WEDNESDAY APRIL 16, 2014
 
INSIDE TORO
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TERMS OF USE

 

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the Toromagazine.com domain name, the "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2)Toromagazine.com's privacy policy, found at http://www.toromagazine.com/privacy and incorporated here by reference. If you do not agree to any of these terms, or the toromagazine.com privacy policy, please do not use the Website.

B. Although we may attempt to notify you when major changes are made to this Terms of Use, you should periodically review the most up-to-date version http://www.toromagazine.com/useragreement). Toromagazine.com may, in its sole discretion, modify or revise this Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Toromagazine.com Website

A. This Terms of Use applies to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Toromagazine.com Website includes all aspects of Toromagazine.com, including but not limited to all products, software and services offered via the Website such as The Arena, the Toromagazine.com "Embeddable Player," the Toromagazine.com "Uploader" and other applications.

B. The Website may contain links to third-party websites that are not owned or controlled by Toromagazine.com. Toromagazine.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Toromagazine.com will not and cannot censor or modify the content of any third-party site. By using the Website, you expressly relieve Toromagazine.com from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Toromagazine.com Website and to read the Terms of Use and privacy policy of each other website that you visit.

3. Toromagazine.com Accounts

A. In order to access some features of the Website, you will have to create a Toromagazine.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Toromagazine.com immediately of any breach of security or unauthorized use of your account.

B. Although Toromagazine.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Toromagazine.com or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

Toromagazine.com hereby grants you permission to access and use the Website as set forth in this Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Generated Content (defined below), without Toromagazine.com's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Toromagazine.com's Embeddable Player or any of its related technologies.

C. You agree not to access User Generated Content (defined below) or Toromagazine.com Content through any technology or means other than the pages of the Website itself, the Toromagazine.com Embeddable Player, or other explicitly authorized means Toromagazine.com may designate.

D. You agree not to use the Website, including the Toromagazine.com Embeddable Player for any commercial use, without the prior written authorization of Toromagazine.com. Prohibited commercial uses include any of the following actions taken without Toromagazine.com's express approval:

* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Toromagazine.com website or any third-party website, targeted to the content of specific User Generated Content or Toromagazine.com content;
* and any use of the Website or its related services (such as the Embeddable player) that Toromagazine.com finds, in its sole discretion, to use Toromagazine.com's resources or User Generated Content with the effect of competing with or displacing the market for Toromagazine.com, Toromagazine.com content, or its User Generated Content.

E. Prohibited commercial uses do not include:

* uploading an original blog or video to Toromagazine.com, to promote your business or artistic enterprise;
* using the Embeddable Player to show Toromagazine.com videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Toromagazine.com;
* any use that Toromagazine.com expressly authorizes in writing.

F. If you use the Toromagazine.com Embeddable Player on your website, you must include a prominent link back to the Toromagazine.com website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

G. If you use the Toromagazine.com Uploader, you agree that it may automatically download and install updates from time to time from Toromagazine.com. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Toromagazine.com to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Toromagazine.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Toromagazine.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Toromagazine.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Generated Content.

I. In your use of the Website, you will otherwise comply with the terms and conditions of this Terms of Use, and all applicable local, national, and international laws and regulations.

J. Toromagazine.com reserves the right to discontinue any aspect of the Toromagazine.com Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Toromagazine.com Website.

A. The content on the Toromagazine.com Website, except all User Generated Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Toromagazine.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Toromagazine.com reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Generated Content solely:

* for your information and personal use;
* as intended through the normal functionality of Toromagazine.com; and
* for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from Toromagazine.com to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Generated Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Generated Videos are made available "as is."

C. User Posts are made available to you for your information and personal use solely as intended through the normal functionality of Toromagazine.com. User Posts are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of Toromagazine.com or otherwise as prohibited under this Agreement.

D. You may access Toromagazine.com Content, User Generated Content and other content only as permitted under this Agreement. Toromagazine.com reserves all rights not expressly granted in and to the User Generated Content and Toromagazine.com.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Generated Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Toromagazine.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Toromagazine.com Website or the Content therein.

G. You understand that when using the Toromagazine.com Website, you will be exposed to User Generated Content from a variety of sources, and that Toromagazine.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Toromagazine.com with respect thereto, and agree to indemnify and hold Toromagazine.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Generated Content and User Conduct

A. As a Toromagazine.com account holder you may submit video content ("User Videos"), textual content ("User Posts"), audio content ("User Audio") and image content ("User Images"). User Videos, User Posts, User Audio, and User Images are collectively referred to as "User Generated Content." You understand that whether or not such User Generated Content is published, Toromagazine.com does not guarantee any confidentiality with respect to any User Generated Content.

B. You shall be solely responsible for your own User Generated Content and the consequences of posting or publishing it. In connection with User Generated Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Toromagazine.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and this Terms of Use.

C. For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to Toromagazine.com, you hereby grant Toromagazine.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Toromagazine.com Website and Toromagazine.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Toromagazine.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Toromagazine.com Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Website and under this Terms of Use. The above licenses granted by you in User Generated Content terminate within a commercially reasonable time after you remove or delete your User Generated Content from Toromagazine.com. You understand and agree, however, that Toromagazine.com may retain, but not display, distribute, or perform, server copies of User Generated Content that has been removed or deleted.

D. In connection with User Generated Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Toromagazine.com all of the license rights granted herein.

E. You further agree that you will not, in connection with User Generated Content, submit material that is contrary to the Community Guidelines found at http://www.toromagazine.com/communityguidelines/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. Toromagazine.com does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and Toromagazine.com expressly disclaims any and all liability in connection with User Generated Content. Toromagazine.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Toromagazine.com will remove all User Generated Content if properly notified that such Content infringes on another's intellectual property rights. Toromagazine.com reserves the right to remove User Generated Content without prior notice.

7. Account Termination Policy

A. Toromagazine.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Toromagazine.com reserves the right to decide whether Content or a User Generated Content is appropriate and complies with this Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Toromagazine.com may remove such User Generated Content and/or terminate a User's access for uploading such material in violation of this Terms of Use at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TOROMAGAZINE.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOROMAGAZINE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TOROMAGAZINE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TOROMAGAZINE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOROMAGAZINE.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOROMAGAZINE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL TOROMAGAZINE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TOROMAGAZINE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Toromagazine.com from its facilities in Canada. Toromagazine.com makes no representations that the Toromagazine.com Website is appropriate or available for use in other locations. Those who access or use Toromagazine.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Toromagazine.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Toromagazine.com Website; (ii) your violation of any term of this Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive this Terms of Use and your use of the Toromagazine.com Website.

11. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use, and to abide by and comply with this Terms of Use. In any case, you affirm that you are over the age of 13, as the Toromagazine.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Toromagazine.com Website. There are lots of other great Web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Toromagazine.com without restriction.

13. General

You agree that: (i) the Toromagazine.com Website shall be deemed solely based in Ontario; and (ii) the YouTube Website shall be deemed a passive website that does not give rise to personal jurisdiction over Toromagazine.com, either specific or general, in jurisdictions other than Ontario. This Terms of Use shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Toromagazine.com that arises in whole or in part from the Toromagazine.com Website shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario. This Terms of Use, together with the Privacy Policy at http://www.toromagazne.com/privacy and any other legal notices published by Toromagazine.com on the Website, shall constitute the entire agreement between you and Toromagazine.com concerning the Toromagazine.com Website. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Toromagazine.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Toromagazine.com reserves the right to amend this Terms of Use at any time and without notice, and it is your responsibility to review this Terms of Use for any changes. Your use of the Toromagazine.com Website following any amendment of this Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND TOROMAGAZINE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TOROMAGAZINE.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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