and distribute Submitted Content, and the right to modify Submitted Content to the extent technically necessary to index and display Submitted Content.

    You understand and agree that MyToons shall have the right to use the Submitted Content and the Materials to advertise, promote and publicize MyToons, and to permit the licensees and assignees of MyToons the right to advertise, promote and publicize their services in any and all media throughout the universe (including, but not limited to, the Internet). You further understand and agree that such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed or superimposed versions of the Materials. You also understand and agree that MyToons may use and authorize others to use your name, voice and likeness, as well as the name, voice and likeness of those individuals who rendered services in connection with the Submitted Content, in any and all media in relation to the advertising, promotion and/or publicizing of your Submitted Content, MyToons and the licensees and assignees of MyToons.

    Without limiting the foregoing, you expressly acknowledge and agree that MyToons shall have the right to: (i) include advertising for any entity, product and/or service in any Submitted Content, in any manner, including using pre-rolls, post-rolls, superimposed graphics, etc.; (ii) place advertising on any players or applications exhibiting, displaying, distributing or performing the Submitted Content (including run of site advertising, targeted advertising, contextual advertising), or any web page containing any Submitted Content, such advertising may be in the form of texts, graphic, video, a combination thereof or any other manner as determined by MyToons at its sole discretion and on terms determined by MyToons in its sole discretion; and (iii) license to third parties any Submitted Content, on terms determined by MyToons in its sole discretion, permitting such third party to exercise any or all of the rights with respect to the Materials granted to MyToons hereunder.

    In the event MyToons elects, in its sole discretion, to include your Submitted Content on MyToons and otherwise distribute your Submitted Content, the nature, timing, extent and all other manners and characteristics of MyToons' use of the Submitted Content and Materials (including your Submitted Content) shall be at MyToons' sole and absolute discretion. You acknowledge and agree that you shall not be entitled to any payments related to MyToons' (or any of its affiliates, licensees and/or distributors) use and/or exploitation of the Materials (including, but not limited to, your Submitted Content) or any excerpt therefrom. You further acknowledge and agree that MyToons shall have no obligation to notify you in any manner that MyToons has elected to include your Submitted Content on MyToons or otherwise distribute it. Any credit or attribution, if any, by MyToons and/or on the MyToons site to you or any other person in connection with the Submitted Content, shall be in a manner, nature and characteristic determined by MyToons in its sole and absolute discretion.

    You hereby expressly acknowledge and agree that submitting any Submitted Content does not guarantee that your Submitted Content will be used by MyToons and that (i) MyToons shall have no obligation to make any use or exploit thethe Submitted Content or the Materials in any manner, and (ii) MyToons may modify or edit your Submitted Content or request you to do so to ensure that the Submitted Content meets MyToons' accepted guidelines or for any other reason. You agree that any and all of MyToons' decisions regarding your Submitted Content shall be final.

    With respect to Submitted Content, you may not:

    1. submit material that is copyrighted, patented, protected by trade secret or otherwise subject to third-party intellectual or 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 us all of the rights licensed herein;
    2. publish false information or misrepresentations that could damage us or any third party;
    3. post advertisements or commercial solicitation;
    4. submit material that is obscene, defamatory, unlawful, threatening, libelous, harassing, pornographic, hateful, racially or ethnically offensive, infringing, abusive, inflammatory, vulgar, fraudulent, invasive of publicity or privacy rights (including addresses, phone numbers, e-mail addresses, Social Security numbers, credit and other financial account information of a third-party without that party’s explicit consent), threatening or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate or out of keeping with the site;
    5. impersonate another person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or agency (except that you may submit material that constitutes nondeceptive parody of public figures);
    6. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
    7. upload, post, transmit, share or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or malicious computer code, including files or programs designed to interrupt, destroy, limit the functionality of or gain unauthorized access to, any computer software or hardware telecommunications equipment; or
    8. upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the site, which may expose us or the site’s users to any harm or liability of any type.

    We will remove Submitted Content if properly notified that such Submitted Content infringes on another’s intellectual property rights, and we may do so without prior notice. We may also terminate your access to the site if you repeatedly infringe another’s intellectual property rights. We will deem you to be a repeat infringer if we notify you of infringing activity more than twice and remove any of your Submitted Content from the site more than twice. We will, in our sole discretion, decide whether Submitted Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as without limitation, pornography, defamatory or obscene material, or excessive length. We may remove such Submitted Content and terminate your access for uploading such material in violation of the letter or spirit of these Terms of Use or for any other reason at any time, without prior notice and at our sole discretion.

  10. Representations and Warranties

    As the creator of the Submitted Content, it is your responsibility to obtain all necessary permissions for all materials you use in creating the Submitted Content. For example, obtaining permission from all locations which you use for recording your Submitted Content, obtaining permission from all the people whose name, voice, image and/or likeness is included in your Submitted Content (even if they are not recognizable), obtaining permission to use all copyrighted works (such as music, artwork, writings, etc.), in your Submitted Content which you do not own, including any underlying materials on which your Submitted Content may be based on.

    Without limiting the foregoing, you hereby also represent and warrant that:

    1. the Materials and the Submitted Content are fully original to you;
    2. nothing in the Materials and the Submitted Content will violate or infringe on the rights or interests of any individual and/or entity, including, but not limited to, such individual's right of privacy and/or publicity;
    3. you are either 18 years of age or older as of the date of execution of this Submission Agreement or that this Submission Agreement is being executed on your behalf by your applicable parent/guardian(s);
    4. you have not violated any laws, statute, regulation and/or ordinance in the creation of your Submitted Content;
    5. if applicable, you have disclosed to MyToons all the co-creators of the Submitted Content;
    6. you have the full right and authority to execute this Submission Agreement, and no other person's permission or consent is required for MyToons to exercise the rights granted to it herein;
    7. you have obtained all permissions required for the Submitted Content as indicated above or otherwise necessary to allow MyToons to exploit the Submitted Content as provided herein;
    8. nothing in the Materials and/or the Submitted Content is and/or will be defamatory, libelous, pornographic and/or obscene; and
    9. nothing in the Materials and/or the Submitted Content contains an endorsement, sponsorship, or advertisement for any person, entity, product or service (including product placement, product integration or other similar arrangement where a third party provided you consideration for inclusion of their name, brand, product and/or service in any Materials and/or the Submitted Content).

    You acknowledge and agree that all of your representations and warranties shall be cumulative. You expressly acknowledge and agree that your breach of any of your representations in these Terms of Use will result in all of your Submitted Content submissions to be removed from MyToons and shall be a violation of these Terms of Use.

  11. Indemnification

    You will indemnify, defend and hold harmless us, our affiliates, AND EACH OF THEIR officers, directors, employees, consultants, agents, representatives, and contractors from any and all third-party claims, liability, damages, and costs (including attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the site, MyToons or any related products or software, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity (INCLUDING IN CONNECTION WITH THE MATERIALS). You agree to cooperate fully in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any matter without our written consent. The terms of this INDEMNIFICATION will inure to the benefit of our successors, assigns and licensees AND SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OF USE, INCLUDING IN THE EVENT YOU CEASE TO USE MYTOONS.

    The site, MyToons and all related products and software are designed for personal and legal use only. You are solely responsible for complying with all federal, state and local laws, rules and ordinances when using the site, MyToons, and all related products and software.

  12. Copyright Infringement Notification

    If you are a copyright owner or agent thereof and believe that any Site Content infringes upon your copyrights, you may notify us pursuant to the Digital Millennium Copyright Act ("DMCA") by submitting to us the following information in writing:

    1. identification of the copyrighted work that you believe to be 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;
    2. identification of the material that you believe infringes the copyrighted work, and that is to be removed or access to which is to be disabled, with sufficient detail to permit us to locate the material;
    3. a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
    4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address;
    5. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright at issue or authorized to act on behalf of the owner of such copyright; and
    6. your physical or electronic signature.

    Please address all notifications of claimed infringement to our agent for such notifications: Copyright Agent, MyToons LLC, 118 Broadway, Suite 316, San Antonio, TX 78205, fax: 210-212-7538 ("Agent"). Please note that only written notifications of copyright violations will be accepted. Please do not send any communication other than DMCA notices to the Agent. All feedback, requests for technical support, comments and other communications should be directed to our customer support service though available on-line forms. If you do not comply with the requirements of this section, your DMCA notice may not be valid.

  13. User Disputes

    You bear complete responsibility for your interactions with other users of the site. We may monitor disputes between you and other users, but are under no obligation to do so.

  14. Privacy

    Your privacy is important to us. The terms of our Privacy Policy are incorporated into these Terms of Use by reference. Please read our Privacy Policy.

  15. Termination of Service

    We may, at our sole discretion, delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the site or MyToons (or any part thereof), or modify or delete any text or other contributions to the site, immediately and without notice, and remove and discard any Submitted Content within the site, for any reason, including if we believe that you have acted inconsistently with the letter or spirit of these Terms of Use. We will not be liable to you or to any third party for any termination of your access to or use of the site or MyToons. You agree not to attempt to use the site or MyToons after such termination.

    The terms in Sections VIII, IX, X, XVI, XVII and XVIII shall survive any expiration or termination of these Terms of Use and shall remain in full force and effect regardless of whether you have ceased to use MyToons. We will have no obligation to retain any of your Submitted Content upon termination of this Agreement for any reason, but we may do so in our sole discretion.

  16. Disclaimers

    THIS SITE, MYTOONS AND ANY RELATED PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE, MYTOONS AND ANY RELATED PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK, THAT ANY MATERIAL OR DATA DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED OR TRANSMITTED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR (1) ANY BODILY INJURY OR DEATH TO YOU OR ANY THIRD PARTY THAT RESULTS FROM THE USE, DESIGN, MALFUNCTION, OR FAILURE OF THE SITE, MYTOONS OR ANY RELATED PRODUCTS OR SOFTWARE, OR (2) ANY DAMAGE OR LOSS TO YOUR PROPERTY OR ANY THIRD PARTY'S PROPERTY THAT RESULTS FROM THE USE, DESIGN, MALFUNCTION OR FAILURE OF THE SITE, MYTOONS OR ANY RELATED PRODUCTS OR SOFTWARE.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING, AND ASSUME NO LIABILITY, FOR THIS SITE, MYTOONS OR OTHER RELATED PRODUCTS OR SOFTWARE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MYTOONS OR RELATED PRODUCTS OR SOFTWARE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, THAT THE SITE OR RELATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, CURRENT OR ERROR-FREE, ERRORS, MISTAKES OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, MYTOONS OR RELATED PRODUCTS OR SOFTWARE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR MYTOONS BY ANY THIRD PARTY, PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT THE SITE OR ANY OTHER SITE, OR 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, E-MAILED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE SITE.

    WE ARE NOT LIABLE FOR ANY OF YOUR OR ANY THIRD PARTY'S DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT. ADVICE OR INFORMATION THAT YOU OBTAIN, WHETHER ORALLY OR IN WRITING, FROM US, THIS SITE, MYTOONS OR ANY OTHER THIRD-PARTY SITE LINKED INTO THE SITE, WILL NOT CREATE ANY WARRANTY OF ANY KIND.

  17. Limited Liability

    Any payments that you or others may make for access to or use of this site or MyToons are based solely on the value of MyToons or the site as described herein, and are unrelated to the value of your Submitted Content. We are not liable for losses that may occur in cases of malfunction or nonfunction of the site, MyToons or any related products or services.

    IN NO EVENT SHALL MYTOONS, 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 MYTOONS AND/OR ANY SITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MYTOONS (AND/OR ANY OF THE FEATURES OR SERVICES AVAILABLE ON MYTOONS), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 MYTOONS 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 SITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SITE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MYTOONS, 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.

  18. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. You expressly agree to the exclusive jurisdiction of the state and federal courts located in the county of Bexar County, Texas.

  19. Enforceability

    If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

  20. Miscellaneous

    This Agreement, as well as any software licensing agreements entered into between you and us, constitutes the entire understanding between you and us with respect to your use of the site, MyToons and all related products and software. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of this Agreement. You may not assign any of your rights, interests, or obligations under this Agreement. We may assign this Agreement without any prior notice to you. When used herein the term "including" shall be deemed to mean "including, without limitation." A printed version of this Agreement and of any message, notice or any information given in electronic form shall be admissible in arbitration, judicial, or administrative proceedings based on, arising out of or relating to this Agreement to the same extent and subject to the same conditions as any business documents and records originally created and maintained in printed form.

    By clicking the "Finish" button during the join process, and/or by continued use of this site, you acknowledge, just as if you have signed a written contract, that (1) you expressly agree to do business with us electronically for the matters covered by this Agreement and (2) you have read this Agreement in its entirety and agreed to abide by its terms and conditions.

 
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