1. Community Guidelines
Many Tobuscus Services have interactive elements. The following rules of conduct apply to all Tobuscus Services.
- You must be 18 years or older to use these Services or have parental consent.
- You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your registered screen name.
- You may not impersonate another person or represent yourself as affiliated with Tobuscus or Tobuscus’s staff.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate, or intimidate other Tobuscus users.
- You may not use web URLs in your name or posts without prior written consent from Tobuscus
- You may not use the Tobuscus Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via Tobuscus.
- 1You may not intentionally misrepresent any items or services given, shared, or sold via Tobuscus.
- You are responsible for ensuring and being able to verify that you have legal standing to offer items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using Tobuscus.
- You are responsible for your conduct and any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials ("Content") that you submit, post, and display on Tobuscus.
- Tobuscus does not control, is not responsible for and makes no representations or warranties with respect to any user content.
- You are responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
- In compliance with COPPA, if you find someone 13 years old or younger using the service without parental consent, please contact us.
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to Tobuscus, by the user. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by Tobuscus in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Tobuscus encourages you to maintain your own backup of your Content. Tobuscus will not be liable to you for any modification, suspension, or discontinuation of the Tobuscus Services, or the loss of any Content.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
2. General Terms
- You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by our Service.
- You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from Tobuscus including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
- You may not create or submit unwanted email or comments to any Tobuscus users ("Spam").
- You may not gather and use information, such as users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
- You may not transmit any worms or viruses or any code of a destructive nature.
- You may not, in the use of Tobuscus services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of this agreement can result in the termination of your Tobuscus account. You also agree to indemnify and hold Tobuscus harmless as indicated in the indemnification section below.
- While Tobuscus prohibits certain conduct and content on its site, you understand and agree that Tobuscus cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Tobuscus service at your own risk.
3. General Conditions
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates intellectual property rights, defames, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
4. Proprietary Rights in Content on Tobuscus
- Tobuscus does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or submit through the Tobuscus Services. By posting, uploading, embeding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the Tobuscus Services, you hereby grant to Tobuscus a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sublicensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights ("Rights"). This grant allows Tobuscus to use, modify, publicly perform, publicly display, reproduce, distribute, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, through any media channels, known or unknown.
- Some of the Tobuscus Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tobuscus may place such advertising and promotions on the Tobuscus Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the Tobuscus Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Tobuscus Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Tobuscus Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Tobuscus Services per the indemnification provision below.
- Tobuscus owns and retains all rights in the Tobuscus Content and the Tobuscus Services. Tobuscus hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Tobuscus Content (excluding any software code) solely for your personal use in connection with viewing postings and using the Tobuscus Services.
- The Tobuscus Services contain Content of Users and other Tobuscus licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the Tobuscus Services.
- To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
- Without limiting the scope of the License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
- By Posting to the Services, you waive any right to send a copyright or terms of service related account strike on any of Tobuscus’ third-party accounts based on the Content you Posted or any work derived from that Content.
5. Notice and Takedown Procedure for Copyright Complaints
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Tobuscus as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of Tobuscus will comply with applicable copyright laws. However, if Tobuscus receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
6. Designated Agent
Tobuscus’s Designated Agent to receive notification of alleged infringement under the DMCA is:
12400 Ventura Blvd #276
Studio City, CA 91604
Upon receipt of proper notification of claimed infringement, Tobuscus will follow the procedures outlined herein and in the DMCA.
7. Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tobuscus's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the copyrighted work claimed to have been 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tobuscus to locate the material;
- Information reasonably sufficient to permit Tobuscus to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The 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"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
8. Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Tobuscus's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, Tobuscus will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Tobuscus will replace the removed material or cease disabling access to it in 10 business days. Tobuscus will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
9. Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Tobuscus will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
10. Accommodation of Standard Technical Measures
It is Tobuscus's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Tobuscus determines are reasonable under the circumstances.
You agree to indemnify and hold Tobuscus harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your (i) use or misuse of, or access to the Service, or the use of the Service, (ii) violation of the Terms of this agreement, by any person using your account, violates any applicable law or regulation, or the rights of any third party; (iii) your Content; (iv) your (a) interaction with any users, (b) transfer of any item, (c) creation of an item post or (d) the use, condition or suitability of a given item by you, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of request for or use of an item.
12. Integration with Third Party Services
If you are using the Tobuscus Service combined, integrated, or used with third party products, software applications, or website ("Third Party Service[s]"), you agree that: (i) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of Tobuscus or the Service, may be diminished when operating through a Third Party Service; (iii) Tobuscus cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.
Tobuscus and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Tobuscus reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Tobuscus website, by sending you notice through the Service, or via email. Tobuscus may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Tobuscus may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
17. Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN THE ALTERNATIVE, IF NOT AMOUNT WAS PAID FOR THE SERVICE, IT SHALL NOT EXCEED $100. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF TOBUSCUS OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, Tobuscus’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with Tobuscus, you agree to first attempt to resolve the dispute with us informally. In the unlikely event that Tobuscus has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration.
Unless you and Tobuscus decide otherwise, arbitration will be conducted in Los Angeles, California unless objectively, unduly burdensome to one party. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOBUSCUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20. No Unsolicited Submissions.
Our company policy does not allow us to accept or consider unsolicited idea submissions so please do not Post unsolicited idea submissions on or through any Tobuscus Services. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Post any unsolicited idea submission. In any event, you agree that any submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated consideration).
21. Additional Apple Terms
The following additional terms apply to copies of Tobuscus Services that are accessed through or downloaded from the Apple App Store ("App Provider"). In the event that you have acquired the Service via the Apple App Store, you agree that,
- These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
22. Additional Google Play Store terms
In the event that you have acquired the Service via the Google Play Store, you agree that,
- You may request a refund (if applicable) from the App Provider within 48 hours. The App Provider will refund the purchase price (if applicable) for the App to you.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- When you acquire App/Service via the App Provider you are allowed unlimited reinstall of the application. However, should the App be removed from the App Provider’s store, users shall no longer have a right or ability to reinstall affected products.
23. Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles.
24. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
26. Entire Agreement
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
27. Questions & Contact Information
Please contact us [ firstname.lastname@example.org ] if you have any questions about our Terms.
Alternatively, Tobuscus can be contacted at:
12400 Ventura Blvd #276
Studio City, CA 91604
Effective Date: February, 20th 2013