Terms Of Service

1. Overview

This website is operated by Toneyking. Throughout the site, the terms “we”, “our” and “us” refer to Toneyking. Toneyking offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after any changes are posted constitutes acceptance of those changes.

2. User Obligations

By downloading, accessing or using the Site, you represent that you are at least eighteen (18) years of age or the age of legal majority, whichever is greater, and that you agree to these Terms. You also agree to comply with all applicable local, state and national laws and regulations in connection with your use of the Site. You also represent that you will always provide true, accurate, current and complete (and up-to-date) information when submitting information to us through the Site. You will only use the Site as permitted by this Agreement and you will not use the Site or the Content for any commercial, political, obscene, illegal or inappropriate purposes. We reserve the right, in our sole discretion, to terminate your access to the Site for any reason or no reason. If you register for an account on the Site, you may be required to provide an email address and password, and there may be additional requirements that we may specify from time to time. You agree to accept full responsibility for your use of the Site, including any activities that occur through your password (and related account access). You must notify us immediately if you suspect or become aware of any loss, theft or unauthorized use of your password.

3. User-Generated Content

By submitting or posting any material or content on the Site (“User-Generated Content”), you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce and sublicense such materials or any portion thereof. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party and that you have the full right to grant us the license set forth above. We shall be entitled to use any User-Generated Content without any obligation of confidentiality, attribution or compensation to you. Limitation of Liability; Disclaimer of Warranties. Except where not applicable or prohibited by law, the website and all content, products and other information on or accessible from or through this website are provided “as is” and “as available”, without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.

4. Third-Party Links

Certain content, products, and Services available through our Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5. Terms of Sale

Our receipt of an electronic order confirmation or other form of order confirmation does not constitute acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, regardless of whether your credit card has been charged. If your credit card has been charged and we cancel your order, you will receive a prompt refund in the form of a credit to your account.

We reserve the right, without prior notice, to limit the order quantity for any product or service and/or refuse service to any customer. We may also require verification of information before accepting and/or shipping any order.

Once an order is accepted, the product will be shipped to the address specified by the buyer. All purchases on this website will be made pursuant to a shipping contract. We will file a claim with the shipping carrier for damaged and/or lost shipments. If your package is lost or damaged, please contact us at [email protected]. Shipping terms, including those set out in our Shipping Policy, are accepted by you when you place an order.

Payment terms will be determined by our policies and, unless otherwise agreed in writing, will be as follows: When you place an order, you will be charged 100% of the total payment amount plus taxes and shipping charges, if applicable. Unless otherwise specified, payment will be made in US dollars. Shipping and handling charges will be calculated in accordance with our current policies.

We accept payment for transactions through third-party payment processors. You agree to comply with the terms and conditions of these processors. You also represent and warrant that: (i) the credit card information you provide is accurate, complete, and true; (ii) all charges you are charged will be honored by your credit card company; and (iii) you will pay all charges in full at the posted prices, including all taxes, shipping, and other charges (if applicable).

6. Restrictions

You agree that you will not violate any applicable laws or regulations in connection with your use of the Site or Services or in connection with any products purchased through the Site.

You agree that you will not distribute, upload, provide or otherwise make available through the Site or Services any suggestions, information, ideas, comments, causes, promotions, materials, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, names, images, sounds, photographs, software, music, audio, video, comments, messages, tags or similar materials (“Submissions”) that:

• are illegal or encourage others to engage in any illegal activity;
• contain viruses or any other similar malware that may harm the operation of our or others’ computers;
• infringes any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;
• is false, inaccurate, fraudulent or misleading; or
• is defamatory, libelous, obscene, inappropriate, abusive, harassing, threatening or bullying.

You also agree that you will not do any of the following:

• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site or Services;
• interfere with or disrupt the operation of the Site or Services, including restricting or inhibiting any other person from using the Site or Services by hacking or sabotage;
• transmit to or make available in connection with the Site or Services any denial of service attacks, viruses, worms, Trojan horses or other harmful code or activity;
• attempt to probe, scan, or test the vulnerability of the Site or Services or to breach our security or authentication measures;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• harvest or assemble email addresses or other contact information of other users of the Site or Services;
• submit or post false, incomplete, or misleading information to the Site or Services, or provide such information to us;
• register for more than one user account; or,
• impersonate any other person or entity.
• No text or data mining, or web scraping

This provision shall not apply to the extent (but only to the extent) we cannot exclude or restrict text or data mining, or web scraping by contract under the laws applicable to us.

You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any Services provided through or in connection with our Site. This includes using (or permitting, authorising or attempting to use):

Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, retrieve, copy, monitor or republish any part of the Site or any data, content, information or Services accessed through it.

You agree that you are not authorised to access any part of the Site or Services that we have not made publicly available or accessible to registered users (whether or not) and that you must not attempt to bypass any security measures in place on the Site or Services.

Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Site or Services shall not be limited to violations of these Restrictions.

7. Disclaimer and Limitation of Liability

We do not represent or warrant that access to the Site or Services will be error-free or uninterrupted, and we do not warrant that users will be able to access or use the Site or Services or their features at all times. We reserve the right at any time to modify the Site or to discontinue (temporarily or permanently) the Services or any part of the Services without notice.

The Site or Services may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Although we reserve the right to review, edit, delete or modify information from or on the Site or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, relevance, completeness, currency, quality, completeness or applicability of any such information.

The materials appearing on the Site or Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to be and do NOT constitute legal, financial, investment, business or professional advice of any kind. Persons accessing materials appearing on the Services should not act upon them without first seeking relevant professional advice. The materials should not be used as a substitute for consultation with professional advisers. You agree that we are not responsible for any financial, business or legal decisions you may make.

By using the site and/or the services, you agree and acknowledge that we provide the site and the services “as is” and without any warranties of any kind, either express, implied or statutory. We and our parents, subsidiaries, officers, directors, shareholders, members, managers, employees and suppliers specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement or any other warranties. No advice or information (whether oral or written) obtained by you from us shall create any warranty. Use of the site and/or services is at your sole risk. We do not warrant that you will be able to access or use the site and/or services at times or locations of your choice; that the service will be uninterrupted or error-free; that defects will be corrected; or that the service is free of inaccuracies, user errors, viruses, or other harmful components. To the maximum extent permitted by law and except as prohibited by law, in no event will we or our affiliates, licensors or business partners (collectively, the “related parties”) be liable to you based on or related to the service, whether in contract, tort (including negligence), strict liability or otherwise, and shall not be liable for any loss or damages, including but not limited to direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or in any way connected with access or and/or the parties have been advised of the possibility of such damages.

9. Information, Content and Specifications

We attempt to ensure that the information provided on our Website is complete, accurate and up-to-date, but we make no representations as to the completeness or accuracy of any such information. For example, products may not be available or may have different attributes than those listed. The features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. All weights, measurements and similar descriptions are approximate and are provided for convenience only. We make reasonable efforts to accurately display product attributes, including applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.

10. Indemnity

You agree to defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, reasonable attorneys’ fees) arising from: (i) your use of and access to the Site or Services; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (iv) any claim that any of your Submissions causes damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or that violates the rights of any person or entity, is engaged in, caused or facilitated in any way through the use of the Site or the Services. This defense and indemnification obligation shall survive any termination or expiration of this Agreement or your use of the Site and/or the Services.

11. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

12. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

13. Contact information