TERMS, CONDITIONS AND RELEASE OF LIABILITY
In consideration of this right to participate in ToySoldiersUnite / Dr.Steel’s Army of Toy Soldiers and with full knowledge of Dr. Steel’s plans for world domination, I hereby agree for myself and on behalf of all of my family and heirs to RELEASE Dr. Steel, World Domination Toys and the creators of ToySoldiersUnite.com from any and all liability, claims, demands or any causes of action, and NOT TO SUE OR OTHERWISE MAKE ANY CLAIM against Dr. Steel, World Domination Toys or the creators of ToySoldiersUnite.com whatsoever which may arise during my participation in Dr. Steel’s Army of Toy Soldiers. I assume full responsibility for any risk occurring from my participation.I also agree to INDEMNIFY AND HOLD Dr. Steel, World Domination Toys and the creators of ToySoldiersUnite.com HARMLESS from all claims, judgments, expenses and costs, including but not limited to attorney's fees, incurred in connection with any claims brought as a result of my participation.
Dr. Steel, World Domination Toys and the creators of ToySoldiersUnite.com do not assume any responsibility for the actions taken by the members of this site or of The Army of Toy Soldiers in connection to any media or text presented therein.
This RELEASE AND WAIVER is given in the interests of permitting Dr. Steel to move forward in his quest to provide entertainment and manifest a Utopian Playland for the people of the world as well as be able to build giant robots and flying saucers and stuff. My release is given in exchange for being a participant in this project. This RELEASE AND WAIVER has no expiration date.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the TSU Principles, and governs our relationship with users and others who interact with TSU. By using or accessing TSU, you agree to this Statement.
Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use TSU to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on TSU, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with TSU ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you add an application and use Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share. (To learn more about Platform, read our About Platform page.)
When you publish content or information using the "everyone" setting, it means that everyone, including people off of TSU, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about TSU, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep TSU safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on TSU.
You will not collect users' content or information, or otherwise access TSU, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TSU.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on TSU without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
You will not use TSU to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of TSU, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
TSU users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on TSU, or create an account for anyone other than yourself without permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use TSU if you are under 13.
You will not use TSU if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on TSU that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on TSU if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including TSU, the TSU, Regiment, Division and Dr Steel Logos), or any confusingly similar marks, without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not TSU) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on TSU.
Payments
If you make a payment on TSU or use TSU Credits, you agree to our Payments Terms.
Amendments
We can change this Statement if we provide you notice and an opportunity to comment.
We can make changes for legal or administrative reasons upon notice without opportunity to comment.
Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of TSU to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
Disputes
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or TSU exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on TSU, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP TSU UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TSU "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TSU WILL BE SAFE OR SECURE. TSU IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TSU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TSU WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 SUCH CASES, TSU'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on TSU (such as advertising or payments).
Definitions
By "TSU" we mean the features and services we make available, including through (a) our website at www.toysoldiersunite.com and any other TSU branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on TSU that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from TSU or provide to TSU through Platform.
By "post" we mean post on TSU or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into TSU at least once in the previous 30 days.
Other
This Statement makes up the entire agreement between the parties regarding TSU, and supersedes any prior agreements.
f any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
TSU Safety
TSU aspires to be an environment where people can showcase their creativity and interact safely with their friends and the people around them. We have implemented many safety and privacy controls on TSU as part of our goal to enable people to share their information with only the people they want to see it. We are constantly improving our systems for identifying and removing inappropriate content and people from the site.
Children under 13 years old are not permitted access to TSU. In addition, parents of children 13 years and older should consider whether their child should be supervised during the child's use of the TSU site.
Despite TSU's safety and privacy controls, TSU cannot guarantee that the site is entirely free of illegal, offensive, pornographic or otherwise inappropriate material, or that its members will not encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and conduct. You can help TSU by notifying us of any nudity, pornography, harassment or unwelcome contact by contacting us. TSU will use its best efforts to review reports made through this site reporting tool within 24 hours and remove any content that is deemed to have violated the Statement of Rights and Responsibilities. If warranted TSU will also warn or disable the user responsible for posting the abusive content. TSU will acknowledge receipt of the complaint and begin to address it within 5 working days. TSU will respond to the reporter within 5 working days of receiving the email complaint to inform them of the steps TSU has taken to address it.
TSU is solely responsible for complaint handling, and you should address all complaints or reports of abuse directly to TSU using the procedures described on this page.
We ask that all users to report suspicious people and inappropriate content they encounter on TSU. We also strongly encourage users under the age of 18 to talk to a parent or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way.
Remember that although using fake names is a violation of the TSU Terms of Use, people are not always who they say they are. You should always be careful when Interacting with people you do not know in the real world. It is always risky to meet anyone in person whom you don't know through real world friends.
Always follow these important safety tips when using TSU:
- Never share your password with anyone
- Adjust your privacy settings to match your level of comfort, and review them often
- Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number
- Report users and content that violate our Terms of Use
- Block and report anyone that sends you unwanted or inappropriate communications
For Parents:
TSU strongly urges parents to talk to their children about the dangers they may encounter online, and to make sure their children are using TSU in a safe manner. Parents may want to install monitoring software on home computers if they are concerned about what their children are doing online. Children must know that they should report any inappropriate or offensive TSU content to their parents and to TSU using the tools made available through the site. Parents should always remind their children to follow the important safety tips listed on this page when using TSU.
More information regarding internet safety can be found on the following sites:
OnguardOnline.gov
WiredSafety.org
Commonsense.com
Ncmec.org
TRUSTe.org
ConnectSafely.org
NetSmartz.org
WebWiseKids.org
Children Under Age 13
TSU does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for TSU or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on TSU. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us through the form on our privacy help page.
Children Between the Ages of 13 and 18
We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
