Terms and Conditions
“Welcome to Tootifruity“Tootifruity (“Tootifruity”, “we”, or “us”) provides a social network for teenagers 13¬19 years of age that allow you (“you”) to make new friends (the “Services”).
By browsing the Tootifruity Site or using the Services, all visitors and subscribers agree to the terms of this Section 1 and the “Visitor Terms” set forth in Section III below. By creating an account with Tootifruity, you also agree to the provisions of Section II below.
You may establish a free account (a “Free Account”) to use the Services. You may have only one Free Account at a time. If there is no activity on your Free Account for a period of 90 days or more, your Free Account may be automatically terminated.
Requirements to Use the Services.
To use the Services, you must set up a Tootifruity account, be at least 13 years of age and have your parent or guardians consent to use the site. You’ll need to have a computer with Internet access and, to use mobile phone features, a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. We recommend that you use Wi-Fi in order to avoid mobile phone network charges. All wireless charges, equipment and third party services and related costs and expenses that you use to access Services are your sole responsibility. For all digital files and/or data that you use e or upload using our Services, you represent and warrant that you have the right to use such materials and that such materials do not violate any third party rights or agreements. You also understand and agree that the Services may include certain communications from Tootifruity, such as third party advertisements and services, service announcements and administrative messages, and that these communications are considered part of your membership. Tootifruity and its third party and cobranded partners also may send you special offers, promotional offers and news about Tootifruity and its offerings.
License to Use the Services and Software.
a) Subject to these Terms, Tootifruity grants you a non-exclusive, non-transferable license when you set up a Tootifruity account, to: (I) download and install Software on devices within your possession and control, subject to limitations for Free Accounts and other device limitations as required by Tootifruity from time to time; And (ii) use the Software to access and use the Services for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other rights in respect to the Software or Services. Any additional Software, including updates, made available to you is licensed to you under these Terms unless such Software is licensed to you under a separate agreement. The Software is licensed, not sold, to you for use only under these Terms, and Tootifruity reserves all rights not expressly granted to you.
b) Except as expressly authorized in these Terms, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing.
c) You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Services. You agree to strictly comply with all UK and United States copyright laws and regulations and not to license, sell, provide or distribute the Software for any use whatsoever.
d) All right, title, and interest, including all intellectual property rights, in and to the Software and Services are owned by Tootifruity. The Software and Services are protected by copyright and other intellectual property laws and by international treaties. You agree that you will not take any action to jeopardize, limit or interfere in any manner with Tootifruity’s or its suppliers’ ownership of or rights with respect to the Software or provision of the Services. Title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by applicable law. The licenses granted under these Terms gives you no rights in or to such content other than as expressly set forth in these Terms.
e) The software and services are protected by United Kingdom Copyrights Law and International Treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties.
Your account and any specific URL associated with your account are for your individual use. You may not resell accounts or any account features. By setting up an account you represent that you: (i) are an individual of legal age to form a binding contract; The account is for your personal use, that you will comply with all applicable laws and regulations, and that there is no law or restriction barring you from using the Services or Software; (ii) Will provide and maintain true, accurate, current, and complete information about yourself when setting up an account and update such information as necessary to keep it current; And (iii) will not use the Services to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that Tootifruity has no control over any digital content sent through or used with the Services or stored by Tootifruity (“Submissions”), Tootifruity is not responsible for, and does not review or comment on Submissions, and will not be liable for such content. You will not use the Software or Services to create, copy, store, transmit, share or distribute any images, sounds, messages or other material which are obscene (as determined in Tootifruity’s sole discretion), harassing, racist, malicious, fraudulent or libellous, contain nudity, or violate or infringe the rights of third parties; And (d) you will not use the Services for any activity that may be considered unethical, immoral or give rise to any actual or potential civil or criminal liability. Tootifruity reserves the right in its sole discretion to take any action that it deems necessary relating to you use of the Services in violation of these
In order to make the Services available to you, we need to get a license from you for your Submissions; accordingly, you hereby grant to Tootifruity and to all persons to whom you make Submissions available through the Service, a worldwide, non-exclusive, perpetual, royalty free license to use, copy, modify, transmit, cache, publish, display and distribute your Submissions in conjunction with the Services. You warrant that you have all necessary rights to grant this license to Tootifruity and that use of Submissions as contemplated in this Agreement will not infringe or violate the rights of any party.
You are solely liable for any transmissions sent to or from your account and for use of and access to your account and any related Submissions, data or communications transmitted, stored, shared or received using your account. Tootifruity shall have no liability to you or any third party for any unauthorized interception, access, receipt, or use of any Submissions, messages or other communications or other data sent using the Services or Software (including any claims regarding intrusions of privacy or confidentiality with respect to any communications sent using the Services or Software). You acknowledge and agree that Tootifruity reserves the right to establish limits on the number of messages and data and size of messages and data transmitted through the Services.
Tootifruity uses reasonable efforts to make the Services available 7 days a week 24 hours a day. However, Tootifruity does not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Services. We reserve the right to suspend access to your account if your use of the Services disrupts, impedes or otherwise negatively impacts the operation of our Services or use of our Services by other customers. You may not collect, store, copy or use any personal information or Submissions of other Tootifruity users for any purpose except as expressly authorized by such users and subject to the limitations in these Terms.
Term and Termination.
b. For free Accounts, bandwidth availability, and account features may be limited, modified or suspended and the Free Account may be terminated, by Tootifruity at any time in its sole discretion without notice or liability to you.
c. Upon termination, the licenses granted to you by Tootifruity shall cease, you will not be able to access or retrieve any data stored in your account, and you shall promptly destroy the Software or return the Software to Tootifruity. If you terminate your account, you agree that Tootifruity may keep your digital content (if it is on its servers) for reasonable time thereafter to enable you to easily renew if you so desire.
d. In the event of expiration or termination of your account, the representations made by you in these Terms and the Visitor Terms shall survive such expiration or termination.
Rights of Cobranded Partners.
II. Website Visitors
ADVERTISING, EXTERNAL WEBSITES AND THIRD PARTIES
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
Changes to Visitor Terms.
All content that is made available to view and/or download in connection with the Tootifruity Site is the copyrighted work of and is owned by Tootifruity and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any such content without the express written permission of Tootifruity and the copyright owner.
“Tootifruity” and the Tootifruity logo are trademarks of Tootifruity and Tootifruity and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Law and Jurisdiction.
These Terms shall be governed by and interpreted in accordance with the laws of the United Kingdom exclusively. You agree that conflicts of laws principles of such laws and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the courts of the United Kingdom for all claims arising out of or relating to these Terms or the relationship between the parties.
Disclaimer of Warranties.
The Tootifruity site, the software, and the services are provided “as is” without warrnaty of any kind. To the maximum extent permitted by applicable law, Tootifruity expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tootifruity does not warrant that: (i) the use or quality of the Tootifruity site, software or services will be uninterrupted, error¬free, timely, secure or meets your requirements or expectations; (ii) the results obtained from use of the Tootifruity site, software or services will be accurate or reliable; or (iii) any errors in the Tootifruity site, the software or the services will be corrected. The entire risk arising out of the use or performance of the Tootifruity site, the software and services remains with you.
Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Tootifruity or its suppliers be liable for any special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, and in the case of free accounts, direct damages) arising out of or in any way related to the use of or inability to use the Tootifruity site, the software or the services even if Tootifruity or any supplier has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend and hold Tootifruity and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) a violation or breach of these Terms by you, (ii) any activity related to access to or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account or Submissions made available by you or others including video chat and other messaging services, or (iii) Tootifruity’s authorized use of data or Submissions provided by you or data obtained by Tootifruity as authorized by you under these Terms.
Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of Tootifruity. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. Tootifruity shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between Tootifruity and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Tootifruity respects the intellectual property of others, and we expect our users to do the same. Tootifruity may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Services, you should provide Tootifruity with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the site;
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Tootifruity’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached via the Tootifruity contact page.
The provisions of this Section III comprise the “Visitor Terms.”
Tootifruity is the registered trademark of Toots a UK registered company. All rights (including but not limited to all legal rights, Intellectual Property Rights, Copyright and Ownership Rights ) to Tootifruity and Tootifruity (and its subsidiaries and affiliate company’s) its Products, Software and Technology are the sole property and ownership of Toots.
a) You agree not to use any Tootifruity products, applications or services for illegal purposes or for the transmission of any communication that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another, or there use and enjoyment of any Tootifruity product, application or service.
b) You agree not to transmit any material that violates any applicable local, state, national, or international law or regulation;
c) You agree to be solely responsible for the contents of User’s transmissions through the Tootifruity services.
d) You agree not to interfere with or disrupt any Tootifruity services or servers or networks connected to Tootifruity.
e) You agree not to attempt to gain unauthorised access to other computer systems or networks connected to Tootifruity services.
f) You agree not to impersonate or create a false identity of any person, including but not limited to, a Tootifruity official, forum leader, guide or host.
g) You agree not to use any Tootifruity products, applications or services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of messages or calls in any fashion or form or use any Tootifruity products, applications or services to collect or harvest personal information about other Tootifruity users.
Please report any violations of these Terms and Conditions or concerns with our products, applications or services to Tootifruity.com
Your Tootifruity Account – Identity, Passwords, and Security
In consideration of use of Tootifruity, you agree:
a) To provide true, accurate, current and complete information about yourself as prompted by the Customer Registration form, and
b) To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as “User Data.” If any information provided by you is untrue, inaccurate, not current or incomplete, Tootifruity has the right to terminate your account and refuse any and all current or future use any Tootifruity product, application or service.
c) You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in relation to it.
d) To immediately notify Tootifruity of any unauthorized use of your password or account or any other breach of security. In the event of unauthorized use of your credit card, you agree to notify both Tootifruity and your credit card provider immediately
Your Tootifruity Account Termination and Breaches
In consideration of use of Tootifruity, you agree:
a) You agree that Tootifruity may in its sole discretion terminate your Tootifruity account if it believes you have in any way violated these Terms and Conditions, any relevant Tootifruity End User License Agreement or our Privacy Statement.
b) You agree that Tootifruity may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Tootifruity End User License Agreement or our Privacy Statement.
c) You agree that Tootifruity may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Tootifruity End User License Agreement or our Privacy Statement.
d) You agree that Tootifruity may terminate your Tootifruity account or any of Tootifruity’s products, applications or services if Tootifruity believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or that you have violated the rights of Tootifruity or other users or parties.
Tootifruity considers any and all messages transmitted via Tootifruity Services to be private communications between you and the recipient. However, Tootifruity will at times monitor, edit or disclose the content of your private communications and report any abusive content to the local authorities and police:
a) As required by law;
b) To comply with legal process;
c) If necessary to enforce this license;
d) To respond to claims that the communicator violated the rights of third parties
e) To protect the rights or property of Tootifruity or others or
You acknowledge, understand and agree that Tootifruity may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Tootifruity End User License Agreement or our Privacy Statement
You acknowledge, understand and agree that Tootifruity may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Tootifruity End User License Agreement or our Privacy Statement
You acknowledge, understand and agree that Tootifruity does not endorse the content of your communications and Tootifruity is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.
Tootifruity may disclose User Data to carefully screened companies that may offer you products and services. Tootifruity will not disclose billing information or account access information except as authorized by you or your representative or as required by law or legal process, or as set forth above. If you prefer not to receive any offers of information, please inform Tootifruity.com.
Your correspondence with or participation in any promotion of advertisers found on the Tootifruity service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree not to hold Tootifruity liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers.
If you intend to receive or request any news, messages, alerts or other information from or via Tootifruity products, applications or Services concerning third parties please be aware that the responsibility for the use of this type of information will be yours, You expressly agree that Tootifruity shall not be responsible for the content or accuracy of any information transmitted via Tootifruity’s products, applications or Services and that Tootifruity shall not be responsible for any decisions made based on such information.
You expressly agree that use of Tootifruity’s products, applications or Services is at your own risk. Tootifruity’s products, applications or Services are provided on an “AS IS” and “AS AVAILABLE” basis. Tootifruity expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and no infringement. Tootifruity makes no warranty that Tootifruity’s products, applications or services will meet your requirements, that the Tootifruity service will be uninterrupted, timely, secure, or error free; Nor does Tootifruity make any warranty as to the results that may be obtained from the use of Tootifruity’s products, applications or services or as to the accuracy or reliability of any information obtained through the use of Tootifruity’s products, applications or services or that defects in Tootifruity’s products, applications or services will be corrected. Neither Tootifruity nor any of Tootifruity’s information providers implied any warranties concerning the accuracy, correctness or reliability of the messages received or requested via the use of Tootifruity’s products, applications or services or any of the information, material or content contained therein (the “material”).
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Tootifruity’s products, applications or services is done at the your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Tootifruity makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from Tootifruity’s products, applications or Services or any transaction entered into through the service. Tootifruity shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by you from Tootifruity or through or from the use of
Tootifruity’s products, applications or Services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree that Tootifruity shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Tootifruity’s products, applications or services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the use of Tootifruity’s products, applications or services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Tootifruity has been advised of the possibility of such damages. You further agree that Tootifruity shall not be liable for any damages arising from interruption, suspension or termination of Tootifruity’s products, applications or services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Tootifruity expressly disclaims any and/or all liability for inbound and outbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of Tootifruity and/or any other Tootifruity service from a mobile phone while it is roaming.
You hereby agrees to indemnify and hold Tootifruity, its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney’s fee, made by any third party because of or arising out of your use of Tootifruity’s products, applications or services, Your connection to Tootifruity’s products, applications or services, your violation of
these Terms and Conditions, or your violation of any right of another.
You agree to comply with (and not to breach) Tootifruity’s safety advice.
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of Tootifruity’s products, applications or services or that contained in sponsor advertisements or information presented to you through Tootifruity’s products, applications or services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorized by Tootifruity or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
You expressly agree that all intellectual property rights in Tootifruity’s products, applications or services, including but not limited to the Tootifruity’s website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with Tootifruity shall inure to the sole benefit of Tootifruity. You further agree that you shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall you cause or permit any other Party to do same.
Notifications sent to customers
Any notice given to you, to the extent that Tootifruity determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. You may also be notified of changes to www.Tootifruity.com or other matters by displaying notices to you via Tootifruity products, applications or services. This may include a notification on your Tootifruity Account or a general notification on the Tootifruity website found at www.Tootifruity
Modification of these Terms and Conditions
Tootifruity may change these Terms and Conditions from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on www.Tootifruity.com You expressly agree to be bound by any modified Terms and Conditions as contemplated herein.
Acknowledgment and Acceptance of these Terms and Conditions
Tootifruity’s products, applications and services are owned by Tootifruity. They are provided to you under these Terms and Conditions and any amendments thereto as may be posted in accordance with this document from time to time. Any operating rules or policies for any type of product, application or service may be published from time to time by Tootifruity on our website at www.Tootifruity.com
BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF Tootifruity’S PRODUCTS, APPLICATIONS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
© Toots. All Rights Reserved.