Tonka Beans

Terms of Service

This Terms of Service ("TOS") governs use of the Site by all users and visitors (registered and unregistered). Any user or visitor to the Site is referred to as a “user” or as "you." The "Site" includes the web site, services and features located at or available through www.tonkabeans.com, www.tonkabeanz.com and www.tonkabeans.tv and any mobile versions thereof. Athena’s Tryst, LLC dba Tonka Beans (“Tonka Beans”, “we” or “us”) owns and operates the Site. You may visit the Site and browse without registration, however certain features of the Site require registration in order to participate, such as the content upload and community posting features as well as newsletter sign-up. THE SITE IS FOR THE USE OF US RESIDENTS WHO ARE 13 YEARS OR OLDER.

1. ACCEPTANCE OF TERMS
We have established the following terms and conditions so that we (and you) know what to expect from each other. Please read this TOS carefully before using the Site. BY VISITING, USING OR REGISTERING FOR THE SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THIS TOS. This TOS incorporates by reference the terms of Tonka Beans’ Privacy Policy and by agreeing to this TOS you are also accepting the terms of the Privacy Policy. Additional operating guidelines ("Guidelines") may be posted from time to time that will apply to a particular aspect of the Site, and such Guidelines are incorporated by reference into this TOS. If you do not accept all of the terms and conditions of this TOS, including any Guidelines and other terms referred to herein, and the Privacy Policy, you may not use the Site.

2. SITE CONTENT
The Site (including services available through the Site, such as our video downloads, advice and e-mail newsletters) contains information, data, software, photos, web design, graphics, audio, video, text, images and other material, including the selection and arrangement thereof (collectively "Content") owned by Tonka Beans and/or its licensors. The Content is made available to you for your personal, non-commercial use and may be stored on a computer or printed only for such use. You may also link to or embed Content from the Site onto your social networking or other personal web pages in connection with such personal, non-commercial use; provided that you may not include a link to or embed Content form the Site to any website which contains material or encourages behavior that is illegal or offensive and any link or embed may not suggest or imply that we are sponsoring or endorsing such website(s). Certain Content available on the Site is licensed by us from third parties and may be subject to additional terms and conditions which will be posted on the Site. The Content is protected by copyright, trademark, and other proprietary rights and laws. Use, redistribution or modification of the Content in any manner other than as expressly permitted in this TOS is strictly prohibited. If you violate any of these terms, your permission to use the Content and the Site will automatically terminate and you must immediately destroy any copies you have of any portion of the Content. Use of the Site is currently made available without any fee; however we reserve the right to charge a fee for use of all or a portion of the Site and in such event we will post additional terms applicable to payment and fees.

ALL CONTENT AND INFORMATION CONTAINED ON THE SITE, INCLUDING ANY RELATING TO SPECIFIC STOCKS, INVESTMENTS OR FINANCIAL STRATEGIES, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT A RECOMMENDATION THAT ANY PARTICULAR SECURITY, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. PAST RESULTS FROM ANY INVESTMENT OR STRATEGY ARE NO INDICATION OF FUTURE PERFORMANCE. See TOS Section 9 below entitled “No Financial Advice” for more details on this subject.

3. USER CONTENT
You are solely responsible for all Content of any type that you upload, post, email, transmit or otherwise make available ("Post") on or through the Site. Content Posted by any user to the Site is called “User Content”. You may Post only User Content which you own, have created or which you have clear permission from the owner to Post. You acknowledge and agree that Tonka Beans does not endorse any User Content and is not responsible or liable for any User Content. You acknowledge that Tonka Beans may or may not (but has no obligation to) pre-screen User Content, but that Tonka Beans and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Site. We reserve the right without prior notice to you to edit, change, move, delete and/or remove any User Content which does or may violate this TOS or for any other reason.

You acknowledge that User Content is a public (not private) communication and other users may access and view your User Content without your knowledge or consent. You should not have any expectation of privacy with respect to your User Content. By Posting User Content on the Site you grant Tonka Beans and its licensees the non-exclusive, worldwide, sub-licensable, perpetual, irrevocable, royalty-free license and right to use, reproduce, modify, translate and distribute the User Content on the Site, through other services owned or operated by us, through third party distribution platforms and networks, otherwise in connection with Tonka Beans’ business, in connection with promotion for any of the foregoing or for other purposes, and to incorporate the User Content, including in any modified form, into other works in any format or medium now known or later developed, without compensation or attribution of any kind. You agree that the foregoing grant of rights by you is provided without any the entitlement of payment of fees or other consideration. You expressly agree that Tonka Beans is not responsible and shall have no liability for any loss or damage of any kind arising from or related to use, removal, loss or damage to any User Content. Further, we have no responsibility or obligation to store or maintain copies of any User Content, and shall have no liability in connection with any storage or failure to store or obligation to provide copies of any User Content that may be stored.

4. YOUR CONDUCT ON THE SITE
You agree to use the Site, including your participation in any blogs, community boards or other features that permit communication, Posting, creating User Content or interacting with others through the Site, solely for lawful purposes and in a manner that is proper and appropriate to the particular forum. Specifically but without limitation, you agree not to:

  • Defame, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • Post any inappropriate, unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law
  • Post any personally identifiable information about yourself or others, such as phone numbers, social security numbers, account numbers, addresses or employer references
  • Falsify or delete any author attributions, legal or similar notices, or labels of the origin or source of software, Content or User Content that is Posted or otherwise displayed on the Site
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Post surveys, petitions, contests, pyramid schemes or chain letters
  • Post advertisements or solicitations for funds or to sell any goods or services
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another person's computer
  • Restrict or inhibit any other user from using and enjoying the Site
  • Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site.
  • Use the Site in any manner that violates any applicable law, regulation or court order, including without limitation the regulations of the U.S. Securities and Exchange Commission, or the rules of any securities exchange


You agree not to access the Site by any means other than through the interface provided by us for use in accessing the Site. You understand that the robots.txt file is the only means by which robots are authorized to access the Site and you agree not to violate any of the robot access policies.

5. YOUR ACCOUNT OBLIGATIONS
In order to use certain features of the Site, you must complete a registration form. You agree to provide true, accurate, current and complete information about yourself on the registration form and to maintain and promptly update such information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Site. Account information and certain other information about you are subject to the terms of our privacy policy (see our Privacy Policy).

As part of your registration for the Site you will select a password and username which must be unique and not offensive. After completion and submission of all required registration information, an account will be created for you and you will receive an email confirming your registration for the Site. You agree to maintain the security of your account on the Site, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including any charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password, username or account or any other breach of security and to promptly change your password.

You are responsible for obtaining any equipment and Internet service necessary to access the Site and for any costs of equipment and service you select.

6. LINKS TO THIRD PARTY SITES; ADVERTISERS
The Site may provide you with the opportunity to link to or otherwise use websites, products, services or content offered by third parties including but not limited to advertisers, content and ecommerce providers (“Third Party Services”). We have no control over the Third Party Services and are not responsible for nor will we have any liability for your use of any Third Party Services, including any loss or damage you may incur in connection with your use of the Third Party Services. Tonka Beans does not endorse the Third Party Services or any products, services or content offered thereon. Your use of the Third Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services.

7. DISCLAIMERS
USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TONKA BEANS, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS (COLLECTIVELY, THE “TONKA PARTIES"), PROVIDES THE SITE WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TONKA PARTIES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TONKA BEANS DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE SITE, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. TONKA BEANS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR SERVICE ON THE SITE NOR THAT THE SITE, ANY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU HEREBY ACKNOWLEDGE THAT TONKA BEANS PROVIDES NO ASSURANCES OF UPTIME FOR THE SITE AND YOU UNDERSTAND THAT THE SITE MAY PERIODICALLY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TONKA PARTIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE SITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. (II) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF OR IN ABILITY TO USE ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE.

TONKA BEANS PROVIDES THE SITE AND THE CONTENT WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN THE SITE AND/OR CONTENT SHALL NOT BE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION.

NOTWITHSTANDING THE ABOVE, THE TONKA PARTIES’ SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $25.00.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. NO FINANCIAL ADVICE
You agree that you must evaluate, and bear all risks associated with, the use of the Site and all Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, whether created and/or Posted by Tonka Beans or by any user or other third party. The Site is provided for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. Neither Tonka Beans nor its licensors shall be responsible or liable for the accuracy, usefulness or availability of any Content transmitted or made available on or through the Site. This includes without limitation, that neither Tonka Beans nor its licensors shall be responsible or liable for any trading or investment decisions based on such Content.

YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT NEITHER WE NOR THE SITE (A) PROVIDE TAX, LEGAL OR INVESTMENT ADVICE, AND (B) OFFER OR PROVIDE ANY INVESTMENT ADVICE OR OPINION REGARDING THE NATURE, POTENTIAL, VALUE, SUITABILITY OR PROFITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. YOU HEREBY AGREE THAT ANY INVESTMENT DECISIONS YOU MAKE WILL BE BASED SOLELY ON YOUR EVALUATION OF YOUR FINANCIAL CIRCUMSTANCES, INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CONDITION, AND LIQUIDITY NEEDS. NEITHER TONKA BEANS NOR ANY OF ITS LICENSORS SHALL BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY CONTENT TRANSMITTED VIA THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH CONTENT.

Due to the financial nature of the Site, its is especially important for you to read Sections 7, 8 and this Section 9 regarding our limitations of liability. We encourage you to read those Sections one more time even if you have already read them once!

10. INDEMNITY
You agree to indemnify and hold harmless the Tonka Parties from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, including without limitation, alleged violation of this TOS by you or any user of your account (whether or not authorized), or alleged violation of any rights of another person.

11. PRIVACY
We respect your privacy and have developed a detailed Privacy Policy that is incorporated into this TOS. Please take the time to read our Privacy Policy which is available at http://www.tonkabeans.com/privacy-policy. As a user of the Site, you are accepting the terms of our Privacy Policy, as it may change from time to time.

12. SITE NOT DIRECTED TO CHILDREN
The Site is not directed to children under the age of 13 and children under the age of 13 should not use or register for the Site. The Site is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Site. Tonka Beans will not knowingly collect personally identifiable information on or through the Site from anyone under 13. Please be aware that certain areas on the Site may contain mature content and you may be exposed to Content on the Site that you find upsetting, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children's use of the Site (which should be permitted by parents only for those 13 and older) and maintain open communication regarding appropriate materials for use and viewing by their children.

13. TERMINATION
This TOS is effective until terminated by either you or by us. If you no longer agree to be bound by this TOS, you must immediately stop use of the Site. You acknowledge that any violation of this TOS or other applicable policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site.

In addition, subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. You also agree that we will not be liable to you or any third-party for any termination of your access to the Site.

14. CHANGES; DISCONTINUATION
We may, at our sole discretion and without notice, revise this TOS at any time by updating this posting and changing the “Effective” date. You are responsible for reading this TOS carefully and for periodically checking this TOS and the Privacy Policy for changes. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes. The most recent version of this TOS may be viewed at http://www.tonkabeans.com/terms-of-service. We reserve the right to change, suspend or discontinue the Site or any service offered through the Site at any time and without notice, and you agree that we will not be liable to you or any third party in connection with the exercise of those rights.

15. COPYRIGHT AND TRADEMARKS
The Site uses certain trademarks, service marks and logos owned by or licensed to Tonka Beans, including without limitation, “Tonka Beans” trademark and logo, as well as certain page headers, custom graphics and icons. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

16. COPYRIGHT AGENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a manner not authorized by you and that constitutes copyright infringement or a violation of your other intellectual property rights, please provide Tonka Beans’ Designated Copyright Agent with a written notice that includes the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • Identification of the URL or other specific location on the Site where the material that you claim is infringing your copyright interest is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail:
Designated Agent
Tonka Beans
455 Central Park West
Suite 17A
NY, NY 10025

By email:
admin@tonkabeans.com

17. GENERAL LEGAL PROVISIONS
This TOS, together with the Privacy Policy, any Guidelines and any additional terms and conditions referred to in the next sentence constitute the entire agreement between you and us regarding your use of the Site. You also may be subject to additional terms and conditions that may apply when you use promotions such as contests or sweepstakes, affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any part of this TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the affected provision shall be deemed omitted and the remaining provisions will continue in full force and effect. The TOS and your registration for the Site are personal to you and may not be transferred or assigned. The section titles in this TOS are for convenience only and have no legal or contractual effect.

18. APPLICABLE LAW; JURISDICTION AND VENUE
We control the Site from our offices within the United States. The Site is directed solely to individuals residing in the United States. We make no representation that the Content on the Site is appropriate, legal or available for use in other locations. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Manhattan, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this TOS must be filed within one year after such claim or cause of action arose or be forever barred.

19. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

20. INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, you may send us an e-mail to questions@tonkabeans.com or you may contact us by writing to Tonka Beans, Customer Care Department, 455 Central Park West, Suite 17A, NY, NY 10025, or by calling us at 212.877.0933. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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