Terms of Use

Please read this carefully before using the Toonzaki website. By using the Toonzaki website, you are agreeing to the privacy policy and the terms of use.
THANK YOU FOR VISITING TOONZAKI.COM ("WEBSITE"). 4K MEDIA INC. ("4K" OR "WE"), THE OWNER OF THE WEBSITE HAS DEVELOPED ITS WEBSITE TO BE AN ENJOYABLE EXPERIENCE FOR PEOPLE OF ALL AGES. YOUR PRIVACY IS IMPORTANT TO US.4K PROVIDES THIS WEBSITE AND ALL SITE-RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE"). BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE. IF YOU ARE A MINOR, BE SURE TO GET YOUR PARENT OR LEGAL GUARDIAN TO REVIEW AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY ON YOUR BEHALF. THE TERMS OF USE APPLIES TO THE TOONZAKI WEBSITE ONLY. WHEN USING OTHER 4K" WEBSITES, PLEASE REVIEW THE PRIVACY POLICY AND TERMS OF USE CONTROLLING THAT SPECIFIC WEBSITE. 4K RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY OR OTHERWISE ALTER THESE TERMS OF USE AT ANY TIME. SUCH CHANGES AND/OR MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. PLEASE REVIEW THE TERMS OF USE PERIODICALLY. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES AND/OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE.

DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
This Website is related to the characters and titles of products distributed or licensed by 4K and its affiliated entities. Toonzaki provides an online video service and experience offering a selection of television programming, live action or animated programs or episodic series, or other content offered as products streamed from the Website (the "Toonzaki Service"). Please note that this Website is provided for use by individuals only and for non-commercial purposes in compliance with these Terms of Use.

OWNERSHIP OF INTELLECTUAL PROPERTY ON THE WEBSITE
4K and/or its licensors and suppliers own and retain all proprietary rights on the Website including all information and materials provided through the Website. This includes but not limited to the characters, logos, graphics, illustrations, data, text, artwork, images, audio and video, icons, software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, and links (collectively, the "Content") provided through the Website and the Toonzaki Service. The Content is derived in whole or in part from material supplied by 4K and its licensors and suppliers, and are protected by U.S. and international copyright trademark, patent, and/or other proprietary rights and laws. No Content, in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Content is in the public domain or you have obtained written permission and maintain all legal notices in tact or as provided by 4K and/or its licensors and suppliers, whomever the appropriate party may be. Modification of Content or use of the Content in whole or in part for any non-approved purpose is a violation of 4K and its licensors" and suppliers" copyright, trademark and other proprietary rights.

Toonzaki, the Toonzaki logo, www.toonzaki.com and other Toonzaki marks, graphics, logos, scripts, and sounds are trademarks of 4K Media Inc. All trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of 4K, its licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission of 4K, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and 4K will enforce its intellectual property rights in such Trademarks.

The Website is for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Websites for any purpose.

RULES OF CONDUCT ON THE WEBSITE
In order to keep the Website safe and available for everyone to use, 4K expects users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section and understanding that you will not access the Website or use the Services in a way that: violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; uses technology or other means to access, index, frame or link to the Toonzaki Services (including the Content) that is not authorized by 4K (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Toonzaki Services); involves accessing the Toonzaki Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices " but not caches or archives " of the Toonzaki Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; damages, disables, overburdens, impairs, or gains unauthorized access to the Toonzaki Services, including 4K servers, computer network, or user accounts; removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Toonzaki Services (including the Content); uses the Toonzaki Services to advertise or promote services that are not expressly approved in advance in writing by 4K; collects personally identifiable information in violation of Toonzaki"s Privacy Policy ; encourages conduct that would constitute a criminal offense or give rise to civil liability; violates these Terms of Use or any guidelines or policies posted by Toonzaki; interferes with any other party's use and enjoyment of the Toonzaki Services; or attempts to do any of the foregoing.

If 4K determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Toonzaki Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Toonzaki Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

LINKED DESTINATIONS AND ADVERTISING
This Website contains links to other Internet sites, resources and/or sponsors of the Website. 4K does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the sites themselves or the content contained on these outside sites. Providing links to these sites does not constitute 4K approval or endorsement of the content policies or practices of those other sites. Please review the terms of use and privacy policy posting on these linked sites after linking to them.

Please note that any video player and/or content embedded via the Hulu, Crunchyroll and/or other party services shall be governed by those parties Terms of Use and Privacy Policies.

4K takes no responsibility for advertisements or any third party material, nor does it take responsibility for the products and services of advertisers. As part of the Terms of Use, you agree that 4K is not liable for any loss or claim that you may have against an advertiser.

DISCLAIMER AND LIMITATION OF LIABILITY
4K is not responsible for any incorrect or inaccurate Postings on the Website, or on sites that link to or from the Website, whether caused by Users of the Website or by any equipment or programming associated with or utilized in the Website. THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4K, ITS PARENT OR AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISTRIBUTORS AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY 4K OR ANY THIRD PARTY.

4K is not responsible or liable for any problems or technical malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, or omissions arising out of your use of this Website, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Websites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites.

4K will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, including personal injury or death, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained in the Website and/or in a third party hyperlinked site.

THIRD PARTY HYPERLINKS
The appearance of websites, embedded content or external third party hyperlinks on the Website does not constitute endorsement by 4K, its subsidiaries and affiliates of the opinions or views expressed by these linked sites. 4K does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained on the linked sites. Furthermore, 4K is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither 4K nor any of its subsidiaries and affiliates will be responsible for the any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the User, be advised that in no event shall 4K assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless, 4K, its parent or affiliated companies, distributors and suppliers and their respective officers, directors, employees, agents, licensors, representatives copyright owners of materials on the sites, representatives, and third party providers to this site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) your use of , or activities in connection with the site, or (b) any violation of these terms of use by you. 4K reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 4K in asserting any available defenses.

GENERAL PROVISIONS
These Terms of Use, accepted upon accessing and use of the Website and the Privacy Policy, contain the entire agreement between you and 4K regarding the use of the Website and supersedes all prior understandings related to the Website. This Website is controlled and operated by 4K, Inc from its offices within the State of New York Therefore; these Terms of Uses shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms and conditions by 4K shall be deemed a further or continuing waiver of such provision or any other provision, and 4K’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Residents outside the United States understand and consent that the any data submitted on the Website will be transmitted to and processed within the United States. 4K makes no representation that content and materials on the Website are appropriate or available for use in any particular location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this Website may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to United States export restrictions.

GENERAL PROVISIONS
Questions regarding the Terms of Use should be directed to: Terms of Use, Legal Department, 4K Media 53 West 23rd Street, 11th Floor, New York, New York 10010. Or, send an email to: webmaster@toonzaki.com.

These Terms of Use were last updated and posted on December 4, 2012.