TERMS OF USE

Please note: All violations of the following terms will result in the full enforcement of any lawful remedies available pursuant to the Computer Fraud and Abuse Act (CFAA) as outlined HERE

Welcome to the web site operated by Josh Siegel (the “Owner”), accessible at www.toontownfellowship.com. “Site” means web sites of the Owner and its affiliates, including any web sites on which these terms and conditions of use are posted. The “Site” may include access to virtual environments, games and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices or phones. All users of the Site are subject to the following terms and conditions of use (these “Terms of Use”).

By using Toontown Fellowship, you certify that you understand that Toontown Fellowship is not affiliated with The Walt Disney Company and/or the Disney Interactive Media Group (collectively referred to as "Disney") and you hereby release Disney, as well as any employees or agents of Disney, from any and all liability, corporate, or personal loss caused to you or others by the use of Toontown Fellowship.

Please read these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Owner Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Site.

The Owner may revise and update these Terms of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

USE OF THE SITE

You agree to use the Site only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords; (12) “stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Owner, may harm the Owner or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the Site or any service available on the Site.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Owner, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Owner. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Owner, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. You grant to the Owner the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the Site in any manner the Owner chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) The Owner reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site which the Owner, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that the Owner has reason to believe constitutes, or for which the Owner has received notice of its constituting, a copyright infringement); (2) monitor and/or record communications between and among users on the Site; and (3) terminate any user’s access to all or part of the Site. However, the Owner can neither review all material or communication before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Owner assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Owner reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Owner has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination or suspension of your access to the Site and may expose you to civil and/or criminal liability.

ACCOUNTS

Some services of the Site may permit or require you to create an account. You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person’s account information. We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Owner does not guarantee the accuracy of any information submitted by any user, including account information about the user. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your account and your account information. If you disclose your password to any other person, it is at your own risk.

PLEASE NOTE: YOU DO NOT OWN THE ACCOUNT YOU USE TO ACCESS THE SITE, AND YOU DO NOT OWN ANY DATA OR VIRTUAL ASSETS/CURRENCY THE OWNER STORES ON ITS SERVERS RELATED TO THE ACCOUNT. You have no ownership interest in any virtual items or virtual currency that may be associated with the account from time-to-time. You acknowledge and agree that any virtual currency in the Site is virtual only, with no cash value in the “real world” or online outside of the Site. Your account is nontransferable so you do not have any right to sell or otherwise transfer your account or any virtual items or currency associated with your account in the “real world.” The Owner does not recognize any such sale or transfer.

PRIVACY: PROTECTION OF PERSONAL INFORMATION

The Owner’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Owner Privacy Policy, which is incorporated by reference into these Terms of Use.

UPLOADS TO YOUR DEVICES

Please note that if you are using downloadable applications from the Owner, updates to your device’s systems or firmware may render your use of the applications incompatible. The Owner does not warrant that the Site or any Owner applications will be compatible with any updates to, or prior versions of, your devices. The Owner may, but is not obligated to, provide you with updates to the Site or applications that improve compatibility with updated mobile devices.

DATA CHARGES

To the extent that your use of the Site or any Owner application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Site or Owner applications. You are solely responsible for all such charges payable to third parties.

CONFIDENTIALITY

During your use of the Site, you may have access to Owner information, software or data that is not readily available to the public (“Confidential Information”), including any software downloaded through the Site. You agree to not to disclose any Confidential Information to any third parties unless it becomes publicly known without any action or failure to act on your part.

ACCESS AND INTERFERENCE

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Owner, (c) use any device, software or routine that interferes with the proper working of the Site, (d) attempt to interfere with the proper working of the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Owner’s infrastructure.

LIABILITY OF THE OWNER AND ITS LICENSORS

The Owner does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. The Owner disclaims any liability for injury or damages resulting from the use of any Site Content.

THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE OWNER, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE OWNER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE OWNER, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE OWNER WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE OWNER AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE OWNER OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE OWNER AND WHETHER OR NOT THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You acknowledge and agree that neither the Owner nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web site, computer or network. The Owner uses what it believes to be reasonable efforts to protect itself and its Site users from such unauthorized use, but the Owner and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Owner.

INTERACTION WITH OTHER USERS

As a condition of access to the Site, you release the Owner (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Site. The Owner will have the right but not the obligation to resolve disputes between users relating to use of the Site, and to the extent that it elects to resolve such disputes, the Owner will do so in good faith based on the general rules and standards of the Owner and the Site. You release the Owner (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Owner’s resolution of such disputes.

INDEMNIFICATION

You agree to indemnify and hold harmless the Owner and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Site or the delivery of products, services or information over the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Site or any products, services or information obtained from the Site.

You understand that any postings, or content submitted for posting, to publicly available portions of the Site, including chat areas, message boards and the like (“Public Areas”) are non-confidential for all purposes. You have no expectation of privacy related to Public Areas.

SUSPECTED INFRINGEMENT

In accordance with the Computer Fraud and Abuse Ace (CFAA) and other applicable law, the Owner may, in appropriate circumstances and in the Owner’s sole discretion, terminate your access to this Site if it deems you to be a repeat infringer. The Owner may also, in its sole discretion, limit your access to the Site and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

MISCELLANEOUS

The Owner makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.

You agree to abide by U.S. and other applicable laws, including export

control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from the Site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Owner with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You agree and acknowledge that your violation of any restrictions in these Terms of Use on the use of the Site, Site Content, or software or services available on or through the Site, or your use or disclosure of Confidential Information in a manner inconsistent with the provisions of these Terms of Use, may cause the Owner irreparable damage for which remedies at law may be inadequate. You agree that, in the event of your unauthorized use of the Site, Site Content, software and services, or your unauthorized disclosure of Confidential Information, the Owner will be entitled to injunctive relief, in addition to such other legal and equitable remedies that may be available. The Owner’s licensors and contractors are express third party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these Terms of Use.

If any part of these Terms of Use is unenforceable (including, without limitation, any part of the binding arbitration provision above), the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The terms related to protection of the Owner’s intellectual property rights, disclaimer of warranties limitation of liability, choice of law and binding arbitration, indemnification obligations and any licenses granted by you to the Owner shall survive any termination of your Account or these Terms of Use.

The Owner’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Owner nor any trade practices shall be deemed to modify these Terms of Use.