(Term use to for user “you” or “your”)
TERMS OF SERVICE
This contract is Tony Brands’ Terms of Service/Agreement for all user using our platform including Tony Brands, LLC as well as our online subsidiaries. The user understand and agree that this is a legally binding agreement between Tony Brands and the user; as well as customer who use and access our services on our website.
We reserve the right to amend or change our Terms of Service/Agreement at our discretion. By joining or continuing to use of our website or platform, you are hereby acknowledge and agree to our terms of service/agreement. Our Privacy Policy is incorporated herein.
I. WEBSITE USAGE
Tony Brands is an online network for content creators to build their brand using our digital service through our website. Service such as content creation; digital licensing; crowdfunding and assistance with copyright disputes are all parts of services we offer to our user. User and anonymous user must follow all rules and policy we set forth for all user.
Prohibit
- Downloading, copying, or transmitting any of our data/information on our website
- Any sort of hacking such as intending to extract other user personal data
- Scam and Spamming: We prohibit any scam or spamming on our platform.
- Using our website or its content for any other purpose other than which it was intended is prohibit.
- Harassing; stalking; bullying; or threatening behavior towards us, employees, customers or users is prohibit;
- Engaging in any behavior that might violate our intellectual property rights is prohibit
- Impeding or interfering with our website security or server.
- Using our website, company names and trademark logo without permission.
- Using other copyright work and claiming it as your own is prohibit
II. TONY BRANDS LICENSE
Tony Brands users are granted a limited, world-wide, non-assignable and non-transferable royalty-free license to access, use, and display our trademark logo and icon within their media content. Tony Brands trademark logo and icon are intended to be use by our users. Non-users are prohibit from using Tony Brands trademark logo and icon. Users are prohibit from using our trademark logo or icon for personal use or anything outside of our services and platform.
We reserve the right to cancel or terminate your license rights to use or display our intellectual property at our discretion with a formal legal notice to you.
III. SERVICES
The following terms and conditions apply for all our services on our platform:
(A) Creator Coverage
Please note that we are not a legal or insurance entity. Tony Brands and our subsidiaries are not liable for content creator users whom willing or knowingly infringe on a copyright material.
All produce content by our creator that are hosted on our platform are not owned by Tony Brands but our content creator member.
Types of Creator Coverage we offer to our content creator member.
- Content Coverage – Cover content creator use of other copyrighted material in their media content.
- Copyright Coverage – Cover content creator original media and artwork. Enforce momentary payment on our content creator behalf.
Content Coverage: Protect member’s media content from false copyright claims takedown. Tony Brands Creator Coverage does not cover member’s content that has been terminated due repeated violations of community guidelines or term of service violations on a media platform.
Copyright Coverage: Protect our creator members original media work or artwork through legal action. We will enforce momentary payment against unauthorized uses of original media or art work on creator members behalf. Any payment collected will go to our creator members.
Aggregate Liability
The aggregate liability for monetary loss arising out of or relating to unauthorized use of copyrighted materials by Tony Brands’ member, shall in respect of a single occurrence or a series of occurrences in no circumstances exceed the amount equal to the payments of $500 made by Tony Brands to copyright holder when the claim in question arose.
CREATOR COVERAGE
If content creator user choose to pay for Tony Brands Creator’s Content Coverage they are hereby in agreement that Tony Brands have limited ownership of their media content on an annual basis.
For content creator whom create online videos for social media platform such as youtube, instagram and other platform. According to Youtube Fair use guideline works of commentary, criticism, research, teaching, or news reporting may be considered fair use. Tony Brands’ Creator Coverage will help users settle copyright dispute if the creator’s media content is transformative and fall under fair use.
Users cannot make claims that their media content material are protected from copyright laws.
Supporters Donation to the Creator Coverage service are used for maintaining staffs and staff that specialized in legal contract and media. Tony Brands LLC, retains the right to use the funds in any manner that it sees fit to benefit the service and content creator.
(B) Community Guidelines
Our community guidelines policies for user is to help our content creators community safer.
Tony Brands Hub Activity Page is a free service created for all content creator to connect and post their media content or social media content in one place.
We do not tolerate any behavior that make our platform toxic or unsafe environment for other content creator and user to use.
- Spamming: We prohibit any scam or spamming on our platform.
- Using our website or its content for any other purpose other than which it was intended is prohibit.
- Harassing; stalking; bullying; or threatening behavior towards Tony Brands, our staffs, or Content Creator or users is prohibit;
- Engaging in any behavior that might violate our intellectual property rights is prohibit
- Impeding or interfering with other content creator account or hub activity page.
- Using our website, company names and trademark logo without permission.
- Using other copyright work and claiming it as your own is prohibit
Prohibited video and topic on Tony Brands Hub Activity Page
Pornography – Explicit content meant to be sexually gratifying is not allowed on Tony Brands. No nudity.
Dangerous content: Any media content link that intended to encourage or promote violence is prohibited.
Illegal Activity: Tony Brands prohibited any user from using our website or platform for illegal activity. That include media content link promoting illegal activity.
Harassment: User are not allow to post media content link that threatens individuals, groups, religion or an individual gender.
Hate speech: Any media content link
Violent Content: User are prohibited from showing real footage of gory or real life violence such as street fighting, shooting, and violent accidents.
Abuse: User are prohibited from posting media content link or showing any abuse against individual, a child or animal.
Streaming illegal activity: User are prohibited from live streaming any illegal activity such a doing illegal drugs, committing crimes or violent act.
Streaming full movies or shows: User are prohibited from uploading live streaming full movies or shows such as from TV show or subscription streaming service such as Netflix.
Promoting product: Tony Brands prohibit user from promoting products video.
Spam and scams: Tony Brands prohibit any spam or scams on our platform.
Misinformation: Any media content link that promote misinformation about health, remedies or cure, doctored content intended to mislead, election misinformation that can cause harm or deception to others is not allow on Tony Brands.
All original artwork and content that are upload/published on our website are owned by the original creator. Uploaded post with original art work or content from the original artist are consider proof of copyright ownership.
***Any content creator member or user whom is in violation of our community guidelines will have their account terminated and ip address block. ***
(C) Embedding and Links on Hub Activity Page
(1) Content: Content Creator member is free to embedded their content and social media post on their hub activity page. Tony Brands does not allow content creator member to embedded other copyrighted content without permission from the copyright owner.
(2) Music: Content Creator member is free to embedded their music from other platform or upload their music file to our platform for others to listen. We discourage our content creator members not to embedded other song without permission from the copyright owner.
(3) Live streaming: Content Creator member is free to embedded their live stream content from live streaming platform. We discourage our content creator to not live stream full copyright movies, shows or live sport events.
(4) Link: Content Creator member is free to link to their content or social media platform. We prohibit our content creator to not link to website that promote nudity, pornography, illegal activity, dark web, violence, or misinformation news.
IV. CUSTOMER SUPPORT
Our support services on a first come-first served basis. We use a third-party software for our customer support service. User are hereby agree that by using Tony Brands customer support grant us the rights to conduct business concern or problems that relates to our services through a third-party software. User are also hereby agree that Tony Brands is not liable for any unresolved concern or problems through our customer service.
V. RULES AND CONDUCT
Please Note: We have a Zero Tolerance Policy for: Spam; harassment; bullying; discrimination; human-trafficking; obscenities; pornography; bigotry; copyright infringement; and theft.
Users, visitors, and supporters must not use our website or platform for any improper, illegal, or prohibited purpose. In addition, user are prohibit to use our website in any way that could affect its’ availability or use; or in connection with any unlawful activity.
VI. INTELLECTUAL PROPERTY
Users, visitors, and supporters understand and agree that all creative assets including but not limited to our brand name; logo; slogan; icons; websites and content; social media sites and content; as well as products and services are registered trademark owned by Tony Brands, LLC and its owner. All of our Intellectual Property is protected by both U.S. Trademark and Copyright Laws as well as International Copyright Laws and the Berne Convention.
VII. DMCA POLICY
Copyright claim against our creator user are taken seriously on our platform. Tony Brands created a DMCA policy for both creator user and copyright owner to resolve any copyright dispute.
Any DMCA claim are require to provide proof of copyright ownership of the infringe media content material.
1. All DMCA claim goes through our ‘Creator Coverage’ service to handle copyright dispute.
a). Provide proof of copyright work that has allegedly been infringed. Example: Ownership document.
b). Provide the website or name of the copyright content you believe has been allegedly infringed;
c). Provide the name(username) or youtube channel
d). Select what copyright violation you want to take. Ex. Copyright take down of a content…etc
e). DMCA claims that are seeking compensation for copyright infringement from our user are require to further scrutiny for proof of copyright material ownership. Any aggregate liability from Tony Brands on behalf of our user will be the amount of $150, $350, $400 to $500 per copyright infringement.
If any DMCA copyright claim cannot be resolve on our website or platform. We reserve the legal right to move all copyright case to an arbitration with the American Arbitration Association, or Federal District Court in the State of North Carolina.
VIII. USER TERMINATION
(A) Tony Brands, LLC. Our company reserves the right to terminate or cancel a user access to all or any part of our website or services at our discretion. Any termination notice will be sent through email.
(B) User Account. Users have the rights to close or terminate their account at any time by sending a cancellation request to our Support Service Department Notice. Any cancellation request are honor and herein a user understand and agree that all post, media content and user data will be deleted and cannot be undone. We may retain some user information within our database for a period up to sixty days during which time our servers will automatically delete a user information.
IX. THIRD-PARTY SOFTWARE
Tony Brands use some third-party software on our website. All third-party software are the rightful owner of their company and is used on a contract base by Tony Brands. We are not libel for any punitive damage due to our decision to not renew or use another third-party software.
X. LIMITATION OF LIABILITY
User acknowledge all risk when using our website or services. Tony Brands is not liable for any incidental or indirect damages arising from a user or visitors inability to access or use of our website and services. I
TO THE EXTENT PERMITTED BY LAW. THE TOTAL LIABILITY OF TONY BRANDS AND ITS SERVICES. FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THE USERS USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR FROM OUR USERS BEHAVIOR, IF WE ARE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES CAUSE ON OUR PART BY A COURT OF LAW. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE RAISED ON OUR WEBSITE IN THE PAST TWELVE MONTHS.
XI. SERVICES
Any services offer to our user by Tony Brands are subject to being modify, change or shutdown at our discretion. We are not liable for any damage of content or data being lost due to our decision to shutdown our service. Any changes in our service, or resumption to our service will be posted on our company’s website notice to user through email.
XII. DISPUTES
1.Arbitration. In the event of a dispute about the Tony Brands ‘Terms of Use’ or the interpretation, each party involve agree to resolve any legal dispute through an arbitration first and foremost. Tony Brands will have the rights to choose the American Arbitration Association to oversee the any legal dispute against Tony Brands.
2. Legal Notice. Tony Brands have the rights to request an arbitration to try to resolve any dispute against us. If arbitration fail to resolve a dispute against us all legal notices shall be served as provided herein to Tony Brands legal team within reasonable timeline. Upon filing of the complaint, all legal filing shall be conducted through U.S. jurisdictions and in the state where Tony Brands LLC operate.
3. Jurisdiction. Any other claims regarding our intellectual property; copyrights; or trademarks; shall be governed by the Courts in the U.S. jurisdictions including but not limited to Federal & States District Court.
XIII. PRIVACY POLICY
Tony Brands is committed to maintaining the privacy of our user’s information and data. Any information collected from user are store on a secure server. We do not share or sell any user information or data to third-party on our platform. All user information are used for data analyst on our website.
We uses cookie on our website in order to improve a user experience on our platform. A “cookie” is defined as small file in a browser that store or retrieve any information on a computer, tablet and smartphone. User or visitors who do not wish to consent Tony Brands from using cookie can choose the option to change their browser’s security settings to match the user preference. Opting out of using cookie on our website may alter the way our website is accessed and used by user/visitor.
All modification, update or change to our privacy policy is at our discretion. When any changes to our privacy policy are made we will notify users through email about the privacy policy changes.
(A) User data
Our company only collects data from users that is necessary for basic features that help our website functions. This may include and is not limited to:
- · User registration
- · User Login
- · Messaging
- · User posts
- · Crowdfunding Campaign Data
(C) Messaging & Emails
Messages and emails is a service from offer from use using third-party software. Tony Brands do not accept liability or responsibility for any transmission of data or information which is not related to our core business. Any use of our messages or email service on our website other than related to our core business is prohibit.
XIV. NOTIFICATIONS
Notifications used on our website.
1. Notification are send to users our website through our messaging service and sending emails.
2. There are different types of notifications on our website. All-User Notification, Copyright Dispute Notification and User Warning Notification.
- All-User Notification – We send out to all user relating to our website and service.
- Copyright Dispute – An individual user notification to inform a user about a copyright dispute against him/her.
- User Warning – An individual user notification to inform a user that they broke our term of service agreement.
XV. MODIFICATION/ASSIGNMENT
The customer understands and agrees that this Agreement may not be assigned, sold, assigned, transferred, or modified, without the prior written consent of an authorized representative of our Company.
XVI.GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the of the State North Carolina without regard to conflicts of law provisions. If any clause or paragraph with this agreement is considered unenforceable or invalid under a law or statute will be made invalid by an order of a court of law. The invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.
XVII. GENERAL PROVISIONS
User understand and agree that our Company reserves the right to update, change, modify, or alter our Terms of Service, Privacy Policy, or agreements at any time with or without Notice to you. You acknowledge that you have read, understand, and agree to the terms of this Terms of Use and Service Agreement.
