TERMS OF SERVICE

Last revised March 11, 2016

 1.     Acceptance of Terms

1.1           Curate Entertainment, Inc., d/b/a Tondo (“Tondo”, “we” or “us”) owns and operates a mobile application ("App").  These Terms of Service ("Terms") govern your ("you" or "user") access to and use of our App and the online services provided through our App (the “Service”).  Please review the Terms carefully before you start to use our Service.  The Terms are a legally binding contract between you and Tondo.  By using our Service, including browsing our App you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.tondoart.net and incorporated herein by reference. IF YOU DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICE OR THE APP.

 

1.2           Tondo will be delivering to you or making available to you important information from time to time.  By using our Service, you hereby agree to retrieve, in a timely manner, all electronic communications made available to you by us.

1.3           Tondo may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of our Service thereafter.  Your continued use of our Service following the posting of revised Terms means that you accept and agree to the changes. You agree to check this page frequently so that you are aware of any changes, as they are binding on you.

2.     Permitted and Prohibited Uses

2.1           Permitted Uses.  Subject to the terms of these Terms, Tondo grants you a limited, personal, non-commercial, non-exclusive and nontransferable license to use the Service, upon full payment for the Service, as applicable.  All rights not expressly granted by Tondo are reserved.

2.2           Prohibited Uses.  You shall not:

2.2.1      use our Service for unlawful purposes; or

2.2.2      violate 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

2.2.3      disclose, publish, distribute, publicly perform, publicly display, offer to sell, sell, resell, lease, sublease, transfer, license, sublicense, assign, or distribute any portions of our Service or any materials derived from our Service, in whole or in part; or

2.2.4      share your username and password with anyone else; or

2.2.5      allow anyone else to access your Member Account or any materials you have that are derived from our Service; or

2.2.6      exploit our Service for commercial purposes; or

2.2.7      copy, modify, transmit, or create derivative works, in whole or in part, of our Service or any materials derived from our Service for commercial purposes, without prior written consent from Tondo; or

2.2.8      impersonate or attempt to impersonate Tondo, a Tondo employee using e-mail addresses associated with any of the foregoing; or

2.2.9      engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Service, or which, as determined by us, may harm us or our users or expose us to liability; or

2.2.10   use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party's use of our Service, including their ability to engage in real time activities through our Service; or

2.2.11   use any robot, spider or other automatic device, process or means to access our Service for any purpose, including monitoring, copying, scraping any of the materials from our Service; or

2.2.12   use any manual process to monitor or copy any of the material from our Service for any other unauthorized purpose without prior written consent from Tondo; or

2.2.13   use any device, software, routine that interferes with our Service; or

2.2.14   introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or can interfere with our Service; or

2.2.15   attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Service, the server on which our Service uses, or any server, computer or database connected to our Service; or

2.2.16   attack our Service via a denial-of-service attack or a distributed denial-of-service attack; or

2.2.17   attempt to circumvent any security features in our Service; or

2.2.18   otherwise attempt to interfere with the proper working of our Service; or

2.2.19   attempt to or giving another the means to access, inspect, modify, distribute, copy, or reverse engineer computer codes (including software, HTML codes, source codes, executable codes) of our Service; or

2.2.20   infringe, misappropriate, or engage in any unauthorized uses of any intellectual property, including but not limited to any patents, copyright, trademarks, trade secrets, trade dress, and knowhow, belonging to Tondo, its partners, affiliates, service providers, or users.

2.3           We have the right to suspend your account, terminate these Terms, refuse you access to our Service, delete your Member Account and/or account information including your username, password any information or settings you may have saved, all without notice, if we, in our sole discretion, determine that you have violated these Terms or engaged in any misconduct related to these Terms.

2.4 We have the right to pursue any potential violations of these Terms in a court of competent jurisdiction, including seeking all legal and equitable remedies we may be entitled to and collecting from you any costs and attorney fees in connection with the exercise of our right. We have the right to cooperate with law enforcement in connection with any prosecution arising out of the use of our Service.

3.     Our Service

3.1           Through our Service, we provide to our users text, graphics, sound, multimedia, software, and materials we own, licensed, or compiled, and include but are not limited to information, descriptions, references, features, specification, prices, dates, performance, value or statistics indicator, analysis and features("Content").   Tondo reserve the right to, but is not obligated to, change any of the information provided through our Service at any time and without any prior warning or notice.

3.2           OUR SERVICE IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL CONTENT TO OUR USERS.  TONDO IS NOT A SUBSTITUTE FOR AN APPRAISER.  OUR SERVICE DOES NOT PROVIDE ANY VALUATION FOR GOODS OR SERVICES; ENDORSE OR RECOMMEND ANY GOODS AND SERVICES; OR OFFER ADVICE IN CONNECTION WITH THE PURCHASE, SALE, TRADE, OR INVESTMENT IN ANY GOODS OR SERVICES.

3.3           TONDO DOES NOT WARRANT OR GUARANTEE ANY CONTENT PROVIDED THROUGH OUR SERVICE, INCLUDING ANY THIRD PARTY CONTENT LINKED THROUGH OUR SERVICES, IS ACCURATE, CURRENT, OR ALWAYS AVAILABLE AND HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ANY ACTION TAKEN OR NOT TAKEN BASED ON ANY CONTENT IN CONNECTION WITH OUR SERVICE.  BY USING OUR SERVICE, INCLUDING BUT NOT LIMITED TO MAKING A PURCHASE THROUGH OUR SERVICE, ATTENDING AN EVENT LISTED THROUGH OUR SERVICE, OR OTHERWISE TAKING AN ACTION OR INACTION IN CONNECTION WITH OUR SERVICE, YOU HEREBY AGREE THAT YOU WILL EXERCISE REASONABLE JUDGMENT TO ASSESS OUR CONTENT; YOU WILL NOT RELY ON OUR CONTENT, INCLUDING BUT NOT LIMITED TO ANY DESCRIPTION, PERFORMANCE, VALUE OR STATISTICS INDICATOR, DATE OR LOCATION INFORMATION, OPINION, ADVICE, STATEMENT, MEMBER CONTENT, AND ANY OTHER CONTENT PROVIDED THROUGH OUR SERVICE AND ANY RELIANCE ON OUR CONTENT YOU MAKE IS SOLELY AT YOUR OWN RISK; YOU WILL SEEK THE SERVICES OF COMPETENT PROFESSIONALS PRIOR TO MAKING A PURCHASE THROUGH OUR SERVICE; YOU WILL NOT HOLD US LIABLE FOR ANY INACCURACIES, OVERSIGHT, OR MISREPRESENTATIONS ON OUR SERVICE; AND YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIONS OR INACTIONS YOU TAKE IN CONNECTION WITH OUR SERVICE.  TONDO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOOD OR SERVICE, INCLUDING ANY THIRD PARTY CONTENT, GOOD OR SERVICE, MADE AVAILABLE ON OR THROUGH OUR SERVICE.

4.     Using Our Service

4.1    Member Account

4.1.1      In order to access certain features of the our Service, you must register to create an account (a “Member Account”) and become a registered member (a "Member").

4.1.2      By registering for a Member Account, you represent, warrant and covenant that all required registration information that you submit (including but not limited to your name, electronic mail address, password, website, address, and other identifying information) is accurate, truthful, complete, and current and that you shall maintain the accuracy of such information.

4.1.3      You may not have more than one (1) active Member Account. Tondo reserves the right to suspend or terminate your Member Account and your access to our App or Service if you create more than one (1) Member Account or if any information provided during the registration process or thereafter proves to be inaccurate, untruthful, incomplete, or out of date. You shall be responsible for safeguarding your password, shall not disclose your password to anyone, and you agree to take sole responsibility for any activity or action under your Member Account, whether or not such activity or action has been authorized by you. You shall immediately contact Tondo in accordance with Section 16 of these Terms, of any unauthorized use of your Member Account.

4.2     Subscription and Cancellation Policy.

4.2.1      We offer a monthly subscription ("Monthly Subscription") of $19.99 ("Monthly Subscription Fee") [and a yearly subscription of $199.99 ("Yearly Subscription" and together with the Monthly Subscription, the "Subscriptions")].

4.2.2      Monthly Subscription.  BY REGISTERING FOR A MONTHLY SUBSCRIPTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH THE TRANSACTION.  YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) TONDO (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR MONTHLY SUBSCRIPTION FOR AS LONG AS YOUR MONTHLY SUBSCRIPTION CONTINUES, (B) YOUR MONTHLY SUBSCRIPTION CONTINUES UNTIL YOU CANCEL IT IN ACCORDANCE WITH THESE TERMS OR WE SUSPEND OR TERMINATE YOUR ACCESS TO OUR APP AND SERVICE; (C) YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE CHARGED UPON REGISTERING FOR A MONTHLY SUBSCRIPTION, AND YOUR MONTHLY SUBSCRIPTION WILL BECOME ACTIVE ON THE DATE YOU ARE CHARGED.  WE WILL AUTOMATICALLY BILL THE MONTHLY SUBSCRIPTION FEE TO YOUR PAYMENT METHOD EACH MONTH UNTIL YOUR MONTHLY SUBSCRIPTION IS CANCELLED OR TERMINATED.

Automatic Payments, Renewal and Cancellation. Monthly Subscriptions automatically renew with your iTunes account.  Payments may be stopped by cancelling within your iTunes account.  Once cancelled, you will have until the completion of the Monthly Subscription billing cycle to continue to use the Service.  Please review the Apple terms and conditions at http://www.apple.com/legal/internet-services/itunes/us/terms.html.

Refunds.  Generally, our fees (including the Monthly Subscription Fee and any related fees) are nonrefundable unless your Monthly Subscription is cancelled prior to the end of a period for which you have incurred a charge due to death or disability.  Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances. 

5.     Third Party Links and Third Party Sites

5.1           YOU ACKNOWLEDGE THAT TONDO DOES NOT INVESTIGATE, MONITOR, REPRESENT OR ENDORSE THE THIRD-PARTY CONTENT AND SERVICES (INCLUDING ANY THIRD-PARTY WEBSITES, OR OTHER SERVICES, AVAILABLE THROUGH THE APP OR SERVICES).   YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND TONDO AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS, SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES.  TONDO HEREBY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE AVAILABILITY, QUALITY, RELIABILITY, FEATURES, APPROPRIATENESS, ACCURACY, COMPLETENESS, OR LEGALITY OF THE THIRD-PARTY CONTENT AND SERVICES.

5.2           UNDER NO CIRCUMSTANCES WILL TONDO BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY A USER'S RELIANCE ON ANY INFORMATION DISPLAYED BY THE APP, THROUGH THE SERVICE, OR A SITE LINKED THROUGH THE SERVICE.

6.     Modifications, Suspension and Termination of Service

Tondo reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the App, Service, Member Account, Content or Member Content or any portion thereof, with or without notice. You agree that Tondo will not be liable to you or to any third party for any modification, suspension or discontinuance of the App, Service, Member Account, Tondo Content, or Member Contentor any portion thereof.

7.     Intellectual Property

7.1           Our Service and our Content is protected by copyright, patent, trademark, trade secret and other property and intellectual property laws.  In addition to Section 2.2 of the Terms, you shall not copy (including but not limited screen capture and photograph), modify, frame, scrape, rent, lease, loan, sell, distribute, reverse engineer, reverse assemble or create derivative works based on the Service or the Content, in whole or in part.  Any use of the Service or the Content other than specifically authorized herein is strictly prohibited.  The technology and software in our Service or distributed in connection therewith is the property of Tondo, our affiliates and our partners.  Any rights not expressly granted herein are reserved by Tondo.

7.2           Tondo, its affiliates or licensors owns the names, trademark, logos, product and service names, designs and slogans displayed on our Service, including but not limited to the Tondo name and logos, "TONDOART" and "Curate" are trademarks and service marks of Tondo (collectively the "Tondo Trademarks").  Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tondo.  Nothing in these Terms of the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Tondo Trademarks displayed on the Service, without Tondo's prior written permission in each instance.

7.3           You acknowledge and agree that any actual or threatened infringement of intellectual property rights in connection with these Terms would cause irreparable harm, for which an award of damages would not be adequate compensation and, in the event of such an infringement, we are entitled to seek equitable relief, including in the form of a restraining order, orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court. These remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under these Terms at law or in equity.

8.     User Contributions

8.1           Tondo may, from time to time, at its sole discretion permit a Member to post, upload, publish, submit, transmit, or otherwise make available on the Service certain information or material(“Member Content”).  Tondo may revoke a Member's right under this Section for any or no reason, in its sole digression, with or without notice.

8.2           No user may make available through our Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal information or material, or any information or material that infringes or violates the rights, including, but not limited to, the intellectual property rights, and rights of privacy and publicity, of anther.  No user may engage in any action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

8.3           By making available Member Content on our Service, you grant Tondo, its affiliates and designees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable (through multiple tiers), freely transferable license and right to copy, use, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Member Content for any purpose.  In addition, you waive any “moral rights” or the like in your Member Content. If you make suggestions to improve our Services, we shall have the right to use your suggestions without any compensation to you.  You are and remain responsible and liable for the content of any Member Content.

8.4           Tondo shall have the right but not the obligation to monitor, evaluate or alter any Member Content before or after they appear on our Services.

8.5           Tondo shall have the right to disclose any Member Content and the circumstances surrounding their transmission to anyone for any reason or purpose.

9.      Notice and Take Down

9.1           If you believe in good faith that materials available through our Services infringes your copyright, you may send us a written notice by mail, email or fax, requesting that we remove the material or block access to it.

9.2           If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice.

9.3           Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 and should be sent by mail to Curate Entertainment, Inc (Tondo) by email to info@tondoart.net.  For details on your rights and statutory notice and counter-notice requirements please consult your legal representative.

10.  Disclaimer

YOU ACKNOWLEDGE THAT ANY SERVICE MADE AVAILABLE TO YOU BY TONDO OR ANY LINKED CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE IS "AS IS," "WHERE IS," AND “WITH FAULTS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  NEITHER TONDO NOR ANY PERSON ASSOCIATED WITH TONDO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE TONDO NOR ANYONE ASSOCIATED WITH TONDO REPRESENTS OR WARRANTS THAT OUR SERVICE, ITS CONTENT OR ANY SERVICE OR ITEMS OBTAINED THROUGH OUR SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF OUR SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, AND SECURITY OF ANY MATERIALS AVAILABLE THROUGH OUR SERVICES.  TONDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO OUR SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

TONDO HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT TONDO HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING YOUR USE OF OUR SERVICE.

11.  Limitation of Liability

THE VALUE OF GOODS OR SERVICES, INCLUDING GOODS AND SERVICES RELATED TO ART, WILL FLUCTUATE WITH TIME AND CAN LOSE VALUE.  A USER SHOULD EXERCISE SOUND JUDGMENT PRIOR TO MAKING A PURCHASE OR INVESTMENT THROUGH OUR SERVICE.  IN NO EVENT SHALL TONDO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR DAMAGE OF DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, DAMAGES FOR BUSINESS INTERRUPTION, DAMAGE TO OR INTERRUPTION OF LOCAL AREA NETWORK) UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM TONDO, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TONDO'S RECORDS, PROGRAMS, OR SYSTEMS) AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE MAXIMUM AGGREGATE LIABILITY OF TONDO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS IN CONNECTION WITH OUR SERVICES, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAYMENT TONDO RECEIVES FROM YOU FOR OUR SERVICE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

12.  Indemnification

You agree to defend, indemnify and hold harmless Tondo, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Service.

13.  International Use and Export Controls

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.  No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the software is at your own risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. 

14.  Governing Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

15.  Miscellaneous

15.1        Severability

15.1.1   If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will affect the validity and enforceability of the rest of the Terms.

15.1.2   Failure of Tondo to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Tondo under these Terms or at law.

15.2        These Terms represent the entire agreement between you and Tondo and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and Tondo.

15.3        Paragraph headings are for convenience only and not for interpretation of these Terms.

15.4        These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Tondo’s prior written consent. Tondo may assign, transfer or delegate any of its rights and obligations hereunder without consent.

15.5        No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

16.  CONTACT

E-mail: info@tondoart.net

Mail: 79 Madison Avenue, New York, 10016, USA