Terms & Conditions
TERMS AND CONDITIONS
The term “you” refers to anyone who uses, visits and/or views the websites. Toral Communications Inc. (“company”, “I”, “we”, “our or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the websites, you accept those amendments. It is your responsibility to periodically check the websites for updates.
Your continued use of the websites after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use these websites if you do not wish to be bound by these Terms and Conditions.
You may use the websites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the websites. You agree to use the websites and to purchase services or products through the websites for legitimate, non-commercial purposes only. You shall not post or transmit through the websites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.
We attempt to describe and display the products as accurately as possible. While we try to be as clear as possible in explaining the products, please do not accept that the websites are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
INTELLECTUAL COPYRIGHT TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the websites or Service. Content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
a) By posting material on the websites, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and OUR
a) All content on this websites including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the websites for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
b) You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the websites and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this websites, the terms and conditions shall be construed in accordance with the rules and regulations of the state of New York and The United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in New York without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of New York and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
USER CONTENT AND LAWFUL USE OF THE WEBSITES
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the websites or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our websites and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the websites or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the websites, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the websites. You agree to use the websites for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The websites may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the websites; however, we do not own or control these third-party websites. Once you click on a third-party link and leave the websites, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our websites including any or all Content published by you or us at any time for any reason, without notice.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITES ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITES. COMPANY MAKES NO WARRANTIES THAT THE WEBSITES WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this websites including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the websites is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the websites.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the websites, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the websites, websites attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the websites; 3) any theft or unauthorized access by third party of your information from the websites regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the websites including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this websites by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
For any questions, please contact us or write to Toral Communications Inc. Attn Adele Toral 244 Fifth Avenue Suite# T243 New York NY 10001.