ITS-NEAR.COM - Local Web Sites

Welcome, and thank you for your interest in the mobile application ToonClip.com and the website www.ToonClip.com. ToonClip.com (“us” or “we”) and our services are made available through the mobile application and tools (collectively, the “App”) and the website (the "Website" or the “Site”) together with the App, the service(s) (“Service(s)”). Unless otherwise specified, all references to the Service or Services include the services available through the ToonClip.com App or Website, as well as any other software that ToonClip.com provides that allows you to access the Services. The term “you” refers to the user of the Service. The following Terms of Service are a legally binding contract between you and ToonClip.com regarding your use of the Service.

Please read the following Terms of Service ("Terms") carefully before accessing or using the Service. Each time you access or use the Service, you, or if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service. ToonClip.com may change this Agreement at any time by posting an updated Terms of Service on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this App or the Site. If you continue using the App or the Site, you will be conclusively deemed to have accepted the changes.

In addition, certain areas of the Service may be subject to additional Terms of Service that will be available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such areas conflict with these Terms, the additional terms will control.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.

1. Description of Service
a. ToonClip.com is a mobile application that connects users of our Service based on common interests by allowing them to search for specific keywords linked to other users' profiles. The Service includes (i) ToonClip.com systems, procedures, processes and technologies, and (ii) any hardware, software, applications, data, reports, and other content made available by or on behalf of ToonClip.com.
b. The Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. ToonClip.com reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to ToonClip.com.

2. Eligibility for Our Service
a. All individuals are eligible for our services.

3. Your Access and Use of our Services
a. Your right to access and use our Service is personal to you and is not transferable by you to any other person or entity. Access to our Service may not be available in all locations. You are entitled to access and use our Service only for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy;
(ii) restricts, inhibits or prevents any access, use or enjoyment of our Service; or (iii) through the use of our Service, defames, abuses, harasses, offends or threatens others, shall not be permitted and may result in your loss of the right to access and use our Service.
b. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (iii) you shall not access the Service in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms.
c. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodologies to access, acquire, copy or monitor our Services or any portion of our Service or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Service without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Service or any activities conducted on our Service; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Service, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
d. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Service.
e. Our Service may now, or in the future, have "publicly accessible areas" that allow users to post User Content that will be accessible by the public or the general user population. As a user of the Service, you acknowledge and affirmatively agree that in the course of using the Service you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that ToonClip.com shall not, under any circumstances, be liable in any way for any User Content.
f. You understand that ToonClip.com may issue upgraded versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
g. You shall not use any communication systems provided on our Service including, without limitation, email for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Service without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service.

4. Accounts and Registration
a. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, email address, newsletter preference or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
b. If you provide Your Information to us, then you agree to provide true, current, complete and accurate information and not to misrepresent your identity. You also agree to keep Your Information current and to update it with any changes.
c. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy.

5. Account Management
a. Keep Your Password Secure. If you have been issued an account by ToonClip.com in connection with your use of the Service, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not ToonClip.com, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify ToonClip.com immediately.
b. Keep Your Details Accurate. ToonClip.com may send notices to the email address or text messages to the mobile phone registered with your account. You must keep your email address associated with your account current and accurate.
c. We reserve the right to modify, suspend, or terminate the Service, or any user account and access to the Service for any reason, without notice, at any time, and without liability to you.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account or permit access to the Service to anyone for any reason at any time.

6. Free Account
Accounts at ToonClip.com are currently free. We may offer premium paid services in the future.

7. Suspension and Termination of Services
a. By You. If you terminate a Subscription Plan (monthly or annual) in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
b. By ToonClip.com. ToonClip.com may terminate your Monthly Subscription Plan at the end of a billing cycle by providing at least 30 days prior written notice to you. ToonClip.com may terminate your Annual Subscription Plan for any reason by providing at least 30 days written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. ToonClip.com may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after ToonClip.com has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, ToonClip.com may limit or suspend the Service to you if you fail to comply with these Terms, or if you use the Service in a way that incurs legal liability to us or disrupts others’ use of the Service. ToonClip.com may also suspend the Service to you if we are investigating suspected misconduct on your part. ToonClip.com will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. ToonClip.com has no obligation to retain your User Content upon termination of the applicable Service.

8. Privacy and Your Personal Information
For information about ToonClip.com data protection practices and privacy policies, please read our Privacy Policy where you have accessed these Terms of Service or on our website https://getToonClip.com/privacy. This policy explains how we treat your personal information, and protect your privacy when you use the Service. You agree to the use of your data in accordance with the ToonClip.com Privacy Policy.

9. Information Accuracy
a. We make no representation as to the completeness, accuracy, or currency of any information on the Service or other content available on this Site or App.
b. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date, and ToonClip.com disclaims any responsibility or liability for such information. By using the Service, you agree to accept such risks.

10. Proprietary Rights
a. As between ToonClip.com and you, ToonClip.com or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by ToonClip.com.

11. Intellectual Property Rights
a. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States, Sweden and/or other countries (collectively, the "Proprietary Marks"), and are owned by ToonClip.com. You may not use the Proprietary Marks without our prior written permission.
b. Some graphics from other artists have been used for demo purposes. Credits have been given appropriately.

12. Use of Our Content
a. Publicly shared user produced content may be used freely for personal or commercial use. Some private toonclips produced by artists may have other restrictoins. Restrictions are mentioned along with the toonclip.

13. Disclaimers; No Warranties
a. ALL PRODUCTS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. ToonClip.com AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ToonClip.com PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICE CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE PRODUCTS, INFORMATION AND SERVICES ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE. HOWEVER, WE HAVE NO OBLIGATION TO DO SO.
d. THE ToonClip.com PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. THE ToonClip.com PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
h. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitations of Liability
a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICE; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY USER IN THE PURCHASE GIVING RISE TO SUCH CLAIM.
e. YOU AND ToonClip.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnity
a. You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless ToonClip.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney’s and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

16. Release
a. By using the Service, you release, to the maximum extent allowed by law, ToonClip.com, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service, and any interaction with other users through the Service, including, without limitation, any death or serious emotional or serious physical harm.
b. If you are a California resident, you waive California Civil Code §1542, which states: “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.”

17. Our Remedies
a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of Stockholm, Sweden. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.

18. Dispute Resolution
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER, YOU MAY NOT ACCESS OR USE THE SERVICE.

For any dispute, you have with ToonClip.com, you agree first to contact us and to attempt to resolve the dispute with us informally. If ToonClip.com has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
a. You and ToonClip.com agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims are resolved between you and ToonClip.com.
b. Applicable Law. You agree that the laws of Stockholm, Sweden, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
c. Agreement to Arbitrate. You and ToonClip.com both agree that any and all disputes or claims between you and ToonClip.com relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Service, or any products or services delivered, sold, offered, or purchased through our Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
d. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ToonClip.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ToonClip.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
e. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of Stockholm, Sweden, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
f. Judicial Forum for Legal Disputes. Unless you and ToonClip.com agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a regional or federal court located in Sweden. You and ToonClip.com agree to submit to the personal jurisdiction of the courts located within Sweden for the purpose of litigating all such claims or disputes. You also agree that: (i) our Service shall be deemed solely based in Sweden; and (ii) our Service shall be deemed passive services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than Sweden.

19. Law Enforcement
a. ToonClip.com is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If ToonClip.com receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, ToonClip.com may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. ToonClip.com will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

20. Amendments to this Agreement
a. We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our website and App. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Service following the posting of any such changes shall automatically be deemed your acceptance of all changes.

21. Miscellaneous
a. Severability. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
b. No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
c. Survival. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
d. Entire Understanding. This Agreement and the Privacy Policy represent the entire understanding and agreement between you and ToonClip.com regarding the subject matter of the same and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us.