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TooHooT

Terms & Conditions

Last updated 10th March 2017

Welcome to our Terms and Conditions.

These Terms and Conditions of Use (“Terms and Conditions”) represent our terms of service and govern our relationship with those (“you”) that use and interact with the TooHooT online application (“TooHooT” or “us”). By registering with TooHooT, or/and by using any of its products or services (“TooHooT Services” or “services”) you agree to these Terms and Conditions. These Terms and Conditions will be regularly updated and constitute a binding and enforceable legal contract between TooHooT and you - so please read them carefully.

If you do not agree to these Terms and Conditions, you must leave the TooHooT website and cease to use our services.

General Liability Notice: The public nature of the site makes it impossible for TooHooT to vouch for the truth, accuracy or honesty of the uploaded or posted content from individual contributors (“User Content” or “content”). We are not responsible for any user content, nor the consequences of viewing that content. The views expressed in them are those of the contributors, who accept total responsibility for the content. If you find any content on this site to be offensive or objectionable, please contact us with details of the content and its location. If we determine that removal of content is necessary, we will make reasonable efforts to do so in a timely manner.

General Warranty: TooHooT will make every effort to ensure the proper operation of the website servers, website software, and the Internet connection to these servers, but cannot guarantee availability. TooHooT will make every effort to provide a free and open content environment within the boundaries of the Terms and Conditions that does not contain disruptive, abusive, or threatening material, but cannot guarantee that all such material will be found and removed within any specific timeframe.

Privacy

Your privacy is very important to us. Please consult our Privacy Policy to understand what we do with your personal content and information.

Payments

If you make a payment on TooHooT, you agree to our Payments Terms unless it is stated that other terms apply.

Account Security and Registration

When you register for our site, the only requirement is a functioning email address to confirm your registration. You set your password at the point of registration, which must be kept safe and secure by you. You will receive emails from TooHoot e.g. giving you important account information; but you can unsubscribe from these at any time. Your email address will never be shared with any other party, as per our privacy policy.

You must provide truthful and accurate information when registering an account with TooHooT. In the first instance the email address you register your account with, is our means of determining that you are the owner of that account. Where services have been paid for, TooHooT will consider the account owner to be the person or company who’s billing details were used to make the payment.

TooHooT shall reserve the right to determine ownership of TooHooT User Content or TooHooT Creations.

It is important that your login credentials are kept confidential as any actions carried out by persons other than yourself, using your account credentials, will be deemed to have been carried out on your behalf. Your personal account information must be kept up to date.

You must not create an account for another person, or create more than one personal account. If your account is disabled, you cannot create another without the written permission of TooHooT.

You cannot use TooHooT if you are under 13.

We reserve the right to remove or reclaim a username.

Your content and information

TooHooT enables you to upload your own content (“User Content”) and then make use of that content (by using our services) in your online creations (“TooHooT Creations”), such as websites and film strips.

You must own all of the content and information that you upload to TooHooT, including any text, photos, videos, graphics, recordings, documents, artwork, and any other materials that it is possible to upload. TooHooT User Content must be (and must continue to be) non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or those visiting and using your TooHooT Creations reside.

You agree to not upload or post any copyrighted material, material belonging to another person, nor link to any copyrighted material without providing proper attribution.

You can control who sees your content and who can share your content in various places throughout the application. Please see our privacy policy for more details.

Any material that has been uploaded or posted that is judged by TooHooT to be unlawful, indecent or inappropriate can be instantly removed and the associated account closed down.

By using our services you agree that:


Copyright


Content Copyright - By posting/ uploading to our site, you relinquish all exclusive copyright privileges to the material you post and you grant TooHooT non-exclusive, non-revocable rights to publish your posts in perpetuity in all forms in any and all media now known or later invented. TooHooT has the authority to decide to display your content or not, and modify your content to remove offensive material, modify your content to accurately reflect content, remove vulgar comments, remove insults or delete any other content deemed inappropriate, at TooHooT’s discretion.

Digital Millenium Copyright Act (DMCA) Agent; Digital Millennium Copyright Act

It is the policy of TooHooT to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This section describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any TooHooT sites, including toohoot.com, becomes the subject of such a notice.

Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with TooHooT’s rights and obligations under the DMCA and do not constitute legal advice.

Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users. If we remove or disable user access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.

Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.

By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or user to the same service, since you may have granted a license for some or all uses of your works at that TooHooT site.

If you are a copyright owner or an agent thereof and you believe that any content or link on one of TooHooT’s sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:

(1) Your physical or electronic signature;

(2) Identification of the copyrighted work or works claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;

(4) Information to permit TooHooT’s agent to contact you: your address, telephone number and email address;

(5) A statement that you 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; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Counter-Notification

In some instances a customer of one of TooHooT’s services who has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page or site on one of TooHooT’s services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.

To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.

Designated DMCA Agent

TooHooT’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:

Roger Wyatt

TooHooT Ltd

Redmoor,

1 Foxes Row,

Carharrack,

Cornwall,

United Kingdom

TR16 5RY

info@toohoot.com
Phone: +44(0) 1326330066 ext 146

Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.

Guarantees, Warranties and Liabilities

No Guarantee, No Warranty: TooHooT makes no claim or warranty, implied or otherwise, that guarantees the availability of the free services offered under its domains. THE CONTENT AND OTHER MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOOHOOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOOHOOT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOOHOOT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TOOHOOT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability: Under no circumstances, including, but not limited to, negligence, shall TooHooT be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if TooHooT or a TooHooT authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TooHooT’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Amendments to these Terms and Conditions

  1. We’ll notify you before we make changes to these terms and conditions and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  2. Your continued use of the TooHooT services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Termination of use

Violation of any aspect of the Terms and Conditions of use are subject to immediate banning of your username/IP from the site and/or the removal of your email/password from the database. You agree that in all disputes of any type regarding any transgression or disagreement with the policies of TooHooT, the decisions of TooHooT are final.

You may delete your account and associated content at any time.

Final Remarks

These Terms and Conditions are an agreement between you and TooHooT Ltd. These Terms and Conditions make up the entire agreement between the parties regarding TooHooT, and supersedes any prior agreements. If any portion of these Terms and Conditions are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent us from complying with the law. These Terms and Conditions does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing TooHooT.