TERMS OF SERVICE

Welcome to TOKED and thank you for visiting. This website TOKED, toked.com (the “Site") is owned and operated by SPARK GLOBAL LLC (“Company" or “we"). The Site contains original content, text, images, designs, illustrations, audiovisual materials, software, information, data, advertising, branded material, branded clothing, brands and logos that incorporate intellectual property in which we own exclusive rights, or have the right to use (collectively, the “Content"). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use"), which form a binding and enforceable agreement between you and us (the “Agreement"). These Terms of Use are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use.

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 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 website following the posting of any changes constitutes acceptance of those changes.

By using this site, you represent that you are at least the age of majority in your state or province of residence. If you are a minor, you must not use this Site or our Services

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our clothing, merchandise and/or products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

BILLING POLICY

On the TOKED online store, payment occurs via debit or credit card, using any of the supported methods (Visa, Mastercard, American Express, or Discover). Payment is due at time of order submission.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

TAXES

For customers within California, we must charge CA Sales Tax and applicable sales tax for other states. This is applied automatically at checkout based on your shipping address.

SHIPPING

Depending on your order, the shipping speed and carrier you select, shipping fees may be charged at checkout time. Orders  may have the option of FREE shipping if they meet specific criteria.

RETURNS

Please see our Return Policy for more information.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service 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 websites. 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.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

To participate in activities on our Site, we may request that you submit certain personally identifiable information about yourself, including, for example, your name and personal contact information (“personal information”). We may also gather certain types of non-personally identifiable information about your visit to protect the security of our members or our Site or to make our Content more enjoyable for all our visitors. All information gathered from visitors by the Site will be governed by our Privacy Policy, which is incorporated in this Terms of Use Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.

REGISTRATION FOR EMAIL LIST

Registration with the Site’s email list may be required in order to access certain services, including, without limitation, promotions, special offers, product discounts, etc. Your registration information will be handled by us in accordance with our Privacy Policy which you should review prior to registering with us. We encourage you to keep us informed about any changes in your personal contact and email information.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

INTELLECTUAL PROPERTY TRADEMARKS 

TOKED, and other select depicted brands are trademarks to which SPARK GLOBAL LLC owns and/or has exclusive rights to, whether or not federal registration has been pursued. The SPARK GLOBAL LLC Trademarks, any related trade dress and/or any and all content may not be used without written permission from a duly authorized officer of SPARK GLOBAL LLC, and may not be used in connection with any product or service that is not a SPARK GLOBAL LLC endorsed or produced product or service. SPARK GLOBAL LLC owns and has exclusive rights to all content including but not limited to text, images, designs, illustrations, pictures, artwork, audiovisual materials, software, information, data, advertising, branded material, branded clothing, brands and logos.  

COPYRIGHTS

Certain content on this Site, including but not limited to literary, dramatic, musical, visual, designs, illustrations, creative works, and other artistic works ("Content"), is solely owned by SPARK GLOBAL LLC and is protected by U.S. Copyright Law and you agree that you will not reprint, republish, or distribute any portion of the Content without expressed written permission to do so.

USE OF THE SITE

The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources ("Site Content"). These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, Site Content or design elements obtained from the Site, including code and software (“Material”).

You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users. More specifically, under these Terms of Use, you agree to refrain from, among other things, use of the Site or the Content in a manner that:

1. Is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. infringes or misappropriates our, or a third party's, intellectual property, confidentiality, or other rights;
3. violates export or re-export control laws and regulations;
4. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
5. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
6. distributes advertising or promotional content;
7. compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
8. provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States Federal Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
9. decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
10. accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
11. interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
12. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission.

You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.

Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written electronic request to info@toked.com. Decisions to grant or deny permission are within our sole discretion.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

USER CONTENT & POSTINGS ON THE SITE OWNERSHIP OF SITE CONTENT. We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including such content and materials) for not-for-profit, non-commercial use, but you may not use it for commercial purposes. We reserve the right to revoke your right to use the Site content and materials upon notice. If you receive such a notice from us, you agree to discontinue such use of the Site. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Site unless explicitly authorized in these Terms of Use, or by the owner of the materials.

IDEA SUBMISSIONS. In general, we ask that you not send us your ideas for our business. Here’s why. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, creative works, source code, or other intellectual property, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

COMMUNICATIONS

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, once you sign up for email notices with the Site, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

By registering with the Site, you agree to receive periodic electronic correspondence from us regarding your account, the Site, our partners and/or any of our Services. You may opt in to receive additional communications from us or our partners. For the avoidance of any doubt, however, any and all such communications will come directly from us as we will not provide any email addresses to any third party in connection with use of this Site.

As further detailed in our Privacy Policy, you may unsubscribe from our email list at any time. Directions to unsubscribe are enclosed in each email, with alternate unsubscribe options specified in our Privacy Policy. Please note, there are some circumstances (e.g., organizational audits) when we may need to contact you even if you unsubscribe. Users also agree to be contacted in this case even if you have unsubscribed.

THIRD PARTY LINKS

Our Site may contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated, or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto. In general, we do not object to links to the Site from third-party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the TOKED or SPARK GLOBAL LLC Trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying TOKED and/or SPARK GLOBAL LLC, The SPARK GLOBAL LLC Trademarks, or the Site in any “meta tag.”

ADVICE, OPINIONS AND THIRD PARTY CONTENT DISCLAIMER

Our Site may also contain facts, views, opinions and statements of third parties, visitors and other organizations. The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site. The Site and its Content are provided solely for informational purposes and do not constitute endorsements or guarantees by the Site of any featured venue or the products or services available from such venues. The Site accepts no liability in connection with the inclusion or omission of any venue from the Site and will not be responsible for changes in factual information that may appear on the Site.

Mobile Terms of Service

TOKED

Last updated: June 12, 2023

The TOKED mobile message service (the "Service") is operated by TOKED (“TOKED”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to TOKED’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of TOKED through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with TOKED. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18665306055 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other TOKED mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18665306055 or email info@toked.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SPARK GLOBAL LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that we may access, preserve, and disclose the information you have submitted to us, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect our rights, property, or personal safety, or those of any of our partners, agents and affiliates, our users, and the public; or (5) to address your requests.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICE OR SUPPORT. IN NO EVENT WILL THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITE, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

VIOLATIONS AND INDEMNIFICATION

Your access to, and use of, the Site are subject to these Terms of Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, TOKED, toked.com, Spark Global LLC and our parent, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, and other fees arising from or related to claims made by any third-party due to or arising out of (a) any content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms of Use.

NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

CHOICE OF LAW AND FORUM

The Site originates from and is located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Site will be subject to the exclusive jurisdiction of the courts located within the state of California, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

DISPUTE RESOLUTION

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without giving effect to the choice-of-law rules of that State. Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by California law consistent with the California Arbitration Act. You agree to attempt in good faith to settle any controversy that may arise between us. In the event we are unable to settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in San Francisco, California in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law.

YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

You consent to personal and subject matter jurisdiction in the State of California and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.

SECURITY MEASURES

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between us relating to your use of the Site and the subject matter addressed herein. This Site is located and operated in the United States. We make no claims that the Content, materials displayed, distributed, made available or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the Site and/or any Content or such Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 site.

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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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 United States and the state of California.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@toked.com