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Terms & Conditions
updated: 18 April, 2013
read this document carefully. This document governs your ("User",
relationship with Toadsquare S.à r.l., with registered address at 5 Jean-Pierre Hentzen Strooss
Grand Duchy of Luxembourg ,
registration number currently under application with the Luxembourg
Trade and Companies Register, ("Toadsquare",
Set forth below are the Terms & Conditions (the ”Terms
under which Toadsquare makes available its internet website, www.toadsquare.com (the
and the services provided by Toadsquare (the "Services"),
to each person or entity accessing or using the Site or the Services.
Acceptance of terms
Registration as a member
(a) Registration on the Site is free. In order to register on the Site
and become a member of the Toadsquare community and make a
transaction, You need to provide certain of the following information
as well as other information marked as required on the subscription
form: Your email address, a password, Your full name, as well as
Your country of residence. Any changes in respect to this information
shall be updated through the Dashboard by clicking on Global settings http://www.toadsquare.com/en/dashboard/globalsettings.
(b) By registering on the Site and clicking on the "I
acknowledge to have read, understood, and agreed the Terms &
Conditions of the Toadsquare website"
button, You represent that You understand at least one of the
languages in which the Terms & Conditions are available and have
read, understood and agreed the Terms & Conditions. In case You
do not understand those languages or the Terms & Conditions, You
should not register on the Site. The Terms & Conditions shall
have the same legal effect and force as a written and signed
document. If You do not agree to any of the terms and conditions
stated in the Terms & Conditions, do not click such a button or
otherwise access or use this Site or the Services or any information
contained on this Site. Any violation of the Terms & Conditions
can result in actions by Us including, but not limited to,
termination of Your account and right to use the Site, as well as any
removal of any materials uploaded/published by You on the Site.
registration on the Site, You chose to affiliate to one of the
following three categories: (i) creatives, (ii) associated
professionals, (iii) enterprises in order to describe Your profile
for the benefit of other Users. Please note that Your choice to
affiliate to one or the other category is made for presentation
purposes only and is not relevant for qualification of Your
activities from legal or tax stand point.
hereby warrant that You have a legal capacity to enter into
contractual relationships and in particular to accept these Terms &
(c) Please note that Toadsquare reserves the right to cancel the account
if no login or use of it is made for a period of one (1) year. You
will be informed about such action through User’s Website internal
email box (hereafter referred to as “Tmail”,
or as the case may be by email).
hereby declare to be aware that the communication between You and
Toadsquare will mainly be done through Tmail and possible email.
Therefore, You undertake to regularly consult Your messages on your
Amendment of these Terms & Conditions
may amend these Terms & Conditions from time to time, and place
the new version on the Site.
changes to these Terms & Conditions will be notified to the User
by publishing a notification on the Site and/or by making a
notification by email or Tmail. If You continue using the Site
following Toadsquare’s notification about the changes, this will
constitute Your acceptance of such changes. If You do not agree to
any changes to these Terms & Conditions, then You must cease
using the Site and the Services.
Account, password and security
part of the Site registration process, You will create Your account
and You will have Your own password. You are solely responsible for
maintaining the confidentiality of the password and your account, and
are fully responsible and liable for all activities that occur under
Your account, including, without limitation, all actions by any
unauthorized users registered under Your account.
agree to (i) immediately notify Toadsquare of any unauthorized use of
Your password or account or any other breach of security, and (ii)
ensure that You properly log out from Your account at the end of each
cannot and will not be liable for any loss, damage or other liability
arising from your failure to comply with this Section or from any
unauthorized access to or use of Your account.
Description of the Services, role of Toadsquare and fees
Description of the Services
Site provides a number of Services to the creative industries by
offering a platform that allows Users to interact, upload content and
sell or purchase products or services from other Users through the
activities may be exercised by Users on the Site through several
sections, including but not limited to Film & Video, Music &
Audio, Photography & Art, Writing & Publishing, Performances
& Events, Educational material, Work, Products, Blogs, Forums,
Advertising. For detailed information about the above mentioned
sections, please see the Description of the Services http://www.toadsquare.com/en/cms/descofservices.
Role of Toadsquare
is a platform provider that operates the Site and provides Services.
Toadsquare Services mainly comprise selling/providing storage space
to Users for them to upload/publish their content (the “User’s
USERS AND TOADSQUARE AGREE THAT TOADSQUAREONLY
HAS A TECHNICAL ROLE REGARDING ITS SITE AND THEREFORE,
ONLY ACTS AS A HOSTING SERVICES PROVIDER.
USER AGREES THAT TOADSQUARE’S ROLE IS LIMITED TO HOSTING SERVICES
PROVIDER AND THAT ITS LIABILITY REGARDING CONTENT ON THE SITE IS
LIMITED ACCORDING TO APPLICABLE LAW.
Free in membership
the membership of a User is completed, the latter receives free use
of a certain quantity of Services such as blog, media projects,
forum, or download of apps.
Users wish to use extra features on the Site, Services will be
charged by Toadsquare according to the price table that may be
modified from time to time, as mentioned under clause 2.3.2 below.
Storage Space Fee
products come with a standard 50 MB space allowance. If a media
project is going to use more Storage Space, You may purchase
additional Storage Space from Toadsquare. The free Storage Space
allowed to the user will be valid for a limited period of time
depending on the media project chosen.
Storage Space bought shall be eligible for renewal according to
information provided on the Site.
fees for Storage Space(the
on the Site are available at http://www.toadsquare.com/en/package/information for members and http://www.toadsquare.com/en/package/packageinformation for non members.
The Storage Space Fees will be displayed on the Site, in Euro or USD
as the case may be, all applicable taxes will be included at the time
of the check out since certain taxes depend on the country of
residence of the seller and the buyer.
purchasing Storage Space on the Site, You automatically accept the
price as published next to the Storage Space that you are buying.In
certain cases Toadsquare may propose certain Storage Space on the
Site for free, whereas any additional Storage Space will be charged
according to the Storage Space Fees that is displayed on the Buy
Tools page of Your membership information page available from the
Dashboard at http://www.toadsquare.com/en/package/buytools.
Payments through PayPal
payments on the Site shall be made through PayPal. Therefore, Users
must subscribe to PayPal and create an account in order to be able to
make purchases or sales on the Site. Please note that guest users of
PayPal may be able to use their credit cards without having a PayPal
account only for products sold directly by Toadsquare (such as
use of PayPal is subject to terms and conditions provided by PayPal
and available on its website. Toadsquare cannot and will not be
liable for any loss, damage or other liability arising from the use
Contracts concluded between the Users on the Site and fees
may conclude purchase contracts with another User on the Site, for
example, when buying any materials/products proposed by another User
on the Site. You acknowledge that such a contract is concluded
between You and the other User and that Toadsquare is a third party
to such agreement. You hereby expressly agree that Toadsquare will be
entitled to charge a service fee for any transactions made on the
Site (the “Transaction
The Transaction Fee shall be automatically added on the price chosen
by User offering product/media in way that the prices of Users’
medias/products published on the Site shall be published already with
the Transaction Fee included. The exact amount of the Transaction fee
in relation to Users’ transactions will be available in the Cart
applicable Transaction Fee will be this in force at the time of the
transaction between Users. The Transaction Fee will be displayed or
included in the price displayed at several places when making a
purchase (currently the greater of EUR 0,40 / USD 0,50 or 15 percent
but is subject to change from time to time).
does neither intervene nor control the relations between the Users.
Toadsquare is not a representative, agent or broker for the business
relationship between the Users and therefore, does not mediate or in
any other way intervene in the relationship between the Users.
note that Users are solely responsible for compliance with any tax or
any other related requirements applicable for their transactions with
other Users. The Users are provided with the possibility to indicate
onto their Dashboard any applicable taxes for their transactions with
other Users (especially as concerns the Value Added Tax or similar
consumption taxes as and if applicable).
uploading any User Content in order to sell it on the Site, You will
set the price. Such price will include shipping charges for all areas
of the globe as well as the applicable taxes, if any.Toadsquare
does not intervene in the setting of the prices, the shipping prices
or taxes, which are of Your sole responsibility as a seller.
offer You a 14 days refund of the purchase of Storage Space in case
You change Your mind and have not used the space to store User
Content. We do not refund in case You have already used the Storage
Space bought, i.e. You uploaded material/content and changed Your
the conditions for getting a refund as mentioned above are satisfied,
You may request a refund through Paypal and subject to Paypal terms
and conditions or, for products sold directly by Toadsquare, at any
time from the Dashboard.
refunds are only possible for the Storage Space bought on the Site.
Toadsquare is in no event responsible for any refunds concerning the
transactions and purchases made between the Users.
will not refund of the purchase of Storage Space in case material or
content is deleted pursuant to the report abuse system according to
4.4. Toadsquare does not take part in the relation between event
organizers and Users. In case an event is deleted or cancelled by the
organizing User before the scheduled date, the choice to refund or
not is up to the organizing User.
User’s Content and third party content
acknowledges and agrees that:
the User’s Content, including but not limited to, all information,
data, text, software, music, sound, photographs, images, videos, advertisements, messages or other materials communicated, submitted or transmitted by
User through the Site, whether publicly posted or privately
transmitted, are the sole responsibility of the User from whom such
User Content originated,
User, and not Toadsquare, is responsible for all User Content that
User or upload, post, email, distribute, communicate, transmit, or
otherwise make available using the Site and the Services or that is
otherwise made available through the use of User's account (if User
has one), whether or not authorized by User,
by using the Site and the Services, User may be exposed to User
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, libelous, vulgar, obscene, offensive, indecent,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable (in which case We encourage You to use Our
“Report a problem” procedure as described insection
by communicating or transmitting any User Content using the Site or
the Services, User grants to Toadsquare an irrevocable,
non-exclusive, and worldwide license to use such User Content for the
purpose of operating the Site and supplying the Services, and User
warrants to Toadsquare that it has the right to grant such license
for such purposes. Account is taken of the consideration for the
license in the calculation of the Storage Space Fee.
Toadsquare may provide references, frames or hyperlinks to internet
websites maintained by third parties. Toadsquare is not aware of the
content of such third party websites and makes no claims,
representations or warranties regarding such third party websites or
the contents of the same. Toadsquare is not responsible for, nor does
it endorse or recommend, any products or services provided by such
third parties through such third party websites or by any other
Toadsquare will not make backups of User’s Content and will not be
held responsible in case of loss or destruction of such content, for
example due to malfunction of the Site. Users are solely responsible
to make their own backups of their User’s Content. Nevertheless,
Toadsquare reserves the right to make backups of User’s Content and
will, in that case, observe the data retention period required by
6.1 In connection with User's use of the Site and the Services, and
without limiting any of User's other obligations under these Terms &
Conditions or applicable law, User shall, without this list being
comply with: (i) these Terms & Conditions and all other policies
as published on the Site from time to time, (ii) all local and
international laws applicable to User, including, among other things,
Act of 2 August 2002, concerning the protection of persons in
relation to processing of personal data, as modified (the “Data
and all other laws related to unsolicited commercial email messages,
defamation, privacy, obscenity, intellectual property, (iii) all
other rules or regulations applicable to User, and (iv) all privacy
policies or similar policies or procedures to which User may be bound
that are related to User's use of the Services;
not upload, post, email, distribute, communicate, transmit or
otherwise make available any User Content that: (i) is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
libelous, vulgar, obscene, offensive, indecent, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable,
(ii) infringes any patent, trademark, trade secret, copyright, or
other intellectual property right of any party, (iii) User does not
have the right to make available by reason of any law or contractual
or fiduciary relationship (including inside information, and
proprietary or confidential information obtained or disclosed in
connection with an employment relationship or pursuant to a
confidentiality agreement), or (iv) comprises or includes any "junk
mail", "spam", "chain letters", "pyramid
schemes", or any similar form of solicitation;
comply with any local or international law, rule or regulation
governing children's privacy, rights of personality or otherwise
related to protecting minors;
not interfere with or disrupt the Site or the Services or servers or
networks connected to the Site or the Service, or disobey any
requirements, procedures, policies, or regulations of networks
connected to the Site or the Services;
not engage in excessive usage of the Site or the Services, as
determined by Toadsquare in its sole discretion, including usage that
adversely affects the speed, responsiveness, or functionality of the
Site, or disrupts the availability of the Site and the Services for
not attempt to damage, deny service to, hack, crack, reverse
engineer, or otherwise interfere with the Site or the Services in any
not upload, post, email, distribute, communicate, transmit, or
otherwise make available any viruses or similar malicious software
that may damage the operation of a computer, the Site, or the
6.2 User further acknowledges and agrees that Toadsquare may cooperate
with any governmental authority in connection with any investigation
into User's use of the Site or the Services, including use in
contravention of applicable laws, and may, in accordance with
applicable laws, disclose any User Content, and any other information
pertaining to the User or to User's use of the Site or the Services,
to such governmental authority in connection with any such
investigation or action.
User accepts to receive invoices by electronic means.
Indemnity by User
shall indemnify, defend and hold harmless Toadsquare, its affiliates,
and their respective directors, officers, employees, servants and
agents from and against all claims, demands, damages, liabilities and
costs (including legal fees on a full indemnity basis) arising out of
or in connection with these Terms & Conditions.
Entry into force and termination
These Terms & Conditions shall automatically become effective
upon registration and acceptance of the Terms and Services, and
continue until it is terminated.
in its sole discretion, may terminate Your password, account and/or
Your right to use the Services, and remove and discard any and all of
Your User’s Content, at any time in case of, including and not
limited to, lack of use, failure to timely pay any Storage Space Fee
due to Toadsquare, or if Toadsquare believes You have violated or
acted inconsistently with the letter or spirit of the present Terms &
also reserves the rights to suspend or delete membership in case a
User’s email address is not valid.
8.3. Pursuant tosection
termination of these Terms & Conditions, whether it is for breach
as defined insection
8.2 above, or any other reason, shall not entitle User to any refund of
sums paid by User. However, such termination shall not release User
from paying the amounts due to Toadsquare prior to termination.
User can unsubscribe at any time.
Upon termination of the Terms & Conditions for any reason, User
shall immediately cease all use of the Site and the Services, and
User acknowledges and agrees that Toadsquare may, in its sole
discretion, take any measures Toadsquare reasonably deems necessary
or desirable to prevent further use by User of the Site or Services,
including by blocking User's IP address. User further acknowledges
and agrees that upon termination of these Terms & Conditions,
Toadsquare shall not be obliged to retain any User Content or to
provide the same to User, but may elect to do so in its sole
Accessibility of the Site and the Services
understand and agree that the Site may, at times, be inaccessible or
inoperable for any reason, including, but not limited to: (i)
equipment or communications malfunctions; (ii) periodic maintenance,
repairs, or administrative reviews which Toadsquare may undertake
from time-to-time; or (iii) causes beyond Our control or which are
not reasonably foreseeable by Toadsquare. Toadsquare’s Site is
offered as-is, and as-available, and without any guarantees to the
extent allowed by applicable law. While Toadsquare will make efforts
to maintain the Site up and running, Toadsquare has no control over
the User’s ability to access the Site at any particular time and
Toadsquare is not responsible for any limitation of services due to
technical difficulties beyond its control, including any interruption
of User’s own Internet access or of service in providing the Site.
Limitation of liability
10.1 If Toadsquare is found to be liable, Our liability to You or to any
third party, except in case of gross negligence or willful
limited to the smallest of (a) any amounts due under the present
Terms & Conditions up to the full cost of Fee paid during the
period of default, (b) the total Storage Space Fee you paid to Us in
the 12 months prior to the action giving rise to the liability, and
10.2 For the avoidance of doubt, any and all indirect, consequential or
similar damages are excluded from Toadsquare’s liability.
10.3 You hereby agree to release and hold Toadsquare harmless from any
liability as regards disputes that may arise between two or more
Users in connection with a transaction that has been carried out or
11.1 The Site and all information and screens appearing on this Site,
including documents, site design, text, graphics, logos, images and
icons, as well as the arrangement thereof, are the sole property of
Toadsquare, and are protected by author rights.
11.2 Toadsquare is a protected trademark with all rights to it belonging
to Toadsquare. The User is strictly prohibited to use this trademark
without Toadsquare’s prior written consent.
11.3 User guarantees and expressly declares that any User Content
published on the Site does not infringe any third party’s
intellectual property right or in any other way does not constitute
an illegal material.
11.4 You hereby consent to transferto
property rights attached to emails received or sent by You through
Tmail and messages or other content posted by You on forums and blogs
available on the Site, including and not limited to the rights of
representation, adaptation, translation, use, marketing, distribution
information is collected and utilized pursuant to the present clause
Your Personal Data is legitimately processed in compliance with Data
Protection Act for the performance of these Terms of Service,to
ensure good management and constant improvement of Services and their
new features; to facilitate Users account creation and the logon
process, to contact you in respect of our Services or your account;
to respond to legal requests and prevent harm.
defined in the Data Protection Act.
What Personal Data does Toadsquare process?
information. You need a Toadsquare account in order to have access to all
functionalities of the Site. When You register for an account, We
collect certain of the following informationas
well as other information marked as required on the subscription
email address, a password, Your full name, as well as Your country of
Please note that Your email address and physical address may be
communicated to another User of whom You have reported User Content
through the report abuse system.
and shipping information. If You buy Services on the Site, We require You to provide Your
billing and shipping details, as the case may be, such as a name,
billing and /or shipping address, email address and financial
information corresponding to Your PayPal account details.
settings. You can set various preferences and personal details on pages like
Your Global Settings. For example, Your default language, time zone
and communication preferences.
data You intentionally share. We
may collect Your personal information or data if You submit it to Us
in other contexts such as the information You display on Your
account, the forum, comments provided on the Site, Your Work profile
accessible on the Site, or all communication with other Users.
information. We may collect certain technical information concerning the devices
that You are using for accessing the Site or other technical
information, such as IP address, browser type and others.
for backup purposes.Despite
what is said above, Toadsquare may make backup copies of User’s
Content for security purposes. If such backup copies are made,
Toadsquare will observe the data retention laws applicable in
Luxembourg, especially as regard the retention period.
on the device You use to access Our services so We can recognize
repeat Users. Each cookie expires after a certain period of time,
don't believe cookies are sinister, but You can still choose to
remove or disable cookies via Your browser. Refer to Your http://www.aboutcookies.org/Default.aspx?page=1">web
browser's configuration documentation to learn how to do this.
Please note that doing this may adversely impact Your ability to use
Our Services. Enabling cookies ensures a smoother experience when
What are Your rights to Your information?
Your account details. You can update Your registration and other account information on
Your Dashboard (account page). Information is updated immediately.
and rectifying Your personal data. You have the right to access and rectify the personal information
that Toadsquare holds about You. This right may be exercised through
by visiting Your Dashboard (Global Settings page) as well as your
work profile or by emailing firstname.lastname@example.org" target="_blank" class="dash_link_hover">email@example.com (using or referring to the email address that was provided at the
time of registration).
the processing of Your personal data. You have a right to oppose the processing of Your personal data by
simply deleting your account through the appropriate function
directly on the Site or by contacting firstname.lastname@example.org" target="_blank" class="dash_link_hover">email@example.com to have your account deleted (using or referring to the email
address that was provided at the time of registration). If You wish
to exercise this right We will not be in a position to provide
Services to You anymore.
responsibilities. By using Our Services, You agree to comply with applicable data
protection requirements when collecting and using Your or others
personal data, such as requirements concerning unsolicited
communications as well as requirements to inform respondents about
the specific uses and disclosures of their data.
how long do we retain your data? We generally retain Your data for as long as You have an account with
Us and certain period afterwards necessary to comply with Our legal
obligations, resolve disputes, or enforce Our agreements.
Security, cookies and other important information
notify You by publishing the changes on this Site. If We determine
the changes are material, We will provide You with additional,
prominent notice as is appropriate under the circumstances, such as
via Tmail or email.
publishing a notification on the Site and/or by making a notification
by Tmail or as the case may be email. If You continue using the Site
following Toadsquare’s notification about the changes, this will
constitute Your acceptance of such changes. If You do not agree to
Site and the Services and You may close Your account at any time.
Security. We are committed to handling Your personal information and data with
integrity and care. However, regardless of the security protections
and precautions We undertake, there is always a risk that Your
personal data may be viewed and used by unauthorized third parties as
a result of collecting and transmitting Your data through the
and Forums. Our Site offers publicly accessible blogs and community forums. You
should be aware that any information You provide in these areas may
be read, collected, and used by others who access them. We are not
responsible for any personal information You choose to submit in
these areas of the Site.
Children. Our Services are not intended for and may not be used by Users who do
not have the legal capacity for entering in such contractual
relations. We encourage parents and legal guardians to monitor their
instructing their children never to provide personal data through the
Site without their permission.
acknowledge to have read, understood, and agreed the Terms &
button, You represent that You have read, understood and accepted
You expressly consent to the following:
consent to the collection, use, disclosure and processing of Your
including our procedures relating to cookies, IP addresses and log
consent and agree that We may transfer Your data to Toadsquare
contractors including the ones, located outside the European Union
and which do not ensure the same level of data protection that
exists in countries in the European Economic Area. Your consent is
voluntary, and You may revoke Your consent by opting out at any
time. Please note that if You opt-out, We may no longer be able to
provide You Our Services.
Report abuse system
13.1 As stated inSection
has a technical role regarding its Site and therefore,
only acts as a host service provider.
13.2 Under Luxembourg law, a hosting services provider is a technical
intermediary which has no control over the content of its website,
posted by Users. Therefore, Toadsquare has no obligation and will not
to perform a general control regarding the transmitted or stored
information or to search for facts or circumstances indicating
case You, another member or any third party inform Us that any User
Content is illegal through thead
hoc tool provided on the Site, We reserve the right to takedown the
content and close the User’s account used to upload such infringing
content/material even though no court order compelling Us to do so
has been issued.
13.4 The following abuse reporting procedure is available to You in order
to report to Toadsquare any abuse You have noticed on the Site. By
clicking on the “Report a problem” button available in the footer
of each media page, a Pop-up window entitled "Please
tell us why the media is Abusive or Inappropriate” will appear on
User is then offered the two following choices to report the abuse:
In my opinion some of the materials/content published on the website
seem to be unacceptable based on my own personal opinion.
In my opinion some of the material/content published on the Site are
illegal/inappropriate according to law.”
choosing the first reporting option You will be required to complete
a report procedure in order to describe the material and explain why
it should be removed from the Site.
note that Toadsquare reserves the right not to remove the notified
material/content if it considered that the abuse report is not
sufficiently grounded. If the material/content is found to be abusive
or illegal, Toadsquare will takedown this material/content on short
notice, even though such material may have been purchased by another
User. In such case, Toadsquare only exercises its obligation under
the law and no legal action shall be brought against Toadsquare. Any
claim or request for refund of the price paid for the removed
material/content shall be brought against the seller or, if no sale
is concerned, to the User who have posted the content on the Site.
choosing the second reporting option, a Pop-up window will open with
the following inscription:“Toadsquare
is sorry you find material / content published on the website to be
unacceptable based on your own personal opinion, however we will not
take down such content / material for reasons of personal taste.”
will then provide You with a box to write a message explaining why
You are offended and we will send it to the User
who uploaded the reported User Content. Such User might consider Your
complaint and remove the such User Content itself. Please note that
contact details You provided to Toadsquare during Your registration
may be communicated to such User for the purpose of getting the issue
solved between the said User and You.
13.5 Toadsquare reserves the right to terminate Your account in case You
abuse the “report a problem” tool, for example by reporting an
unreasonable number of problems, or by knowingly reporting content
that is neither illegal nor harmful.
Terms & Conditions comprises the entire agreement between
Toadsquare and the User relating to the Site and the Services. Both
User and Toadsquare confirm that they have not relied upon, and shall
have no remedy in respect of, any agreement, warranty, statement,
representation, understanding or undertaking made by any party
(whether or not a party tothese
Terms & Conditions)
unless that agreement, warranty, statement, representation,
understanding or undertaking is expressly set out inthe
Terms & Conditions.
any provision of these Terms & Conditions shall be held by any
competent authority to be invalid or unenforceable in whole or in
part, the validity of the remaining parts of these Terms &
Conditions and the remainder of the affected provision shall be
Disclaimer of warranties
Site and its content are provided “as is” without warranties of
any kind, express or implied. Use of the Services is at Your own
responsibility. We make warranties, express or implied, including,
but not limited to: (i) any implied warranties of merchantability or
fitness for a particular purpose; (ii) that the Site, or the Services
provided by Toadsquare, will meet Your requirements; (iii) that the
Site will be secure, uninterrupted, accessible, or error-free; and/or
(iv) that any information or material obtained from the Site will be
accurate, reliable, complete, or free from viruses or other forms of
malicious or destructive code.
is not responsible for the products, services, actions or failure to
act of any event, venue, promoter or other third party upload on the
or Users shall not be liable for failing to perform their obligations
under these Terms & Conditions, if such non-performance is
attributable to strikes, revolt, Acts of God, act of terrorism, wars,
disasters, legal regulation, interruption of the telecommunications
network or the electricity network or other circumstances beyond the
control of, or otherwise unforeseeable by, the defaulting party
(hereinafter referred to as “Force Majeure”). The obligations of
such party shall be suspended for the duration of such event of Force
the party affected by Force Majeure shall without delay inform the
other party about the estimated duration of the event of Force
Majeure; moreover the party affected shall use its best efforts to
remedy the effects of such Force Majeure without undue delay. If a
case of Force Majeure is expected to last for more than two months,
the Party not affected by Force Majeure may terminate these Terms &
Conditions with immediate effect in writing, and the affected party
shall not be entitled to any compensation for loss or damage, which
it may incur as a result of such termination.
Terms & Conditions are originally drafted in English and may be
translated in other languages for information purposes. In the event
of any discrepancies between the English and the translated versions
the English version shall prevail.
relationship between Toadsquare and Users shall be governed by
disputes arising out of or in connection with the Terms &
Conditions including any question regarding their existence, validity
or termination, shall be settled before the courts of the City of
Toadsquare about these Terms & Conditions
5 Jean-Pierre Hentzen Strooss
Grand Duchy of Luxembourg
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