In using this website (“Site”), You are deemed to have read and agreed to the following terms of service:
The following terminology applies to these Terms of Service (Terms), Privacy Statement and any disclaimer notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “the Company”, “Ourselves”, “We” and “Us”, refers to Our Company, Toondra Inc. “Party”, or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”). All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to the Customer in the most appropriate manner, for the expressed purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing Pennsylvania Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
All Rights Not Expressly Granted To You Under These Terms Are Reserved To The Company.
The Website allows You to order a Logo for a fee and We reserve the right to sell other related services such as but not limited to edits, changes or enhancements (collectively “Services”) to Your order, as may be described on the website. We may add, remove or modify Services from time to time. We may engage third party service providers (“Service Providers”) from time to time to provide certain Services.
2.1 We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the services Our Customers have paid. Moreover, as We endeavor to provide You better products/services We will also be using Your emails to promote Our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible Service to Our Customers. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
3. Toondra Questionnaire
3.1 In order to use Our Services, a special form (“Questionnaire”) will be automatically created for You. Your сompleted form is necessary for Us to securely deliver, store and serve You Your ordered Logo. During Your initial order, We will ask You for information, which may include but is not limited to, Your name, email address and other personal information. You must provide accurate, complete and current information to comply with Our requirements. Otherwise, We shall have the right to ask for missing information or cancel such Logo Order due to inaccurate, untrue, or incomplete information in the form.
4. Confidentiality Policy
4.1. During the course of Our relationship, You may disclose to Us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of Your Confidential Information, except as approved or directed in writing by You, and will use Your Confidential Information for no purpose other than for the Services. We will limit access to Your Confidential Information to only those employees, officers, directors, contractors, representatives and agents who are involved in providing Services to You. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, strategies, images, development, design and design details, marketing plans, etc.
4.2. Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.
4.3. Any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third parties, other than Our Service Providers and if legally required to do so to the appropriate authorities. We will not sell, share, or rent Your personal information to a third party. However, we reserve the right to use your email address to promote any new services or products including those invented or offered by our affiliates or partners currently or in the future. Moreover, as Our way of providing greater services and offers to Our valued customers, You may receive product offers in the form of marketing newsletters from us. However, You may choose not to receive such messages by opting out at any time through clicking the unsubscribe button in the email.
5.1 The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
5.1.1 excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
5.1.2 excludes all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
5.1.3 excludes any and all liability for unauthorized use, misplacement, infringement and any other unlawful act conducted by a third party associated with Your Logo created in Your Order.
6. Owner Of The Logo
6.1 You understand and agree that You shall be the sole owner of the Logo(s) created in Your Order only at the time when Logo(s) is/are final and do not assume any further revisions/changes/substitutes and all the fees associated with Our Services were properly paid.
6.2 Sole ownership shall pertain only to the final product which includes all .pngs files issued to Your order and approved by You. In case You want to make further changes, which are already beyond the scope of Our free revisions policy (see item 7.3), You shall separately pay for extra charges on requested changes solicited through Customer Support or any other communication channel with Us. In such case You agree that You allow Us to create a derivative work based on Your intellectual property and such derivative work Intellectual property rights will be expressly assigned to You upon final approval of all changes and full payment provided for such Services.
6.3 However, We reserve the right to use the Logo created in Your Order in marketing Our services and therefore You agree to provide Us with non-exclusive, royalty-free, indefinite license to market Our Services using Your Logo(s) in whole or in part.
6.4 We will exert all Our efforts to provide a unique Logo for You however similarities with other customers’ logos may still occur due to some design or format considerations. In case of similarities and without the knowledge that You have filed or acquired for the trademark of Your Logo, We will assume NO responsibility and/or liability as to the usage of other customers of the logos created for them which bear similarity or resemblance to Your Logo. Premises considered; We shall not be then held liable for violating Your trademark in any manner whatsoever. ‘We are not to be held liable if Your Logo(s) provided by Us intentionally or unintentionally, resemble the Logo(s) in whole or in part from another company, product or person which may result or be deemed copyright and/or trademark infringement.
6.5 The foregoing provisions and all other provisions pertaining to Your Logo shall also apply to any and all services provided by Us currently or in the future and it shall also apply when You opt to have Your Logo be designed by Our lead designer for an extra cost.
7. Revisions/Changes To Your Logo
7.1 Once Your order has been placed and confirmed, You agree that all the information provided on the checkout process is correct and verified by you.
7.2 When You receive Your Logo(s) You have ten (10) calendar days for approval or changes request before it is considered final. Once Your Logo is final You are not entitled to any free changes unless specified herein in Our Terms of Service.
7.3 You are entitled to three (3) free revisions to address the changes You want to have on Your Logo(s) before it’s considered final. However, changes shall only include minor redesigns and individual letter redesigns to the signature itself. For the undertags, We can only do resizing as the allowed revisions. Change in color and name spelling comes with a fee/charge except when the mistake is committed from Our end without Your participation.
7.4 Changes beyond the scope of the free revisions shall be paid separately via any method of payment considered valid by the Company. In case You want to have extended revisions other than those available changes provided in item 7.2, You shall pay a flat rate of $10 per revision.
7.5 If the changes requested go beyond the scope of a mere revision and rather constitute a whole new product which is substantially different from the previous version of a product submitted for changes or such revision is included into other paid (upgrade) Services which require a higher fee payment, We reserve Our right at Our sole discretion to request a higher rate for such revisions, which You shall submit before We proceed with changes mentioned herein.
8. User Conduct
8.1 In using the Website and Services, You agree that you will not:
8.1.1 violate any applicable laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any third party terms and conditions applicable to any Services that You use;
8.1.2 order any Service or otherwise use any Services in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of another’s right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”) of any third party; or otherwise objectionable;
8.1.3 impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or provide inaccurate information;
8.1.4 violate or attempt to violate the security of the Website or Services;
8.1.5 reverse engineer, decompile or disassemble any portion of the Website or Services;
8.1.6 “scrape” information from the Website or Services by automated means;
8.1.7 interfere with the ability of others to use the Website or Services;
9. Social Media Testimony.
We reserve Our right to use any publicly available testimony under Your Logo display post in all and any social media account for the purpose of Services promoting, marketing and advertisement. In such case We typically submit an additional permission but in case such permission has been granted You agree that any further withdrawal of such permission shall be void.
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Solicitors’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your Content, Your use of a Logo, Your use of any Services, or any breach by You or any user of Your data of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services ordered.
Changes To Terms
12.1 Company may modify these Terms at any time by posting changes on the Website; however, (i) these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, (ii) the changes will only apply with respect to Your use of the Website after such changes become effective, and (iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Website or Services. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Website or Services.
13. Law And Jurisdiction
These Terms and Conditions are governed by the laws of Philadelphia, the parties submit to the jurisdiction of the Court of Philadelphia regardless of conflicts of law rules, and Philadelphia Courts competent to hear appeals from them.
Please contact us with any inquiries or concerns at email@example.com
Toondra Inc. (“We” or “Us” or “Our” or “Toondra”) is committed to ensure Your privacy while providing the most unique services (“Services”) of its kind. If You want to become a user of the Service, You need to fill out the form (“Questionnaire”) through Our website. We will ask You to provide Us with a certain amount of personal information. Submission of such personal information is voluntary, but without it You may not be able to receive Our Services. Your submission of personal information in response to Our questions shall be voluntary, and Users may decline to answer Our questions at any time. However, by providing Your personal information, You consent to do so for the purpose of delivering to You the Service.
What Does The Personal Information We Collect Can Include?
Personal Information Provided by You: We collect first name, last name, email address, required product information, billing data.
How Do We Use Your Personal Data?
To provide and enhance the Service: We may use personal information data in-house in order to provide and enhance the Service, to improve the Customers’ experience.
To Which Extent And To Whom Does We Disclose Your Personal Data?
We use personal information collected via Our Services for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with you, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.
We use the information We collect or receive:
• To facilitate the service process. We use the information You allowed Us to collect to facilitate order creation and working process for the performance of the contract.
• To send administrative information to you. We may use Your personal information to send You product, service and other related information and/or information about changes to Our terms, conditions, and policies.
• Fulfill and manage Your orders. We may use Your information to fulfill and manage Your orders, payments, made through Our website.
• To enforce Our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
• To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond. We may disclose aggregate information about Users for such legal purposes.
• To deliver services to the user. We may use Your information to provide You with the requested Service.
• For other Business Purposes. We may use Your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, to evaluate and improve Our Services, products, marketing and Your experience. We will not use identifiable personal information without Your consent.
Will Your Information Be Shared With Anyone?
When You share your personal information with Us You give Your consent that We may process or share data based on the following legal basis:
• Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.
• Legal Obligations: if We reasonably suspect that Your personal data has been used for an unauthorized, illegal, or criminal purpose, You give Us express authorization to share information about you, Your personal data, and any of Your transactions with law enforcement. We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or take action regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.
• Marketing and Promotion of Affiliated Products or Services: We may disclose Your information to our affiliates and partners in order to promote Company-related products or Services.
What Safety Tools Are Being Used To Protect You Privacy?
We have implemented security measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, We cannot absolutely guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes.
You are responsible for restricting access to the Services from Your devices (e.g. compatible mobile devices and computer/s). You will immediately notify Us of any unauthorized use of Your personal data or any other breach of security so We could address it immediately and take the necessary course of actions.
For How Long Do We Keep Your Information?
When We have no ongoing legitimate business need to process Your personal information, We will either delete or anonymize it, or, if this is not possible then We will securely store Your personal information and isolate it from any further processing until deletion is possible.
What Are Your Privacy Rights?
In some regions (like the European Economic Area), You have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of Your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of Your personal information; and (iv) if applicable, to data portability. In certain circumstances, You may also have the right to object to the processing of Your personal information. To make such a request, please use the contact details provided herein. We will consider and act upon any request in accordance with applicable data protection laws.
If We are relying on Your consent to process Your personal information, You have the right to withdraw Your consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal.
Opting Out Of Email Marketing
You can unsubscribe from Our marketing email list at any time by contacting Us via Our Contact Center by email at firstname.lastname@example.org. You will then be removed from the marketing email list – however, We will still need to send You service-related emails that are necessary for the administration.
Information From Minors Regulation
Our Site and Services are not directed to children. Access to and use of Our Services is only for those over the age of 18.
California Residents Privacy Rights
California Civil Code Section 1798.83 permits Our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) We disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which We shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to Us using the contact information provided below.
If You are under 18 years of age, reside in California, and are a user of the Services, You have the right to request removal of unwanted data that You publicly post on the Services. To request removal of such data, please contact Us using the contact information provided below, and include the email address associated with Your personal data from the website and a statement that You reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from Our systems.
Types Of Cookies
The following types of cookies may be used when You visit the Site:
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let Us know what features on the Site are working the best and what features on the Site can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in Your browser, but may affect the functionality of the Site.
SITE MANAGEMENT COOKIES
Site management cookies are used to maintain Your identity or session on the Site so that You are not logged off unexpectedly, and any information You enter is retained from page to page. These cookies cannot be turned off individually, but You can disable all cookies in Your browser.
If You have questions or comments about this policy, You may contact Us by email at email@example.com
1. You acknowledge and agree that the product that We develop for You is a customized artistic product, and as such a refund or replacement will not be provided in the event that You merely do not like the product. Although we are committed to provide You with a Logo that You love, we cannot guarantee 100% satisfaction. This is particularly so given the fact You are entitled to the number of revisions stated on item 7 of this Terms of Service. Please note that Our fees and quotes are subject to change without notice.
2. In the event that You or another person on Your behalf opens/commences any PayPal dispute, credit card processor dispute or other similar dispute in relation to the payment of the fee You paid to Us, You agree to close or withdraw such dispute within 24 hours of us, PayPal or any other relevant provider (“Payment Provider”) providing You with evidence that We have sent You the Product. In the event You do not close or withdraw such dispute, You hereby authorize and direct the Payment Provider to close/withdraw the dispute on the provision of these terms and conditions by Us to the Payment Provider along with a copy of the delivery of the Product by Us to You. Unless Your order has been paid in full you do not own any intellectual property rights to a Product provided by Us. If such payment is withdrawn any and all intellectual property rights shall be transferred back to the Company. You hereby indemnify Us for any loss or damage suffered by Us as a result of Your failure to comply with Your obligations under this clause. You are entitled to the number of revisions as stated on the Website in respect of the Product purchased by you.