By using the services provided by ToonieAds Inc. you agree to abide by and be bound by the following Terms and Conditions. As used herein, "ToonieAds Inc." shall refer to ToonieAds Inc; ToonieAds.com; ToonieAds Studios; ToonieAds Network and/or all ToonieAds Inc, ToonieAds.com; ToonieAds Studios and ToonieAds Network as necessitated by the context in which it is used:

 

1. General. This Agreement shall be governed in all respects by the laws of the Province of New Brunswick in the Country of Canada as such laws are applied to agreements entered into, shall be determined by the courts in the province of New Brunswick. As noted elsewhere, your conduct may be subject to other local, provincial, and national laws. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the province of New Brunswick, Canada. You further agree and expressly consent to the exercise of personal jurisdiction in the province of New Brunswick in connection with any dispute or claim involving ToonieAds Inc, ToonieAds.com, ToonieAds Studios and or ToonieAds Network. The Terms and Conditions of this Disclaimer may be amended from time to time, by ToonieAds Inc in its sole discretion and take effect automatically. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ToonieAds Inc, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

2. Copyright and Trademarks.

 

2.1 Copyright. This site is Copyright © 2008 to ToonieAds Inc. All rights are reserved. All content included on the ToonieAds.com site, such as text, graphics, photos, library of video ad clips, logos, button icons and images are the property of ToonieAds Inc. ("ToonieAds’"). This material is protected by Canadian and international copyright laws. This material may be used only on the ToonieAds Network. Any other use by users, including the reproduction, adaptation, modification, distribution, transmission, republication, broadcasting, display, licensing, performance, transfer or sale, in whole or in part, of the content on this site is strictly prohibited. All software used on this site is the property of ToonieAds Inc and is protected by Canadian and international copyright laws. Unauthorized reproduction, adaptation, modification, distribution, transmission, republication, broadcasting, display, licensing, performance, transmission or sale, in whole or in part of this software is strictly prohibited. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the ToonieAds’ site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ToonieAds Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior express written permission of ToonieAds Inc or the appropriate third party.

 

2.2 Trademark.ToonieAds Inc, ToonieAds.com, ToonieAds Studios, ToonieAds Network logos are trademarks of ToonieAds Inc. These trademarks may not be used other than with the express permission of ToonieAds Inc.

 

3. Competence of User. The ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network web site, including without limitation any part or subpart thereof and/or any site, link, or portion of web site accessed on or through ToonieAds.com web site, may be used only by individuals 18 years of age or older with the ability to form legally binding contracts. If using a credit card on the ToonieAds.com web site you represent that you are in lawful possession of the credit card and possess all the rights, duties, obligations, and responsibilities attendant upon the cardholder.

 

4. Limitation of Liability / Disclaimer of Warranties. Under no circumstances, including, but not limited to negligence, shall ToonieAds Inc, ToonieAds.com, ToonieAds Studios and/or monitor and location owners linked to the ToonieAds Network, be responsible or liable for any expenses, losses, claims, costs or damages, including, without limitation, direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if ToonieAds Inc, ToonieAds.com, ToonieAds Studios or members of the ToonieAds Networks’ authorized representative (including monitor and/or location owners) have 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. TOONIEADS INC, TOONIEADS.COM, TOONIEADS STUDIOS AND TOONIEADS NETWORK PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. TOONIEADS INC, TOONIEADS.COM, TOONIEADS STUDIOS AND TOONIEADS NETWORK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ToonieAds Inc reserves the right to, refuse, delete, or remove ads, postings, listings or messages in its sole discretion for any reason and without warning. ToonieAds Inc strictly prohibits the sale of illegal items (including, without limitation, counterfeit or stolen items). ToonieAds Inc does not guarantee continuous, uninterrupted or secure access to its web site. ToonieAds Inc is not responsible for damages or losses caused by errors in the system or on the Internet, including, without limitation, network outages, Internet connectivity problems, client side browser issues or other such problems. You agree to indemnify and hold harmless ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network, its subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damages, costs, expenses and claims which may be suffered or incurred by you as a result of or related in any way with your use of ToonieAds Inc’s web site.

 

5. Ownership of Web Site Contents. Contents of this web site, including without limitation any contents or materials provided by a user for inclusion on this web site, are the exclusive property of ToonieAds Inc. By using this web site you are granting ToonieAds Inc the unconditional right to use, destroy, alter or otherwise act as rightful owner without limitation on any contents, material or information provided to or included on ToonieAds.com web site or ToonieAds Network.

 

6. Inappropriate Use. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network cannot guarantee that we will notice or prevent anyone from abusing our system, or inappropriately using our system or registering with false information. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network cannot guarantee the preservation of any material, information and/or records posted on the Web site. The use of private user information, other than as expressly permitted by the Terms and Conditions of this Disclaimer is strictly prohibited. Users agree to refrain from “spamming”. Users are responsible in all respects for their user name and password. Users agree not to transfer, assign, or otherwise permit another person or entity to use their username and password to access ToonieAds.com web site. In no event shall ToonieAds Inc be responsible for any inappropriate or unauthorized use of your username and password.

 

7. Prohibited Activities. By using the ToonieAds.com web-site, you agree that any information provided by you (or any items advertised) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Moreover you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your advertisements and sale of product and service.

 

8. Content or Context of ads. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network are not responsible for typographical errors, accuracy, content, quality or transactions between the advertiser and his/her contact. ToonieAds’ does not assume responsibility for the content or the context of the ads. You are at your own risk in using ToonieAds.com web site, including without limitation any part or subpart thereof and/or any site, link, or portion of web site accessed on or through ToonieAds.com web site.

 

9. Independent Contractors. You and ToonieAds Inc are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Disclaimer. ToonieAds Inc does not make any claim of guaranteed earnings or representation of anticipated earnings.

 

10. Assumption of Risks. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network are not responsible for the ads listed on the ToonieAds Network. The advertisers assume all risk and liability arising from their advertisement. The advertiser has full responsibility on the content of the ad that is placed in a campaign on the ToonieAds Network. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network do not assume any responsibility for incorrect or typographical errors in the content of the ad. Buyers assume all risk and liability arising from their purchase of any item. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network do not get involved in the transactions between sellers, buyers, advertisers, and contacts. All terms are agreed upon between seller and buyer. Since ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network do not get involved in the actual transaction between sellers and buyers, ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network do not control and is not responsible for the following: the quality, authenticity, condition, safety or legality of advertised items; the content or context of ads, including, without limitation, the truth, accuracy, or reliability of the ads; the ability of the seller to sell or complete the sale; or the ability of the buyer to purchase or complete the purchase. In addition, by using this service you represent that you are aware that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.

 

11. Definition of Users. Advertiser includes any individual or corporate identity that wishes to register on the ToonieAds.com web-site for the purpose of placing advertisements for a fee on a monitor registered on the ToonieAds.com Network. Monitor Owner includes any individual or corporate identity that wishes to register on the ToonieAds.com web-site for the purpose of providing monitors to location owners that are registered on the ToonieAds.com network. Monitor Owners will be remunerated for this service. Location Owner includes any individual or corporate identity that either owns or has the authority to register the location on the ToonieAds.com web-site for the purpose of providing a location for a monitor registered on the ToonieAds.com Network. Location Owners will be remunerated for this service. Ad Designer includes any individual or corporate identity that wishes to register on the ToonieAds.com web-site for the purpose of submitting Ad Templates to the ToonieAds.com Ad Library. Ad Designers will be remunerated for this service.

 

12. Value of Credits. Both Regular Credits and Bonus Credits have a value equal to $ 0.10 (ten cents). Credits are paid out in two currencies, Canadian Dollars and US Dollars. All Canadian accounts earn and get paid in Canadian Dollars. All other accounts earn and get paid in US Dollars. Regular credits never expire unless ToonieAds Inc exercises their right to terminate an account (section 19) and can be converted to cash at any time the Monitor/Location Owner, the Advertiser and/or the Ad Designer wishes. Bonus Credits have no cash value and can only be used to purchase advertizing campaigns or ad templates.

 

13. Definition and purpose of Regular Credits and Bonus Credits. Regular Credits are for the purpose of purchasing display privileges for an ad campaign to be displayed on the ToonieAds.com Network and for the purpose of purchasing and modifying ad templates from the ToonieAds.com Ad Library. Regular Credits are also used to remunerate Monitor Owners, Location Owners and Ad Designers. Regular credits never expire unless ToonieAds Inc exercises their right to terminate an account (section 19) and can be converted to cash at any time the Monitor/Location Owner, the Advertiser and/or the Ad Designer wishes. Bonus credits are credits given as promotional incentives and can be used for the purpose of purchasing display privileges for an ad campaign to be displayed on the ToonieAd.com Network and for the purpose of purchasing and modifying ad templates from the ToonieAds.com Ad Library. These Bonus credits never expire but CANNOT be converted to cash.

 

14. Bonus Credits. ToonieAds Inc, ToonieAds.com, ToonieAds Studios and ToonieAds Network reserves the right to grant, modify, substitute, or refuse any bonus credits in its sole discretion for any reason.

 

15. Payment and Payment Conditions. Price - The cost for displaying a 15 to 30 second video only ad on the ToonieAds.com video network is in the amount of $ 2.00 per monitor per day plus applicable taxes. The cost for purchasing or modifying an Ad from the ToonieAds.com Ad Library is in the amount of $ 5.00 per campaign plus applicable taxes. Prices are in Canadian dollars for our Canadian clients and in US dollars for all other clients. Payment – Purchases are to be paid by Mastercard, Visa and Debit Card for Canadian clients and by Mastercard and Visa for all other clients. The customer agrees to pay the total cost of the purchase, plus any additional charges, including taxes. The customer alone is responsible for paying for purchased products. ToonieAds Inc is not responsible for any payment problems related to the e-commerce service. Payment Security – ToonieAds.com is a secure e-commerce website and ToonieAds Inc has enhanced the security of its site to protect sensitive payment transaction data using SSL encryption technology. Refunds – Any purchased and unused regular credits will be refunded for purchase price on request of client.

 

16. Ad Library. The ToonieAds.com Ad Library is a revenue generating opportunity for designers to sell to ToonieAds Inc ad templates for the amount of $ 15.00 (150 credits) per template. Should ToonieAds Inc choose to purchase the ad, the ad becomes the exclusive property of ToonieAds Inc including copy write and trademark.

 

17. Withdrawal Account vs. Holding Account. Every user of ToonieAds.com is assigned a withdrawal account and a holding account. When you purchase credits, they are deposited to your withdrawal account. When you purchase an advertising campaign they are placed in your holding account until such time that the campaign is displayed on your chosen monitors. If a campaign is cancelled the unused credits are returned to your withdrawal account. ToonieAds Inc does not prorate campaign days meaning that if you cancel the balance of a 5 day campaign at anytime on day 3, only day 4 and 5 will be refunded. At the beginning of each day of your campaign the appropriate number of credits will be deducted from your holding account. Any credits earned (monies earned) by monitor owner, location owner and ad designer is deposited to your withdrawal account on the day the advertiser’s campaign is displayed on the monitor.

 

18. Cashing out credits for dollars. There are two ways to request payout of earned credits for cash. Users can request to have the amount deposited to their bank account (available only in Canada and the USA) this method does not incur any processing fees. Deposits take 3 to 5 business days. Users can request a check be mailed to them. If requesting a check for 1 to 749 credits there will be a $ 5.00 processing charge, if requesting a check for 750 to 2000 credits there will be a $ 3.00 charge and if requesting a check for 2001 or more credits there is no processing charge. Checks will be processed within 2 business days and will be sent regular post.

 

19. Termination. ToonieAds Inc reserves the right to terminate the displaying of ads and/or accounts, at any time for any reason upon refund, if applicable, of any unused regular credits purchased. ToonieAds Inc reserves the right to terminate any account, including but not limited to an Advertiser, Monitor Owner, Location Owner and/or Ad Designer account, that has been inactive for a period of thirty (36) months without refund of any amounts paid or credits earned remaining on said account. If you terminate your account, ToonieAds Inc will issue a refund of purchase price for unused regular credits, bonus credits have no cash value.