General

(1)

www.toonity.com is a communication portal particularly aimed at friends of comics, cartoons and mangas which allows its members, inter alia, to place/produce profiles aligned to their own person, to get into contact amongst one another and to communicate with one another.

(2)

Via the toonity.com website, various offers (hereinafter referred to as "Services") are provided to registered members for use. Said Services or applications shall, inter alia, be: a) provision of so-called profiles ("MY PROFILE") and comparable functions for provision of data and contents (e.g. texts, images, graphics) which can be visible for all users, b) provision of functions for communication with members (e.g. dispatch of notifications and dispatch of messages to other members of toonity.com), c) production of comics, mangas and cartoons in the "COMIC CREATOR" and publication, commenting and assessment in the so-called "COMIC GALLERY".

§ 1 Application

(1)	These Terms with Annex 1 "Code of conduct", Annex 2 "Data protection directives" and Annex 3 "Safety information" shall regulate the relationship between the operator, STABILO International GmbH, the toonity.com website, the registered members and visitors as well as the relationship of the users/members amongst one another.
(2)	The terms shall apply to all services provided via toonity.com.
(3)	For participation in certain Services, you will possibly receive a notification that you must download software or contents and/or approve of additional terms and conditions of use ("Additional Conditions"). To the extent that the additional terms of use valid for these services do not provide to the contrary, they shall become an integral part of the Terms. The same shall apply to the "Code of Conduct" stated in § 4 sub-section 3 of these Terms (Annex 1 to these Terms).
(4)	With the use of the website and/or Services, you agree to be bound by these Terms, be it as a "visitor" (i.e. not as a registered member) or as a registered "member" (i.e. you have registered with toonity.com). The term "User" shall designate a visitor or a member. You shall only be entitled to use Services if you declare your agreement to complying with the valid laws and these Terms. Please read these Terms carefully and keep them.
(5)	With the use of the website or Services, you express your approval of these Terms.
(6)	If you do not approve of these Terms, you should leave the toonity website and end use of Services without delay.

§ 2 Membership and use

(1)	To become a member of toonity.com, you must register.
(2)	Registration is free of charge.
(3)	Each user may only register once and automatically assures upon registration that he is not a member and that no previous membership has been deleted.
(4)	Registration starts with a registration form, which can be obtained on the toonity start page. The user must state the necessary data completely and correctly if and insofar as they are not marked as voluntary statements. The use of artistic names, pseudonyms or such fantasy designations shall not be permitted. Registration with data other than your own shall not be admissible.
(5)	toonity.com shall confirm receipt of the data transmitted with the registration without delay by e-mail to the email address stated by the user in the registration. Registration shall only be completely finished when the user confirms this with the help of the activation link sent to him. Obtaining of this activation link shall result in origination of the contract concerning the use of the toonity.com website (hereinafter called "Contract for Use") between toonity.com and the User on the basis of these Terms.
(6)	If the registration is not done completely by 4 weeks after the call of the registration application, toonity.com shall delete the data transmitted by that time.
(7)	A claim to conclusion of a contract for use shall not exist.
(8)	After complete registration, the member can use Services via the login area.
(9)	If you would like to become a member, communicate with other members and use Services, you must read these Terms and, in the course of the registration process, expressly declare your agreement with them.
(10)	The contract for use can be terminated by the member at any time without statement of reasons and without periods of notice. Termination can be done under the "MY PROFILE" menu point.
(11)	toonity.com shall be entitled to ordinary termination of the contract for use with 14 days' notice. The right to termination for good and sufficient reason and to banning a member shall remain unaffected.
(12)	With termination, all person-related data of the member and also his profile shall be deleted.

§ 3 Services and declarations by toonity.com

(1)	Via the toonity.com website, various services are available to the registered members for use. The use of the website and Services connected therewith shall only be possible within the framework of the current state of the art. toonity.com shall provide the technical applications necessary therefor. It can be necessary to limit the use of certain Services on a temporary basis.
(2)	toonity.com shall not participate in the communication of the members with one another.

§ 4 Competitions, draws, promotion actions and similar

Competitions, draws, promotion actions and similar offered by toonity.com shall be subject to the terms of participation in question.


§ 5 Members´ duties

(1)	If you register as a member, you will be asked to choose a password. Secrecy of your password is solely and entirely your responsibility.
(2)	You agree never to use the account, the user name or the password of any other member or to notify your password to a third party. Over and above this, you agree to inform toonity.com without delay if you have the suspicion of unauthorised use of your account or access to your password. You alone are responsible for the use of your account.
(3)	Members alone are responsible for the contents which they provide and/or make accessible to other users/members on the toonity.com website via Services. The member must ensure that the contents used are legal, in particular do not breach any valid laws and do not infringe rights of third parties. Making contents accessible or propagating them via the toonity.com website is forbidden if and insofar as they breach statutory directives, rights of third parties or mores. Over and above this, all members are bound by the Code of Conduct (annex 1), which can be obtained via the "THE COMMUNITY" menu point.
(4)	Each member has the possibility of uploading an image file to add to his own profile ("MY PROFILE"). Before uploading an image file, the user must ensure that the exclusive rights of use to the image or the file accrue to him and public provision of the image file does not breach valid statutory directives, mores and/or the rights of third parties. If necessary, toonity.com can demand proof of the corresponding granting of rights from the member. If the maximum data quantity of the data which can be stored per member is exceeded by the upload of a file, the member will be informed accordingly. The member shall then have the possibility of making the upload possible by deleting old files.
(5)	Each member shall be obliged to take suitable precautions in order to secure information which can be seen and is stored via the toonity.com website (e.g. notifications within the message service) according to the state of the art. Therefore, the member shall be responsible for storing important information on suitable media or printing it out – best of all at the end of each and every use –, with the result that unlimited access to the data is also possible independent of www.toonity.com.
(6)	If, however, third parties make a valid claim against toonity.com, the member is obliged to completely release toonity.com from this claim immediately.

§ 6 Copyrights and other rights of the members to the contents on toonity.com.

(1)	By provision or publication of texts, files, images, photos, videos, sounds, works of music or copyrighted works or other materials (together referred to as "Contents") in toonity.com, you grant toonity and the operator, STABILO International GmbH, and its affiliates a limited licence to use, modify, publicly offer, publicly display, reproduce and propagate Contents on or via Services.
(2)	The licence which you grant toonity.com a) is not exclusive (that means you are free to license your contents to an unlimited number of other entities alongside toonity.com), b) is unlimited as regards time, c) is free of charge (that means toonity.com does not pay you any fees for the use of the contents provided and published by you), d) is sub-licensable (so that toonity.com can also make use of its affiliates and subcontractors, such as Internet content delivery networks, in order to offer Services) and e) applies world-wide (as the Internet and Services are offered globally).
(3)	This licence shall lose its validity when you delete your contents from Services. In such a case, toonity.com shall not obtain the right to you’re your contents or propagate them outside Services.
(4)	You declare and guarantee that: a) you are in possession of the content published by you via the toonity Services or are authorised in any other way to grant the licence defined in this section and b) the publication of Contents via the toonity Services does not breach data protection, utilisation, copyright, contractual or other rights of any other entities.
(5)	Services shall entail Contents from users and other toonity.com licensors. With the exception of the contents published by you, you shall not be allowed to copy, modify, translate, publish, assign, sell, offer, display or sell Contents provided in Services.

§ 7 Copyrights and other rights to Contents provided by toonity.com

(1)	toonity and the toonity.com Contents are protected, inter alia, by the Copyright Act, the Trademarks Act, the Patent Act and the Unfair Competition Act.
(2)	Further, toonity.com is in possession of all rights and hereby grants you limited, revocable licence not intended for re-licensing, in order to reproduce and display the toonity.com contents (without software code) exclusively for personal purposes in connection with the use of the toonity website and/or Services.
(3)	Claims arising from breaches of copyright or other infringements of rights can be reported to toonity ("CONTACT" menu point). If you are of the opinion that your work has been copied and published via Services in a way which means an infringement of copyright or that any other infringement of rights exists, then send the following information: a) an electronic or physical signature of the person authorised to act on behalf of the owner of the rights; b) a description of the infringement of the right; c) a description of the location within toonity where the infringement of the right can be found; d) your address, telephone number and e-mail address; e) a written declaration by you stating that you presuppose in good faith that the disputed use has not been approved by the owner of the copyright or the latter's representative or is not admissible by law; a declaration made by you under the threat of punishment for perjury stating that the information stated above in your declaration is correct and that you are the owner of the copyright or are authorised to act on behalf of the owner of the copyright, to the following address: toonity.com c/o STABILO International GmbH International Marketing - CRM Schwanweg 1 90562 Heroldsberg GERMANY or toonity@stabilo.com

§ 8 Consequences of breaches by users/members

(1)	toonity.com shall be entitled to take suitable measures without prior announcement in order partly or totally to limit, suspend, delete or end Contents and activities breaching these Terms, any possible additional terms and/or the code of conduct pursuant to Annex 1 or are objectionable, illegal or illicit and/or damage a person or threaten its security. toonity.com reserves the right to examine anyone breaching this provision and to take suitable legal steps, including, albeit not limited to the deletion of objectionable messages from Services and ending of the membership as well as bringing criminal charges.
(2)	In the selection of the sanction to be imposed, toonity.com shall include the justified interests of the user in question in the decision and, inter alia, also take into account whether merely faulty conduct without culpability exists or whether the breach has been committed culpably. The following measures and sanctions can be considered: a) partial and complete deletion of contents of a user, b) caution of a user, c) limitation/restriction in the use of applications on the toonity.com website, d) temporary blockage of a user, final banning of a user.
(3)	If a user is banned, he shall be forbidden from further use, inter alia pursuant to these Terms. In addition, a banned user shall be forbidden from applying for registration once more.

§ 9 Data protection

The use of Service shall additionally be subject to our data protection guidelines (Annex 2), which are an integral part of these terms.


§ 10 Limitation of liability, disclaimer, exclusion of liability

(1)	toonity.com shall be liable for: a) damage from injury to life, limb or health based on a deliberate or negligent breach of duties by toonity.com, a legal representative of toonity.com or a vicarious agent of toonity.com, b) damage covered by liability from the Product Liability Act, c) other damage based on a deliberate or grossly negligent breach of duty by toonity.com, a legal representative of toonity.com or a vicarious agent of toonity.com, d) damage caused by toonity.com’s slight negligence to the extent that said negligence is concerned with a breach of contractual duties, compliance with which is of particular importance for achievement of the contractual purpose (cardinal duties). In such cases, however, liability shall be limited to the damage which is typically connected with the contract and is foreseeable. The limitations of liability contained in sentences 1 and 2 shall also apply to the extent that liability for legal representatives and vicarious agents of toonity.com is affected. Apart from this, liability of toonity.com shall be expressly ruled out.
(2)	toonity.com shall assume no responsibility for faulty or incorrect Contents provided on the toonity website or in connection with Services, regardless of whether they are to be put down to the users of Services or to the equipment provided with Services or the programmes used therein.
(3)	toonity.com shall assume no responsibility for monitoring for unsuitable Contents or unsuitable conduct. The operator, STABILO International GmbH, shall assume responsibility neither for Contents nor for modification or deletion of unsuitable Contents and the conduct of the users publishing said Contents. If you establish abuse of toonity.com, please get in touch with toonity ("CONTACT" menu point).
(4)	You alone are responsible for the Contents which you publish via toonity.com and all materials or information which you transmit to other members and also for your interactions with other users. toonity.com does not approve these Contents and has no control over them. Contents are not necessarily examined by toonity.com before publication and do not necessary reflect the opinions and guidelines of toonity.com. toonity.com neither expressly nor tacitly assumes a guarantee for contents or the precision and reliability of contents, materials or information which you transmit to other members.
(5)	Profiles which members produce and publish on the toonity website can contain links to other websites. toonity.com is not responsible for the contents, the correctness or the opinions stated on such websites. These websites are in no way examined and monitored by toonity for their correctness and completeness. The existence of linked websites within Services shall permit no conclusions concerning approval or recommendation of the linked websites by toonity.com. If you call these websites of other providers, you act at your own risk.
(6)	toonity.com assumes responsibility neither for the advertising published by third parties on toonity.com nor for the goods or services offered therein.
(7)	toonity.com is not responsible for the conduct of the users, be it online or offline.
(8)	toonity.com assumes no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, failures of the communication lines or unauthorised access to or theft, destruction or modification of messages of the users or members. toonity.com is not responsible for problems or technical disturbances in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players as a result of technical problems or data jams in the Internet and/or the toonity website and/or Services or from a combination thereof.

§ 11 Claim to indemnity and damages

You agree to indemnify toonity.com and the operator, STABILO International GmbH, their affiliates and partners as well as their chairpersons and representatives, stockholders and members and to protect and hold them harmless against losses, liability claims or other claims, including suitable attorneys' costs, which third parties make on account or as a result of your culpable use of toonity.com in breach of contract and/or your culpable breach of this contract and/or a culpable breach of your declarations as stated above. This shall also apply if toonity.com is made liable by third parties for Contents which you culpably publish on the toonity website.
Over and above this, you engage towards toonity.com to pay damages to the corresponding extent.


§ 12 Miscellaneous

(1)	toonity is a trademark of Schwan-STABILO Schwanhäußer GmbH & Co. KG.
(2)	Taking the justified interests of toonity and the justified expectations of the consumers into due account, toonity.com reserves the right to change the free Services at any time, to deviate from them or to cease free Services. toonity.com shall inform its members of such changes in good time per e-mail.
(3)	toonity.com shall be entitled to amend these Terms at any time without stating reasons. toonity.com shall notify the users/members of such changes. Member's right of termination shall remain unaffected.
(4)	If a change is notified to a member pursuant to sub-section 2 or 3, the member can object to the changed directives within a period of 2 weeks. If the member does not object within the said period, the changed directives shall be deemed approved. If the member objects, toonity.com shall remain entitled to terminate the contract for use with two weeks' notice.
(5)	For the purpose of performance of the contract, toonity.com shall be entitled to make use of third parties.
(6)	Disputes in connection with Services, the present Terms or the Contract for use shall be governed by English law.
(7)	If a provision of these Terms is illegal, invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions.

Under the "CONTACT" menu point, you can get in touch with us if you have any questions on this contract.