Terms & Conditions
1. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree and accept these Terms of Use in their entirety, you may not access, browse, or use the Site or any of the Services. You must be at least 13 years of age in order to use and/or subscribe to the Services. If you are under 13 years-old, you may not use the Services or this Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years old, you may use the Services only under the supervision and with the consent of your parent or legal guardian.
2. Modification to Terms & Conditions
Toysoldiersunite.com may update or revise these Terms & Conditions at any time without notice by updating this page. You understand that you are responsible for regularly reviewing these Terms & Conditions, as posted on the Site. By accessing, browsing and/or otherwise using this Site, you agree to be bound by any such revisions.
3. Release of Liability
You agree to indemnify and hold Toysoldiersunite.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Toy Soldiers Unite arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
4. Disclaimer
Toysoldiersunite.com is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Toysoldiersunite.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Toysoldiersunite.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Toy Soldiers Unite for death or personal injury as a result of the negligence of Toysoldiersunite.com or that of its employees or agents.
5. Prohibited Uses
You agree that you will not: (1) use the Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them; (3) attempt to gain unauthorized access to any account (other than your User account), computer systems or networks associated with the Services; (4) obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided for.
Prohibited activities include, but are not limited, to the following: (1) sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”); (2) engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, and/or engage in activity that violates privacy, publicity, or other personal rights of others; (3) advertising, transmitting, storing, posting, displaying, or otherwise making available child pornography or obscene speech or material; (4) transmitting or posting defamatory, harassing, abusive, or threatening language; (5) forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; (6) accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) or engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity); (7) distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks, and/or engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service, or equipment; (8) advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this code of conduct, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software; (9) exporting encryption software over the Internet or otherwise, to points outside the United States; (10) engaging in activities that are determined to be illegal, including but not limited to: advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes or the like; fraudulently charging credit cards; and pirating software; (11) engaging in activities, whether lawful or unlawful, that we determine, in our sole discretion, to be harmful to its users, operations, reputation, goodwill, or user relations; (12) offering any contest, give-away, or sweepstakes (“promotion”) on Toysoldiersunite.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws and guidelines we offer for doing so.
6. Data Usage
Toysoldiersunite.com urges you to assume that all of your on-line communications are insecure. Toysoldiersunite.com cannot take any responsibility for the security of information transmitted over Toysoldiersunite.com’s facilities or the Services.
Toysoldiersunite.com will not regularly monitor messages sent or received by you unless required to do so by law, governmental authority, or when public safety or some other policy is at stake. Toysoldiersunite.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Toysoldiersunite.com may disclose information, including but not limited to, information concerning you or a transmission made via the Service in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Toysoldiersunite.com assumes no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Toysoldiersunite.com may disclose your information or information transmitted over the Services where necessary to protect Toysoldiersunite.com and others from harm, or where such disclosure is necessary to the proper operation of the Services.
7. You Are Responsible For Your Account
If you are given a password to access the Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Toysoldiersunite.com immediately of any unauthorized use of your account. Toysoldiersunite.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You agree that your Toysoldiersunite.com account is non-transferable and any rights to your user ID, or any Content or other materials within your account, terminate upon your death.
8. Personal And Non-Commercial Use Only
You may only use the Services for your own personal and non-commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Services except as expressly provided in these Terms of Use.
9. Links to Third Party Websites
Toysoldiersunite.com may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
10. User Supplied Content
By submitting and posting text, photos, artwork, sound recordings, software, data, or any other materials (“User Supplied Content”), you are giving us the irrevocable permission, in perpetuity, on a no-charge basis, to use the User Supplied Content in connection with the Services, any advertisements and promotions, and for any other purpose for which Toysoldiersunite.com chooses to use the User Supplied Content. In particular, you understand and agree that by submitting and posting any User Supplied Content to Toysoldiersunite.com or the Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Toysoldiersunite.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such User Supplied Content, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Supplied Content. These grants include the right to exploit any proprietary rights in such User Supplied Content, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Toysoldiersunite.com’s use of the User Supplied Content. Toysoldiersunite.com is under no obligation to post or use any User Supplied Content you may provide and may remove such User Supplied Content at any time at Toysoldiersunite.com’s sole discretion. You certify and warrant that Your Materials, in whole or in part, are your original work and do not infringe any copyright or intellectual property right, and have never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
Toysoldiersunite.com takes no responsibility and assumes no liability for any User Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your risk and responsibility. Toysoldiersunite.com neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made by anyone on or in connection with the Services.
11. Content Available on the Toysoldiersunite.com Services
All Site materials, including, without limitation, any software, data, text, photos, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (all of these things referred to as “Content”) are copyrighted Materials. ALL RIGHTS RESERVED. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using the Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. You are authorized only to make personal, non-commercial use of the Content. All rights not expressly granted to you in this Terms of Use are reserved by Toysoldiersunite.com or any affiliates (or their licensors, as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Services are owned by Toysoldiersunite.com or any affiliate of Toysoldiersunite.com or others who have licensed their use to Toysoldiersunite.com. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Toysoldiersunite.com for which money damages would be inadequate and in such event Toysoldiersunite.com will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
12. Termination And Restriction Of Access
Toysoldiersunite.com reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. Toysoldiersunite.com may also terminate or suspend your access to the Services for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Toysoldiersunite.com. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Services, Toysoldiersunite.com will not terminate your access to the Services prior to the expiration of your subscription period without good cause. Good cause includes your breach of this Terms of Use. If you cancel your subscription to the Services prior to the expiration of the subscription period for any reason, Toysoldiersunite.com will not refund to you any fees paid in advance of such cancellation. Upon termination of your account, your right to use the Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Toysoldiersunite.com shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.
13. Association
Toysoldiersunite.com is not associated with the performer Dr. Steel, nor the individuals behind the Dr. Steel project. Users of the website attempting to mislead, misinform, or assume the identity of Dr. Steel or the individuals behind the Dr. Steel project will have their accounts removed. All content produced and in use, for and by the website is owned and copyrighted by Toysoldiersunite.com.
14. Definitions
By “Toysoldiersunite.com” 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.
15. Governing Law
These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
