These terms and conditions (“Terms and Conditions”) govern your use of this website toffeetv.com (“Website”). In these Terms and Conditions, ToffeeTV is referred to as the “Company”, “ToffeeTV Membership,” “us,” or “we.”
1. Welcome to ToffeeTV.com Membership. These terms and conditions apply to the services available from and related to the Website.
2. For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
3. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
Your Use of this Website
1. You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
2. The Company gives you permission to download and use the videos, animation, animated videos, images, (referred to as ‘Content’) for your personal use only. The Company does not give you permission to share, distribute or copy onto devices other than the one you downloaded the Content on. The Company also does not give you permission to alter the Content in any manner nor can you extract the audio and use it for any purpose.
3. When using this Website, you must not do any of the following:
a. defame, abuse, threaten or otherwise violate the Intellectual Property Rights (such as rights of privacy and publicity) of the Company;
b. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
c. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
d. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
e. falsify the origin or source of software or other material contained in a file that is uploaded;
f. advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
g. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
h. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
1. You will need to register to become a member of this Website (“Member”) if you wish to access the Services via this Website, and continued membership is subject to the Company’s subscription charges set out in your subscription plan, located at https://toffeetv.com/subscribe/plans. You are free to change the membership package to which you subscribe at any time, subject to these Terms and Conditions (and in particular paragraph 4.2).
2. 2. You must provide true, accurate, current and complete information about yourself when completing the registration form https://toffeetv.com/register. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
3. Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $SillycOws!. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Company.
4. You must not tell anyone else your username or password. Any unauthorized use of either of them must be reported to firstname.lastname@example.org as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
5. The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
6. The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
7. Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time at https://toffeetv.com/dashboard/account.
Charges and Payment
1. Charges are linked to the membership package to which you subscribe, as set out in https://toffeetv.com/register. The terms of the membership package to which you subscribe are incorporated herein by reference as if fully set forth herein.
2. You will be charged in advance of your payment period until your membership is cancelled together with additional transaction based charges. Details of charges are shown within the sign-up process, as set out in https://toffeetv.com/subscribe/plans. Charges are expressed in US Dollars. Any change in the applicable membership price (for example, where you change your subscription package) will take effect in your next membership payment period following notification. Any increase in the applicable membership price (for example, where you upgrade your package or add additional users) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.
3. Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any Mastercard, or Visa credit card. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
You may cancel your membership at any time at https://toffeetv.com/dashboard/account. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.
Dealings with Third Parties
1. The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
2. You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
1. You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
2. You acknowledge and agree that you are permitted to download and view the Content for personal use only. You are not permitted to download and use, broadcast, narrowcast, webcast, stream or upload this content as your own, nor are you permitted to use, broadcast, narrowcast, webcast, stream or upload this content to a commercial distribution channel, connected to or discounted from the internet.
1. Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if it:
2. does not receive timely payment under your subscription;
3. reasonably believes that you have breached any of these Terms and Conditions;
4. is unable to verify the accuracy or validity of any information provided by you;
5. or suspects fraudulent, abusive or illegal activity by you.
6. Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
Warranty Disclaimer and Limitation of Liability
1. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
3. Amendment to these Terms and Conditions
4. The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
1. Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
2. The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
3. If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.