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User Agreement / Terms of Service

Welcome to Toned Tops! These terms of service/ User agreemetn (“Terms”) govern your use of our website, located at (the “Site”), as well as any related services, features, and content (collectively, the “Services”). By using our Services, you agree to these Terms.

  1. Use of Our Services

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Toned Tops or users of our Services or expose them to liability
  • To impersonate or attempt to impersonate Toned Tops, a Toned Tops employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)
  • To upload, transmit, or distribute any content that is illegal, harmful, defamatory, obscene, offensive, or otherwise objectionable, or that infringes on any intellectual property or other proprietary right of any party

We reserve the right to terminate or suspend your access to our Services immediately and without notice if we determine, in our sole discretion, that you have violated these Terms or any applicable law.

2. Product Descriptions

We do our best to provide accurate descriptions of our products on our website. However, we do not guarantee that the descriptions or other content on our website are error-free, complete, or current. We reserve the right to modify or discontinue our products or services at any time without notice.

3. Privacy policy

Please read our privacy policy which is incorporated into these terms of service.

4. Limitation of Liability

In no event will Toned Tops, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, with our products.

5. Account creation and management

To create an account on Toned Tops, you must provide a username, your email address, and a password. The registration of a legal entity or partnership must be carried out by a natural person authorized to represent the entity or partnership, who must be designated by name. Only a single natural person may own an account. When registering, you must provide complete and truthful information. If this information changes after registration, you must update it immediately. If you provide false information or fail to update it, we may exclude you from our store.

To protect the security of your account and comply with the law, you may be required to provide current and accurate information about yourself, such as your name, physical address, telephone number, date of birth, tax ID or VAT number, and company registration (if applicable). We may also request additional documents or information to verify your identity, such as a copy of your government-issued identification and other legally required documents. It is strictly prohibited to use false information or impersonate another person through your account. If you do not provide the requested information or documents, your account may be terminated or restricted, and any Seller earnings associated with your account may be delayed or withheld.

In the event of a User’s death or permanent incapacitation, we may request certain documents from the User’s successors, assigns, or legal representatives, including, but not limited to, a death certificate, proof of succession, or power of attorney.

You are solely responsible for any action made on the store using your account, including any Products purchased or sold and any Content displayed or messages sent, even if these actions were not approved or contemplated by you. You are responsible for any loss caused by any use of your password by you or any other person.

You agree not to disclose your password to any other person and not to keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

If you are unable to access your account and request our assistance, we may request information about your identity to ensure that you are the owner of the user account in question. This is to ensure the security of user accounts and prevent unauthorized access to them by third parties.

6. Intellectual Property Rights and License

All intellectual property rights, including but not limited to patents, copyrights, trademarks, and trade secrets, related to Toned Tops’ website, software, and systems are owned by or licensed to Toned Tops. You agree not to use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our website, software, or systems without our prior written permission.

7. Prohibited Activities

You agree not to circumvent, disable, or otherwise interfere with security-related features of Toned Tops’ website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein. You agree not to use any of the content on Toned Tops’ website for commercial purposes or copy, distribute, or transmit any of the content displayed on the website other than expressly permitted herein.

8. Linking

Links to Third-Party Websites
Our website may contain links to third-party websites, which are provided solely for your convenience. We do not endorse or control any third-party website or its content, and we are not responsible for any information, graphics, materials, products, or services referred to or contained on such third-party websites.

Disclaimer of Liability
Access to any third-party website linked from our website is at your own risk. We do not assume any responsibility for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any content, goods, or services available on or through any third-party website. We expressly disclaim any liability arising out of or related to such third-party websites or their content.

Release of Liability
By using our website, you release Toned Tops from any and all liability arising from your use of any third-party website. You acknowledge and agree that Toned Tops is not responsible for the content, privacy policies, or practices of any third-party websites that appear on our website.

9. Copyright infringement

Toned Tops respects the intellectual property of others and expects users of the Site to do the same. When using and interacting with Toned Tops and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining the copyright holder’s prior written consent. This specifically includes the submission of a design. Toned Tops reserves the right, in its discretion, to remove any User Submission it believes may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied or posted on the Site in a way that constitutes an infringement of your copyrights, you must send a written communication to toned tops at, that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To ensure that this online destination for creativity is available for all, it is essential that all Users respect the intellectual property rights of others, including copyrights, trademark rights, and publicity rights. Sellers may only upload their original creations and only offer products for sale that display their original creations. If you are uploading or using something that you didn’t create yourself, then you must have permission from the applicable rights holder who owns that content.

Respecting the intellectual property rights and other rights of everyone is an essential principle of the Site. Additionally, displaying your art on the Site puts it out there for the world to see. You need to be aware that publishing your content in this way comes with important legal responsibilities. It is your responsibility to make sure you are not violating anyone’s rights or breaking any laws by using the Site, including by publishing your content, offering your products for sale, and otherwise using or accessing the Toned Tops Services.

10. Disclaimer and limitation

The site is controlled and offered by Toned Tops from its facilities in Australia. Toned Tops makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law. As a User, you must ensure that your access to the Toned Tops website and your use of the Toned Tops Services is not prohibited by law.

The Toned Tops website and the Toned Tops Services are provided on an “as is” basis. We do not represent or guarantee that the Toned Tops website, the Toned Tops Services, or any Linked Website will be free from errors or viruses. We do not represent or guarantee that access to the Toned Tops website or the Toned Tops Services will be uninterrupted. We acknowledge that the Toned Tops website and Services may be affected by outages, faults or delays, which may be caused by technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic, or technical difficulties with the internet or infrastructure failures.

We do not make any warranties or representations regarding any content uploaded to the Toned Tops website, including but not limited to, that it will be protected against loss, theft, misuse, or alteration by third parties. We do not warrant that Content will be available on the Toned Tops website, or that Content will be available in whole or in part on a certain time frame. Toned Tops does not accept any liability to you or any third parties for any losses arising directly or indirectly from a failure to provide the Toned Tops Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Toned Tops Services, or any transmissions or Content of others in contravention of this User Agreement.

Toned Tops, an online T-shirt company, is subject to limitations and disclaimers of warranties under the User Agreement. The User Agreement states that the company makes no representations, warranties, or conditions of any kind, express or implied, with respect to the store or the services offered. Toned Tops and its fulfillers will not be liable for any direct, indirect, or consequential loss or damage suffered by customers arising from the User Agreement or use of the website or mobile app. However, if legislation implies any condition or warranty, Toned Tops’ liability will be limited to the facilitation of repair or replacement of goods, or payment of the cost. The User Agreement also specifies that the disclaimer does not exclude liability arising under statute if such liability cannot be lawfully excluded.

Toned Tops’ liability is further limited in that it, nor any of its subsidiaries or affiliates, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners, or operators, will be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from errors, mistakes, inaccuracies of content, personal injury or property damage, unauthorized access to personal information, interruption or cessation of transmission to or from the site, bugs, viruses, Trojan horses, or any other loss or damage incurred from use of the site, even if the company is advised of the possibility of such damages. Customers acknowledge that Toned Tops will not be liable for user submissions or any defamatory, offensive, or illegal conduct of any third party.

11. Indemnity

You agree to indemnify, defend, and hold harmless Toned Tops, its officers, directors, employees, affiliates, agents, and representatives, as well as all third parties involved in the sale or offer for sale of your products, from any claims, damages, losses, liabilities, and costs that arise from your breach of the User Agreement or any allegations of copyright, trademark, trade secret, or other intellectual property violations by your use of the Toned Tops store or your products.

Toned Tops may freeze or retain funds in your account to cover any legal costs associated with your breach. This indemnity applies regardless of negligence by any party and survives the termination of the User Agreement.

Similarly, as a user of the Toned Tops site, you agree to defend, indemnify, and hold harmless Toned Tops, its parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator, from any claims, damages, obligations, losses, liabilities, and expenses arising from your use of and access to the Site, violation of the Terms of Use, violation of any third-party rights, or claims that your User Submissions caused damage to a third party. This defense and indemnification obligation survives your use of the Site and the Terms of Use.

In summary, Toned Tops requires users to indemnify and defend them against any legal claims or costs arising from the user’s breach of the User Agreement or Terms of Use, or any intellectual property or third-party rights violations. These obligations survive the termination of the agreement or terms.

12. Limitation of liability

Without limitation to other disclaimers and limitations of liability in this User Agreement, in no case will Toned Tops be liable for any consequential loss or damage suffered by you arising from this User Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

13. Termination or Cancellation and Obligations

Toned Tops may terminate these Terms of Use, your access to the Site, and/or your account, with or without cause or notice, at any time and at its sole discretion. If terminated, you will still be responsible for any breaches of these Terms and obligations incurred before termination. Any use of the Site after termination will constitute agreement to the then-current Terms of Use. Toned Tops may continue to use electronic or printed materials that contain Content, subject to the terms of Section 17b (“Severance”), if it has already created or developed plans to create such materials.

The provisions titled “Intellectual Property Rights,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnity,” and “Additional Terms,” as well as the Artists Agreement and Privacy Policy, will survive the termination of these Terms of Use.

14. Parody Law Disclaimer

Toned Tops is a company that creates parody art for t-shirts. We understand the importance of free expression and creativity in our designs, and we also respect the intellectual property rights of others. Our parody designs are protected under the fair use doctrine of copyright law.

However, we do not condone the infringement of any intellectual property rights, and we ask that our customers do the same. If you choose to create your own parody designs, please ensure that they do not infringe upon the copyrights, trademarks, or other intellectual property rights of others.

We reserve the right to reject any design that we believe may infringe upon the intellectual property rights of others. If you believe that any of our designs infringe upon your intellectual property rights, please contact us immediately so that we can investigate the matter and take appropriate action.

By using our services, you agree to indemnify and hold Toned Tops, its officers, directors, employees, affiliates, agents, and representatives harmless from any claims, damages, losses, liabilities, and costs that arise from your breach of this Parody Law Disclaimer, or any allegations of copyright, trademark, trade secret, or other intellectual property violations related to your use of our services. Should you see any issues or believe there to be any copyright infringements please refer to section 9 and contact toned tops.

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