TOONAMES' POLICIES
POLICIES NAVIGATION
TOONAMES' TERMS AND CONDITIONS OF USE
These terms and conditions (this “Agreement”) are by and between Toonames (“Toonames.com”) a Florida corporation, and you, your agents or assigns (“You” and “Your(s)”), each side a “Party” and together, “the Parties”. This Agreement sets forth the terms and conditions of use of any service that are offered on the Toonames plateform. These terms explains Toonames.com obligations to You and Your obligations to Toonames.com concerning the offered Services.
GENERAL TERMS OF USE
BY ACCESSING THE www.toonames.com WEBSITE, USING ANY SERVICE THAT IS PROVIDED, SUBMITTING ANY CONTACT INFORMATION, REGISTERING OR PURCHASING OUR PRODUCTS/SERVICES, AND/OR EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME BY Toonames.com IN THEIR SOLE AND ABSOLUTE DISCRETION). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE AND DO NOT USE THE Toonames.com SERVICES. BY CONTINUING TO USE THE SERVICES OFFERED BY Toonames.com FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, Toonames.com provides services through the www.toonames.com website that displays a Toonames.com web page, that controls users who wish to buy, sell, or obtain other services offered on this toonames.com website; and
WHEREAS, You wish to obtain one or more of the Services;
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained here, and for other good and valuable consideration here, with the receipt, adequacy and sufficiency of which are hereby acknowledged, Toonames.com and You, intending to be legally bound, hereby agree as follows:
Term of Agreement, Modification, Termination
You agree that Toonames.com may modify this Agreement and the Services from time to time. You agree to be bound by any changes Toonames.com may reasonably make to this Agreement when such changes are made. If You have purchased Services from Toonames.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. You agree that Toonames.com shall not be bound by any representations made by third parties who You may use to purchase Services from Toonames.com, and that any statement of a general nature, which may be posted on Toonames.com or contained in Toonames.com promotional materials, will not bind Toonames.com. Toonames.com may, at times, offer certain promotions with different charges and features. Toonames.com may, in our sole discretion, add, delete or change any of the services provided or fees charged by Toonames.com. These will be binding on the date that they become effective, similar to any other revision that is made to this agreement.
You agree that You will be responsible for notifying Toonames.com should You desire to terminate Your use of Toonames.com Services. Notification of Your intent to terminate must be provided to Toonames.com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. You agree that Toonames.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services provided by Toonames.com under this Agreement immediately and without any notice. Without limiting the foregoing, Toonames.com may terminate this Agreement if Toonames.com determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other Toonames.com policies; or if Toonames.com determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided Toonames.com is found in Toonames.com sole discretion to be false or that Toonames.com has been unable to authenticate or verify the veracity of such information.
1. This Agreement begins on the date that you first create a User Account with Toonames and will terminate at the later of the date that your User Account is terminated or closed, or you otherwise cease using the Services.
2. If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, you will again become bound by this Agreement at that time. For the avoidance of doubt, any provisions which are intended to or customarily survive termination of this Agreement or a like agreement shall survive termination.
3. Toonames may terminate this Agreement and your User Account at any time for any reason whatsoever with or without notice to you.
4. Upon the termination of this Agreement:
5. Toonames will, within a time period determined by Toonames, withdraw the use of the Services from you.
6. Any Toonames Points you hold will be cancelled immediately.
Eligibility of Use
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through Toonames.com. By completing the registration information, by opening an account with Toonames.com, or otherwise participating in commercial activity conducted through the Toonames.com, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. Toonames.com reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.
Information and Privacy
Even though prohibited by this Agreement and by Toonames.com general policies, people may provide information that is false, harmful, or deceptive. Toonames.com has a Privacy Notice that covers its use of your information https://www.toonames.com/data-privacy-policy/ which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. Toonames.com will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Notice. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through Toonames.com and the Services provided therein. Toonames.com may take any action with respect to such information Toonames.com deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our Services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the Toonames.com Privacy Notice and to further the goals contemplated by this Agreement.
Accurate Information and Verification
You agree to maintain accurate information by providing updates to Toonames.com as needed while You are using Toonames.com’s Services. You agree You will notify Toonames.com within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Toonames.com to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that Toonames.com may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Toonames.com Privacy Notice. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Toonames.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Toonames.com has the absolute right, in its sole discretion, to terminate its Services and close Your account.
No Improper Use or Unlawful Conduct
As a condition of Your use of the Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid for the Services if, for any reason, Toonames.com takes corrective action with respect to Your improper or illegal use of the Services.
Toonames.com reserves the right at all times to disclose any information as Toonames.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Toonames.com sole discretion.
If You have purchased Services, Toonames.com has no obligation to monitor Your use of the Services. Toonames.com reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Toonames.com reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever. Toonames.com reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Toonames.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Toonames.com may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed Toonames.com levels. Except as set forth below, Toonames.com may also cancel Your use of the Services immediately and without notice if You are using the Services, as determined by Toonames.com in its sole discretion, in association with spam or morally objectionable or illegal activities. Morally objectionable or illegal activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. You agree You will not be entitled to a refund of any fees paid to Toonames.com if, for any reason, Toonames.com takes corrective action with respect to Your improper or illegal use of its Services.
Intellectual Property
You agree that Toonames.com or its licensor holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.
You understand and agree that all content and materials contained in this Agreement, other policies, Toonames.com, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Toonames.com or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Toonames.com or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
Limitation of Liability
IN NO EVENT SHALL TOONAMES.COM OR ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TOONAMES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Toonames.com liability is limited to the full extent permitted by law. You agree that in no event shall Toonames.com maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from Toonames.com.
Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Toonames.com also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Entire Agreement, Merger, Severability
This Agreement, incorporating any other applicable Toonames.com policies and any modifications that may be made hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
TERMS OF SALE
Here are the terms that bind Toonames ( Toonames.com ) a Florida corporation, to its Customers, and any person who wishes to purchase the products or services that are offered on the www.toonames.com website. BY PURCHASING OUR PRODUCTS AND SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE BY THE FOLLOWING TERMS.
Toonames Provides a Name Stock
Toonames is a platform that allows a global community of name creatives to submit name ideas available as domain names and/or brand names, and at the same time allows its customers to access to this collection of names by purchasing an access package. Toonames uses its structure to check the availability of submitted names before integrating them into the Name Stock. The availability of any Name included in the Name Stock may vary over time. It can be registered by anyone, and from any platform, as a domain, or as a trademark. Therefore, Toonames does not guarantee the availability of all Names that exist in the Name Stock. When you purchase a Name Stock access package, We only grant you access to our collection of Names, if you wish to register a Name as a domain or as a trademark, we recommend that you check the availability of this name, as a domain, then as a trademark, and then to ensure that it does not infringe on any trademark already registered, before registering it.
Contracts Between Buyers and Toonames
Here are the terms that bind Toonames to any client who accesses to the Names Stock. By purchasing an access package to the Name Stock, you acknowledge having read and accepted the terms of this contract.
Access to the Name Stock
By purchasing an access package, the Client obtains limited access to our stock of available domain names. This Agreement does not confer any other rights or guarantees beyond those specifically mentioned in this document.
a) Purchasing an access package grants you the right to view and choose from the available names in our stock. No other rights or guarantees are granted to the Client beyond this access.
b) Toonames guarantees that the names listed as available are only available as domain names at the time of consultation. Due to the complexity and diversity of trademark databases worldwide, we cannot guarantee the availability of names as trademarks.
Trademark Availability Verification
c) Toonames does not guarantee that the names in our stock do not infringe on existing trademarks. It is the Client’s responsibility to verify and ensure that a chosen name does not violate existing intellectual property rights before registering or using the name. We strongly recommend consulting legal professionals or appropriate databases for this verification.
Limitation of Liability
Toonames disclaims any liability for any loss or damage resulting from the use or inability to use a chosen name from our stock, including but not limited to trademark conflicts, legal disputes, or financial losses.
Acceptance of Terms
By purchasing and using an access package from Toonames, the Client expressly accepts the terms and conditions set out in this Agreement. If the Client does not accept these conditions, it is advised not to purchase an access package.
Modification of the Agreement
Toonames reserves the right to modify the terms of this Agreement at any time. Changes will be effective upon their publication on our website. It is the Client’s responsibility to regularly review the terms of this Agreement.
Links To Third Party Content
You may find on the Website links to other websites. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites, or their content, advertising, or products. The inclusion of any link on the Website does not imply that we endorse the linked website. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
BILLING AND REFUND POLICY
When you purchase a Name Stock access package, you will be charged the purchase price listed for each package. This price includes all taxes, as well as other fees related to the processing of this transaction. Toonames never charges its customers beyond the price indicated for each access package.
Refund Policy
Toonames offers any customer who has purchased a Business or Enterprise Name Stock access package, the possibility to request a total refund of the exact amount paid when purchasing the access package in question. As specified, only Business or Enterprise access packages are eligible for a refund plan, and the purchased package must be less than seven calendar days old. The customer with a Business or Enterprise Name Stock access package, and who is not satisfied with our Name collection must send a refund request for their package, no later than one week after their purchase. After 07 calendar days, any refund request will no longer be possible.
Forms of Payment
Toonames currently accept several payment methods including Credit Cards (Visa, MasterCard, American Express, Discover, JCB… ), and PayPal. This list is not exhaustive, other payment methods may be available depending on the country where the customer is located.
Invoicing
Customers will be invoiced via email after purchasing any of our products/services. If you purchase a Name Stock access package, you will receive an invoice email which will also serve as notification of the beginning of your access to the Name Stock, and your access expiry date.
NAMES SUBMISSION RULES
Our Names Submission Rules are under revision. Please get back later.
NAME CREATIVES GUIDELINES
Our Name Creatives Guidelines are under revision. Please get back later.
Last Update : December 2023.
