2. UPDATES TO THE TERMS. We reserve the right, in our sole and absolute discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site.
4. AGE RESTRICTION. The Site is not intended for children under the age of thirteen (13). When you access or use the Site, you represent that you are 13 years of age or older and that you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement. We have no intention of collecting any personal information from individuals younger than the age of thirteen (13). Parents and guardians are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.
5. EXTERNAL LINKS DISCLAIMER. The Site may contain links to third-party websites that are not operated or controlled by Toronado. If you choose to click on these links, you do so at your own risk. Toronado does not monitor or have control over, and makes no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. Toronado establishes links to other websites for the convenience of its users; however, such links are not intended to be endorsements of the other websites. When you leave the Site, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and you should undertake whatever investigation you feel is appropriate before proceeding with any transaction with any third party.
6. TORONADO INTELLECTUAL PROPERTY. The Site, and all content and other materials on the Site, including, but not limited to, the Toronado logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software, as well as any emails or documents prepared and/or sent to you by Toronado, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws. Toronado, the Toronado logo, and any other product, service name, or slogan contained in the Site are trademarks of Toronado and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Toronado and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Any exception to this Section 6 of the Terms shall be made on a case-by-case basis and is only valid if in writing and signed by us.
7. LICENSE AND RESTRICTIONS. We grant you a limited, non-sublicensable, non-exclusive, and revocable license to access and make use of the Site and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.
8. DIGITAL MILLENNIUM COPYRIGHT ACT. Notices of alleged copyright infringement on the Site must comply with the Digital Millennium Copyright Act (“DMCA”), which can be found on the website of the US Copyright Office. To file a notice of infringement, send an email to firstname.lastname@example.org with an attached and signed PDF containing the following:The exact, permanent URL on the Site of each allegedly infringing image, video, music, text, or other content that you wish to have removed;Your email address and telephone number;Proof of your copyright regarding the content in question; andThe following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
9. REPRESENTATIONS. By using the Site, you represent, warrant, acknowledge and agree to the following:
- Your use of the Site is in accordance with and does not violate these Terms;
- Any and all information you provide to us is truthful and accurate;
- You will not upload, email, or otherwise share or transmit any text or image that is unlawfully threatening or harassing, obscene, harmful, hateful, contains nudity of pornography, or is otherwise objectionable.
- You will not use the Site in any manner that may: Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights; Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Site.
10. OUR RIGHT TO TERMINATE USERS. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
12. ASSIGNMENT. Toronado may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Toronado’s obligations thereunder.
13. SEVERABILITY. If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
14. WAIVER. Any failure by Toronado to enforce any provision contained in these Terms will not be construed as a waiver by Toronado of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.
15. HEADINGS AND CONSTRUCTION. The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.
16. JURISDICTION AND GOVERNING LAW. These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in Los Angeles County in the State of California.
17. ENTIRE AGREEMENT. These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Site. It is expressly warranted by you that no promises or inducements have been offered except those set forth in these Terms.
REPORTS AND ADDITIONAL INFORMATION. If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to Toronado Entertainment, LLC, 7972 West 4th Street, Los Angeles, CA 90048, or by by email to email@example.com. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and we may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.