Effective Date: April 1, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to Tonifunni.com! These Terms of Service (“Terms,” “Terms of Service”) govern your use of the website located at https://tonifunni.com (the “Website”), operated by Toni Funni (“us,” “we,” or “our”).
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Website.
1. DESCRIPTION OF SERVICE
Tonifunni.com is an online platform dedicated to aggregating, commenting on, and sharing humorous content, primarily in the form of internet memes, for entertainment purposes. We provide original commentary and context alongside aggregated content.
2. USER ELIGIBILITY
The Website is intended for users who are at least 13 years of age or older. If you are under the age of 18, you represent that you have your parent or guardian’s permission to use the Website. No user registration is required to access the main features of the Website.
3. ACCEPTABLE USE AND USER CONDUCT
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes, but is not limited to:
- Using the Website for any illegal purpose or in violation of any local, state, national, or international law.
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submitting false or misleading information.
- Uploading or transmitting viruses, worms, 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 Website or of any related website, other websites, or the Internet.
- Attempting to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means.
- Posting spam or any unauthorized promotional materials in comment sections or through the contact form.
- Posting or transmitting any material in comments that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its content involve different types of intellectual property:
- Our Content: The Website itself, including its design, layout, logos, trademarks (like “Toni Funni” if used as such), and all original text, commentary, articles, graphics, and software created by us are the property of Toni Funni or its licensors and are protected by copyright and other intellectual property laws. You are granted a limited license only for purposes of viewing the material contained on this Website.
- Third-Party Content (Memes): The Website displays memes which typically consist of images, videos, or text created by third parties, often aggregated from various public sources on the internet. The original creators and copyright status of these underlying works are often unknown or unclear. We do not claim ownership of the copyrights in the underlying images or videos used within the memes themselves. Such content is presented on the Website for purposes such as commentary, criticism, parody, news reporting, or entertainment, often accompanied by our original commentary. We make no warranties regarding the ownership or legality of the third-party content comprising the memes.
- User-Generated Content (Comments): If you post comments on the Website (“User Content”), you retain ownership of your original content. However, by posting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation and promotion of the Website. You represent and warrant that you own or control all rights to your User Content and that it does not violate these Terms or infringe upon the rights of any third party (including copyright, trademark, privacy, or other personal or proprietary rights). We are not responsible for User Content but reserve the right (though not the obligation) to monitor, edit, or remove User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.
5. COPYRIGHT INFRINGEMENT POLICY (DMCA NOTICE)
We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send copyright infringement notifications to: contact@tonifunni.com with the subject line “Copyright Infringement Notice”.
6. DISCLAIMERS
- General Disclaimer: The Website and all its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
- Content Accuracy: While we strive to provide commentary and context, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any content on the Website, including the third-party content within memes or User Content in comments. Content is for general information and entertainment purposes only.
- Third-Party Links and Content: The Website may contain links to third-party websites or services (including affiliate links, links to merchandise platforms, social media sites) and display content from third parties (memes, user comments) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
- No Professional Advice: The information provided on the Website is not intended as, and shall not be understood or construed as, professional advice (including but not limited to legal, financial, or medical advice).
7. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Toni Funni, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website (including memes, user comments, or linked sites); (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Toni Funni and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms, or c) your User Content posted on the Website.
9. AFFILIATE DISCLOSURE
As mentioned in our Privacy Policy and for transparency, please note that the Website may contain affiliate links. This means we may earn a commission if you click on the link and make a purchase from the third-party site, at no additional cost to you.
10. TERMINATION
We may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12. CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice by updating the “Effective Date” at the top of these Terms. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
13. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
15. CONTACT US
If you have any questions about these Terms, please contact us:
Email: contact@tonifunni.com Or via our Contact Page: https://tonifunni.com/contact/