Terms of Use

Terms of Service for Hong Kong, Macao
General Terms and Conditions
A General Conditions

1. Scope of the General Terms and Conditions
   1.1 These General Terms and Conditions (“GTC”) apply to all services, provided through our website and our App (hereinafter “mytonies App”) The website and App are collectively referred to as “our Platforms” hereinafter.

1.2 If you wish to purchase tonies’ products, such as the Toniebox, these GTC will not apply. For the purchase of our Toniebox and Tonies, you may be referred to the respective websites of our Partner(s).

2. Contacting Parties
   2.1 These GTC apply to all contracts between tonies GmbH, Oststraße 119, 40210 Düsseldorf, Germany, presented by the Managing Directors, Patric Faßbender and Marcus Stahl (“tonies” or “we”), and you as a customer.

2.2 Customer in the sense of these GTC is whoever is a consumer in the meaning of Section 13 BGB (German Civil Code, in German: Bürgerliches Gesetzbuch). Furthermore, these GTC apply to educational institutions (e.g. day-care, schools, special schools).

3. Ordering Process and Conclusion of Contract
   3.1 All of our offers are for adults only, therefore we do not offer services for sale to minors. If you are under 18 years old, you may use our Platforms and services offered here, but only with the assistance of a parent or legal guardian.

3.2 Any offers on our website and in our App arenot binding, they do not constitute an offer for sale, but rather an invitation to you to make an offer.

3.3 Through ourAudio Library you can select and order audio content for your existing Tonies. You can obtain content from the Audio Library which is free of charge (“free content”) by clicking on the “assign” button and selecting a Tonie available for the respective content. You will receive purchase content by clicking on the “buy now” button, the successful completion of the ordering process and our acceptance of your order by providing the respective purchase content.

3.4 You can retrieve and print out the GTC at any time by clicking on “Terms of Service” at the bottom of the website and in the App or by clicking on them directly during your order.

3.5 Your order represents an offer to tonies GmbH and concludes the purchase contract process on your part.

3.6 As soon as you have placed your order, which has purchase content from Audio Library as its subject, we will send you an automatic message confirming that we have received your order and listings its details (“order confirmation”). The order confirmation is only intended to inform you that we have received your order, it does not constitute an acceptance of your offer by us. We are entitled to accept your offer within 5 days from the order confirmation, after which the offer is deemed rejected even without express declaration.

3.7 (Sales) contracts for Audio Library content are concluded when the execution of the contract begins. After you have placed your order – and in the case of fee required content, you have paid the order – we assign the ordered content to your Tonie-Account on mytonies. With the provision of the ordered content on mytonies, we accept your offer.

4. Revocation policy and exclusion of the right of revocation
   4.1 Right to revoke the purchase:You have the right to revoke/withdrawl from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods or, in case of partial delivery, the last delivery. To exercise your right of revocation, you must notify us (tonies GmbH, Oststraße119, 40210 Düsseldorf, Germany, Tel: +49 211 72710100, email: [email protected] by means of a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract. You can use the enclosed withdrawal form, which is not mandatory. To meet the revocation period, you will be required to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

4.2 Effects of revocation:If you revoke the contract, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the best standard delivery we offer) will be refunded immediately and at the latest within 14 days from the date the notification of your cancellation has reached us. For this refund, we use the same means of payment that you used in the original transaction unless otherwise agreed with you; In no circumstances will you be charged for this repayment fees. We may refuse to refund you until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract. If your revocation refers to a bundle, the entire bundle must be returned to us. This deadline is met if you send the goods before the 14-day expiry period. You will incur the immediate costs of returning the goods. You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.

4.3 Example revocation form: The revocation of your contract can be made by phone or in writing. You can use the template cancellation form in the text below, however, this is not compulsory. Alternatively, you can make your own cancellation form with the appropriate content of the cancellation template below:

To: tonies GmbH, Oststraße 119, D-40210 Düsseldorf, Germany (Fax: +49 211 54254099, E-Mail: [email protected])

Hereby I / we () revoke the from me / us () concluded contract for the purchase of the following goods / the following service (*):

---

Ordered on / received on (*): ..__

Name of the consumer(s): ____________________

Address of the person Consumer(s): __________________

Consumer’s signature(s) (only if communicated on paper):

Date: ..__

(*) Delete as appropriate

4.4 Exclusion of the right of revocation: Please note that your right of revocation expires for a contract for the delivery of digital content which is not on a physical carrier as soon as we have started executing your order, provided that you have expressly agreed that we may start executing the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your agreement with the start of the execution of the order. This applies to the order of Audiothek content.

5. Prices and Payment

5.1 All prices include all taxes. The prices listed on the website next to the product at the time of order reflect this.

5.2 We try to make sure that all prices on our website are correct. If we discover a mistake in the price of any products you have ordered, and the correct price is lower than stated, we will honour this by execution your order and charging the lower price. If the correct price is higher than indicated, we will inform you as soon as possible so that you can either confirm or reject the order at the correct price (if we cannot reach you, we will treat your order as rejected); in case of rejection of your order, we will refund any pre-paid payments in full.

5.3 We accept the following methods of payment for your order including credit/debit cards from Visa and Mastercard, payment via PayPal in accordance with the following provisions:

5.4 We accept payments by credit/debit card from Mastercard and Visa which are processed by our payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50 Amsterdam, 1011 DJ Netherlands (“Adyen”). More information can be found on www.adyen.com. When you place your order, you simultaneously transmit your credit card data to our payment service provider Adyen. After your legitimation as a legitimate cardholder, your credit card company will be requested to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged accordingly.

5.5 To pay by PayPal, log select PayPal at the end of the order process and log into your PayPal account on the PayPal website, to which you will be automatically redirected, and initiate the payment – for more information, see www.paypal.com. The payment takes place with PayPal already with your confirmation of the payment instruction to PayPal. Adyen N.V., Simon Carmiggeltstraat 6-50 Amsterdam, 1011 DJ Netherlands (“Adyen”), www.adyen.com provides us with the technical interface that allows you to process payments with PayPal. For authentication purposes, we transmit your name and email address to Adyen.

6. Warranty
   The statutory warranty rights and rules of limitation applies.
7. Changes to our services, changes to these GTC
   7.1 We reserve the right to change, pause or end our services on our Platforms without informing you in advance.

7.2 We reserve the right to change or adapt these GTC at any time. This will have no effect on your entitlement to use the digital content you have already acquired. In each case, the current version of the GTC at the time of use or order applies, which are accepted by you at the conclusion of the ordering process.

7.3 If you have a Tonie-Account and use mytonies, we are authorised to change the GTC set out in these GTC for the following reasons, provided they do not result in an unreasonable disadvantage to you: for legal or regulatory reasons, for security or safety reasons, in order to develop or optimise existing features of our service or to add additional features, to reflect technological progress, to make technical changes and in order to safeguard the future functioning of our service.

7.4 We will announce changes to these Terms of Service to you accordingly and, depending on the change, will seek your explicit consent to it. If we make minor changes to the GTC without materially changing your rights, we will post the modified GTC on our website, available by clicking on “Terms of Service” at the bottom of the website. If we make modifications that materially change your rights, we will notify you by email, of the change, or by submitting new GTC to be accepted.

7.5 If you continue using mytonies after we have announced the relevant changes, we will assume that you consent to these changes (if explicit consent to the changes is not required) unless you object to these changes within thirty days of announcement. You may object to the changes in writing during the specified period and cease usage of mytonies for this reason by notifying us. In this case, your Tonie-Account will also be deleted. Further information about cancelling Tonie-Accounts and the effects of doing so can be found under section B Mytonies Account.

7.6 If any changes are found to be invalid, or unenforceable for any reason, the validity and enforceability of the remaining changes or provisions are not affected.

8. Our Liability

8.1 We will not be held liable for technical failures caused by circumstances for which we are not responsible or caused by agents; we will also not be held liable for damage resulting from force majeure.

8.2 We disclaim our liability for the content that you upload for your Creative-Tonies and, in particular, we will not be held liable for this content’s compliance with applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency, and neither for you possessing all necessary rights to use the uploaded files.

8.3 We will be held neither responsible nor liable for deleting files that you have uploaded to mytonies for your Creative-Tonies or for storing them in mytonies. You, as a user, are required to store the content you upload elsewhere as well if you would like to use it securely on a permanent basis.

8.4 We will not be held liable if the Creative-Tonies you use physically end up in the hands of unauthorised persons, thereby giving unauthorised persons access to your files.

8.5 We will not be held liable for deleting your files and/or your Tonie-Account if these GTC, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds. Further information about the consequences of deleting a Tonie-Account can be found under section B Mytonies Account.

8.6 In general, we assume unlimited liability for damage caused intentionally or through gross negligence by us, our legal representatives, or our agents.

8.7 We are liable for the negligent violation of duties essential to the performance of the relevant contracts, however only where they are foreseeable and typical for the type of contract; duties essential to the performance of the relevant contracts are those whose violation jeopardises the fulfilment of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and where the fulfilment can regularly be expected. We do not assume any further liability for negligence.

8.8 The above limitations of liability also apply with regard to the personal liability of our employees, legal representatives and agents.

8.9 The above limitations of liability do not apply in the event of loss of life, physical injury and damage to health, the acceptance of any guarantee for the suitability of a product and the fraudulent concealment of product defects.

8.10 Our liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

9. Applicable law and place of jurisdiction
   9.1 German law shall apply to the exclusion of UN Sales Convention (CISG) and conflict-of-law rules, provided by the Implementation Act for the German Civil Code (EGBGB). For consumers, German law only applies to the extent that it does not restrict any legal provisions of the country where you are resident or have your primary place of residence.

9.2 For educational institutions, part of our childcare/nursery project, the place of jurisdiction is Düsseldorf, Germany.

10. Contract language
    These GTC have been produced in the English language.
11. Dispute resolution
    In addition, we advise that the European Commission maintains the European Online Dispute Resolution platform (a platform for online dispute resolution in consumer complaints against online merchants). This platform can be reached at the following Internet address:http://ec.europa.eu/consumers/odr. We are not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, we are, of course, always interested in finding a mutually acceptable solution – please contact us directly to this end.
12. Severability
    In the event that any provision of these GTC is or become unlawful or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

B Mytonies Account

1. General information
   1.1 Generally speaking, you can use our Platforms without having to register. In order to set up your Toniebox and use the special functions within mytonies (for more information on these points, see section C Usage of mytonies via Website and App, as well as to simplify the ordering process, access your order history and to simplify data management, you need a Tonie-Account. To do this, we make it possible to register via a single sign-on server (‘SSO’) on our websites tonies.us and my.tonies.us. In our context, SSO means that you can log into both the online shops and mytonies with the same log-in details once you have registered and authenticated your account (successfully opened a Tonies-Account). If you have a Tonie-Account, you do not need to register separately for the online shops and mytonies.

1.2 There is no fundamental right to open a Tonie-Account.

2. Opening a Tonie-Account (mytonies Account)
   2.1 In order to register/open a Tonie-Account, you only need an email address and a password, and you must acknowledge these GTC and our Data Protection Policy, which will be displayed to you during the registration process.. You can read either document at any time and from any page ontonies.us andmy.tonies.us, where you can also print or save them; you can also view them when registering by clicking on them directly and then print or save them. After we receive your registration, you will receive a confirmation email from us. This email contains a verification link. Click on this link to verify your email address. You must complete verification to finalise your registration. Only then can you use the same log-in details to log into the online shop and mytonies, set up your Toniebox and use the other mytonies functions and advantages of your Tonie-Account.

2.2 Once you have completed the registration process, a customer number will be created for you and a support ID will be assigned, which you can access in your mytonies account at my.tonies.us or in your my tonies app under “Your profile”. Please keep this information in mind. It is the only information you can use to identify yourself to us if you forget the access data for your account.

3. Your obligations as a user
   3.1 You must ensure that the information you provide when you register is complete and correct. If this is not the case, we are entitled to close your Tonie-Account without providing any notice.

3.2 You are obliged to protect your entitlement to access your Tonie-Account and to inform us immediately of any unauthorised use or indications thereof, and to change your log-in details. If your account is misused, tonies GmbH reserves the right to close your account immediately and to take legal action.

3.3 Multiple registrations are not permitted.

4. Closing your Tonie-Account
   If you cancel/close your Tonie-Account, your Audio Library content and the files you have uploaded for your Creative-Tonies will be deleted after cancelling. If you cancel your Tonie-Account, your order history and any personal information provided voluntarily or to place orders will also be deleted. It is impossible to transfer this information to another user before cancelling your account.

C Usage of mytonies via Website and App

1. General information
   Some functions and services cannot be usedwithout registration, i.e. without opening a mytonies account. For example, registration allows you to record audio files on Creative Tonies.
2. Toniebox and mytonies functionality
   2.1 mytonies is a network-based server system that communicates and exchanges data with the Toniebox. All of our digital content is located in mytonies. To use the Toniebox, it must be connected to the Internet via Wi-Fiwhen first set up and then verified by the Toniecloud using its Toniebox ID (affixed to the bottom of the Toniebox). If you wish to send new content to your Toniebox, e.g. a new Tonie or send Audio Library content to your Toniebox through the Audio Library at my.tonies.us, your Toniebox must be connected to mytonies via an Internet connection. Once it has been set up, the Toniebox can be operated and used without being connected to mytonies via the Internet, though only with content that has previously been downloaded to the Toniebox from mytonies via the Internet and stored on the Toniebox. In this way, we ensure technically that content from the Toniecloud can only be downloaded with existing authorization. Usage entirely without an Internet connection is therefore impossible.

2.2 You must create a Tonie-Account if you wish to set up a Toniebox or use other functions of mytonies. By doing this, you can play back Tonies as well as fill your Creative-Tonies with your own content or buy new Audio Library content and assign it to your Tonies. To do this, you will have to establish an Internet connection with the Toniecloud at my.tonies.us using a smartphone, tablet or PC or use the mytonies App for Android and iOS. What’s more, you can invite other people, e.g. from your family, friends or relatives, to your mytonies household, so that they can participate in your household and modify specific Toniebox functions (e.g. its volume). It is not possible to use (or set up) a Toniebox without setting up a Tonie-Account first. If a Tonie-Account is deleted after initially setting up the Toniebox, the above functions offered by mytonies will no longer be able to be used. Instead, only Tonies where the content is already downloaded to the Toniebox, for example, may be used afterwards. Further information about cancelling Tonie-Accounts and the effects of doing so can be found under section B Mytonies Account.

2.3 You need a smartphone, tablet or desktop computer with Wi-Fi/Internet capability in order to use a Toniebox. You can view the system requirements in our information at my.tonies.us. We provide services based only on the hardware and software requirements typical for technology at the given point in time.

3. Using Creative-Tonies

3.1 Once you have opened your Tonie-Account, mytonies will have you able to upload audio files to mytonies for your Creative-Tonies (using the mytonies App or our websites). Our server will convert these files into the required audio format and make them available to play with your Creative-Tonie. The data you originally upload will be automatically deleted after seven days. The converted data will be stored in mytonies. You can upload new files for your Creative-Tonie as often as you like. As soon as the maximum run time of 90 minutes has been reached for each Creative-Tonie, you must delete your old files so that they can be replaced by new ones. We do not save old data, though for technical reasons the converted data will be stored for at least seven days following conversion even if you delete it beforehand.

3.2 We reserve the right to randomly sample the data you upload to mytonies and check if it potentially violates applicable law (including copyrights, personality rights or competition law), applicable case law and/or common decency. If we find such a violation, we reserve the right to delete your data from mytonies and cancel your Tonie-Account. You can read more about this under ‘Our Rights’.

3.3 With your Creative-Tonie, in addition to assigning and playing your own content, you have the option to get audio plays and/or songs via the Audio Library. To receive Audio Library content for Creative-Tonies, you must have a Creative-Tonie. If you have several in your household or in a household where you are a member, you can choose between all your Creative-Tonies and assign the desired content to one of your favourite Creative-Tonies. Please note that the new content from the Audio Library will temporarily replace your existing playlist if the new content is paid content (“Purchased Content”). The last version of your playlist in the time rank before the assignment of the Purchase Content remains stored and can be restored by you at any time, but it is not playable for the duration in which you have assigned the purchase content from the Audio Library to this creative soundtrack. If the Audio Library content is free of charge content (“free content”), this free content will be added to your existing playlist and will remain playable accordingly.

3.4 In addition, free content for Creative-Tonies can be assigned to multiple Creative-Tonies at the same time. Purchased Content for Creative-Tonies can only be assigned to one Creative-Tonie at a time. If you want to assign the purchased content to another Creative-Tonie, you must either a) remove the content from the current Creative-Tonie via the Audio Library and then assign it to another Creative-Tonie or b) assign it to another Creative-Tonie, which will remove the purchased content from the previous Creative-Tonie and restore the previous playlist.

3.5 For information on the conditions for using Audio Library content for Creative-Tonies, see 5 Audio Library.

4. Household settings and restrictions
   4.1 Your Tonie-Account has various configuration settings. However, certain settings can only be changed by administrators, i.e. the household owner or full members (usually legal adults). This is the case for all household-related settings and other ‘Invite Member’ functions. Other types of users (Creative-Tonie members) cannot use these functions. A Creative Tonie Member can only view and edit Creative Tonies that have been shared by the Full Member. Household owners and full members can edit all Tonieboxes, Tonies, Creative Tonies and their contents. The respective (access) rights are assigned by the household owner via corresponding settings in his/her/their Mytonies account.

4.2 As an administrator, you can also specify that all or specific Creative-Tonies from your household only be played within your household. In addition, if you are an administrator you can also specify whether external Creative-Tonies are allowed to play in your household. For more information about the settings available for your Tonie-Account, please visit my.tonies.us.

5. Audio Library
   5.1 After opening your Tonie-Account, you will be able to assign content (e.g. audio plays or songs from the Audio Library atmy.tonies.us onto your existing Tonies and Creative-Tonies free of charge or buy new content from the Audio Library and assign to the Tonies or Creative-Tonies that you already have. This enables you to get new content for your existing Tonies and Creative-Tonies without having to buy a new physical Tonie or Creative-Tonie. The Audio Library also enables you to easily manage your content obtained through the Audio Library by simply assigning the content to existing Tonies or Creative-Tonies and undoing//changing this assignment. Using the Audio Library is subject to the following additional conditions:

5.1.1 To use the Audio Library and to receive content from the Audio Library, you need a Tonie Account, and you must be logged in with it. Furthermore, to be able to assign (purchased) content, you require a Tonie that belongs to the series of the content, in the case of Audio Library content for Creative-Tonies, a Creative-Tonie of your choice. This Creative-Tonie or Tonie must be present in your household or in a household in which you are a member to be able to assign the new content.

5.1.2 We’d love to offer you all the products in the Tonies family no matter where you are. If you’ve ever visited our Audio Library via the website or the App while on vacation, you might have noticed that our product portfolio varies from country to country. This is due to the fact that we have different licensing rights in different territories. Therefore, we always can only show you Audiothek content that we are allowed to offer you in the country you are in when you access the Audio Library.

You can only get content from the Audio Library in the country in which we offer the respective content and for which we have licensed the respective content. To determine your approximate geographic location (country), we use your geo-IP transmitted by your network when you access our Audio Library to ensure compliance with our licensing rights. If you travel or move to a country that is not covered by the delivery area of the content you have already purchased, you can of course continue to listen to it.

5.1.3 You can only receive Audio Library content for Tonies of the same series. Whether you already have the right Tonie for your desired content in your collection is displayed in the Audio Library. Audio Library content for Creative-Tonies can only be played on a Creative-Tonie and can therefore only be assigned to a Creative-Tonie. Purchased Content can only be assigned to one and not to multiple Tonies or Creative-Tonies at the same time. Free content for Creative-Tonies, on the other hand, can be assigned to multiple Creative-Tonies at the same time.

5.1.4 After buying new content, you can assign it to one of your Tonies or, in the case of content for Creative-Tonies, to one of your Creative-Tonies and replace the previous content on your Tonie or Creative-Tonies at the same time. You can change the assignment later as desired and cancel it (e.g. by resetting to the original content or assigning new content).

5.1.5 All content that you buy always remains available in the Audio Library for your Tonie-Account and can be reassigned by you. Free content can be removed from the Audiothek by us at any time. You can therefore only move them to other Creative-Tonies as long as the content is available in the Audio Library. In principle, free content remains assigned to your Creative-Tonie even after it has been removed from the Audiothek, provided that it is not overwritten by other content. However, we reserve

6. Usage of the App
   Use of our App is subject to the same terms and conditions (GTC) as when using our websites at my.tonies.us. The mytonies App can be used on iOS and Android. The mytonies App additionally allows you to record speech with your smartphone or tablet by uploading the recording from your smartphone or tablet to mytonies. To do this, you will need a Tonie-Account and have to log into the mytonies App with your account credentials.
7. Your obligations as a mytonies user
   7.1 As a mytonies user with a Tonie-Account, you are obliged to refrain from uploading to mytonies any files that violate applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency. This, in turn, means that you must possess all necessary rights to use the files you upload. You must explicitly reconfirm the above conditions by clicking a corresponding read confirmation before uploading your own files for the first time.

7.2 Furthermore, as a user with a Tonie-Account you are obliged to refrain from uploading data that contains software viruses or other information, files or programs that are intended or can be used to disrupt, destroy, or restrict the functionality of computer software or hardware or telecommunications equipment.

7.3 We cannot offer a subsequent download of the files that you upload to mytonies for Creative-Tonies. Please always keep a copy of your personal files outside of mytonies for this reason. Otherwise, you yourself will be responsible for any loss of files.

7.4 Moreover, as a user you are responsible for making sure that the Creative-Tonies you use do not physically end up in the hands of others against your will so that unauthorised persons who also have a Toniebox cannot play those Creative-Tonies against your will. However, as an ‘owner’ or ‘full-member’ administrator, you can specify that all or individual Creative-Tonies be played only in your household by adjusting your household settings at my.tonies.us.

7.5 If you use our ‘Invite member’ function, you undertake to invite only friends who explicitly consent to receiving such invitations by email.

7.6 No user is permitted to interfere with our online service or the servers or networks associated with it or disrupt them, violate regulations, procedures or other rules for networks associated with our online service or to collect or store data from other users.

7.7 You will find additional user obligations under the below Copyright, Entitlement to Use Digital Content and Special Terms of Service for Operating Software.

8. Our rights
   8.1 Tonies GmbH is entitled to review, modify and store all content uploaded to mytonies and share it with third parties if required by law or if necessary and legally permissible after due consideration in order to (a) fulfil legal specifications or court or official orders, (b) enforce these Terms of Service, (c) respond to third-party claims regarding a violation of rights, (d) safeguard the rights, property or personal safety of tonies GmbH and its employees, our users or the public, (e) identify/resolve technical problems and respond to complaints through our Customer Service or (f) implement security measures to protect against viruses or hacker attacks or other comparable malicious applications or files.

8.2 If these GTC, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds, we are entitled, at our discretion, to delete content uploaded to mytonies without giving reason. Furthermore, we reserve the right to cancel your Tonie-Account in these cases. We also reserve the right to file further claims.

8.3 In addition, we reserve the right to delete your Tonie-Account if you do not use it for a long period of time. Further information about cancelling Tonie-Accounts and the effects of doing so can be found under section B Mytonies Account.

8.4 We reserve the right to establish general rules regarding the use of mytonies for Creative-Tonies if we find that the Toniecloud’s performance is reaching its limits for data and/or server capacity. In this situation, for example, we would limit the number of uploads per Creative-Tonie and reserve the right to introduce paid premium membership involving continued unlimited use of mytonies for Creative-Tonies and other benefits.

9. Copyright
   9.1 All of the content of our service is protected by trademarks, patents, copyrights and other intellectual property rights; in particular, text, software, photography, graphic files, illustrations, music, names, logos and marks are our property or that of our licensors. We are not aware of any opposing ownership or licence rights pertaining to mytonies components. Should someone find that any content violates their rights, that person must contact us directly.

9.2 Users may not modify, publish, take from, sell, or transfer content in this service or parts of it, store such content in a database or use it commercially in any other manner. When content is loaded onto the Toniebox from mytonies, the user receives a non-exclusive right to use it on a non-commercial basis, provided the content is not modified.

9.3 When you upload content to mytonies for your Creative-Tonies, you automatically assign to us all rights to use the relevant content in such a manner that they are (a) without time restriction, (b) irrevocable, (c) free of charge and (d) non-exclusive, and that the content can be transferred from mytonies to Tonieboxes when the relevant Creative-Tonie is used. We will of course not use the content for any other purpose. You will indemnify us for all third-party claims and hold us harmless against them where third parties exercise claims based on a violation of their rights, especially copyrights or other intellectual property rights, due to the content you upload. The same also applies to claims exercised in relation to competition law.

10. Entitlement to use digital content
    10.1 You may load and play the digital data files, audiobooks, music and software offered as downloads (‘digital content’) only using the Toniebox. This digital content is protected with regard to copyright, trademarks, name rights and, where relevant, other legal considerations.

10.2 By acquiring a Toniebox, a Tonie and Audio Library content through the Audio Library and then downloading one or more items of digital content through the Toniebox in the specified manner, you receive a non-exclusive and non-transferable right to load, play and use the digital content in a personal context on the particular Toniebox onto which it has been downloaded as specified.

10.3 You are not entitled to utilise the digital content in a manner that exceeds the rights granted through this document.

10.4 In particular, it is prohibited for you, in whole or in part, to:

lease or sub-license the digital content or in any way make it the object of your own commercial exploitation

sell, swap or provide the digital content or pass it on free of charge or in return for payment without simultaneously passing on the associated Tonie

modify or change the digital content

develop the digital content further or use it as a basis for other products, decompile or disassemble the provided program code into other code forms or in any other way reverse-engineer the digital content into various stages of production

remove or modify copyright notices, marks, logos, notices of other industrial property rights or serial numbers or other characteristics serving to identify the digital content

use the digital content on more than one Tonie simultaneously

download or reproduce the digital content in any way other than that officially provided by us, transfer the digital content from a Toniebox to another device or storage medium

use the digital content in another manner and for purposes that violate legal provisions or third-party rights

10.5 If any third party utilises the rights of use granted to you by these Terms of Service in an unauthorised manner for reasons for which you are responsible, you must compensate us and the other holders of those rights for any costs incurred and/or comply with our requests for compensation.

11. Special Terms of Service for operating software
    The Toniebox’s operating software is also protected by (intellectual property) rights; the rights and restrictions described in the section above apply in the corresponding measure to your entitlement to use the operating software. Updates are carried out in the background automatically so that you can always use the latest version. Information about updates may also be published onwww.tonies.us and/or our social-media profiles.

Updated October 2022