Last updated: October 13, 2022
This Toonit Dictionary contains certain definitions for the capitalized terms used in the Toonit Legal Terms. For the avoidance of doubt, this Toonit Dictionary is intended to be a helpful reference, but in the event of any conflict between the definitions contains in this Toonit Dictionary and those found in the rest of the Toonit Legal Terms, the definitions contained in the Toonit Legal Terms shall govern.
| DEFINED TERMS | DEFINITIONS |
|---|---|
| AAA | The American Arbitration Association |
| AAA Rules | The Consumer Arbitration Rules applied by the AAA. |
| Account | The Toonit Account, which Users must create in order to access some elements of the Services. |
| Affiliated Parties | Toonit’s officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents. |
| Ancillary Use | Developing, distributing, advertising and otherwise exploiting a TV show, movie, book, website, social media, magazine, or other commercial, non-commercial or educational purpose related to or based on the Service. |
| App | The Toonit mobile application. |
| Creator Music | A type of UGC, including sound recordings and musical works (including as embedded in audiovisual works) created by Creator or licensed to Creator. |
| Creator Terms | Terms applicable to Creators and cover things like (i) using Toonit Studio, (ii) selling Experiences and Virtual Items, (iii) using music on the Platform, (iv) activities prohibited on the Platform, and (v) more. |
| Creators | Users who create and upload and publish UGC (like Virtual Items and Experiences) the Platform and include both amateur and professional developers as well as Toonit In-house developers. |
| Creator Exchange Program | |
| or | |
| CEP | An exclusive program through which Toonit allows certain Creators (who have been accepted into the program) to redeem Toon with Toonit for U.S. currency based on an exchange rate and other requirements, policies and limitations that Toonit establishes in its sole discretion. |
| Toonit Pro Users With Silver & Gold Status (Default starts with Bronze) will be automatically qualified for the program. Refer to the CEP for minimum redeem amount and qualification criteria. | |
| Dispute | Any dispute, action, controversy or claim arising out of or relating to any aspect of the User Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these User Terms. |
| Experiences | Interactive content (games, events, virtual places, custom asset requests) on the Platform that Users can enjoy with others. |
| Guardian | The parent or legal guardian of a Minor User. |
| In-Experience Items | Virtual Items that Users can acquire within a given Experience and that can only be used in that Experience. This includes things like custom asset request coupons, or special in-experience items. |
| Licensed Music | Sound recordings and musical works that Toonit may make available to Creators for use in their UGC. |
| Original Music | Sound recordings and musical works that User owns or may have access to the license for use in their UGC. |
| Metaverse Items | Virtual Items that Users can use across the Platform and that can be purchased in the Item Panel and be used for content creating activities. This includes things like, but not limited to, clothes, characters, backgrounds, and buildings. |
| Item Panel | Side-panel window that appears in Toonit Constructor and Toonit Matrix and displays virtual items for users to purchase, choose, and sell virtual items for creators. |
| Minor Users | A User under the under of 18 (or as applicable and to the extent lower, the age of majority in their jurisdiction). |
| Other Content License | The license granted by Toonit to Creators to use content that Toonit develops and makes available on the Platform, |
| Platform | The platform which Toonit makes available in order to allow Users to play, create and connect. |
| Privacy Policy | A policy outlining the terms application to User data and Toonit’s use of that data. |
| Toonit | The Toonit Corporation. |
| Toonit Intellectual Property | |
| or | |
| Toonit IP | The interfaces, graphics, design, information, data, code, products, software, and all other elements of the Services, including the rights therein. |
| Toonit TM Guidelines | The Toonit Name and Logo Community Usage Guidelines which form part of the Toonit Terms and which cover the terms and conditions under which Users can use certain Toonit intellectual property. (We need to have this later) |
| Toonit Terms | Collectively, the User Terms, the Creator Terms, the CEP Terms, the Toonit Community Standards, the DMCA Guidelines and Policies and the Toonit TM Guidelines. |
| Toon | The official currency of the Platform which is used by Users to acquire things, like Virtual Items and access to Experiences, on the Platform. |
| Toon Allocation | The breakdown of how Toon generated from the sale of Virtual Items, as set forth in the Creator Terms. |
| Services | Collectively, all of the various features and services, like websites, applications, forums and the Platform, which Toonit makes available to Users to allow Users to play, create and connect. |
| Toonit Studio | A free browser-based creative tool that allows Creators to create, develop, modify, operate and release 3D experiences and other content on the Platform. The Studio is one of the most important Services made available by Toonit. Toonit Studio includes, but not limited to, Toonit Construct, Toonit Architect, and Toonit Matrix. |
| Studio License | The license granted by Toonit to Creators to use the Studio, as set forth in the Creator Terms. |
| Template License | The license granted by Toonit to Creators to use the Templates, as set forth in Section 1(a)(iv) of the Creator Terms. |
| Toonit Lens | A tool made available to Creators by Toonit (generally via the Toonit Studio) which serves as a starting point that Creators can use Metaverse Assets to more easily create UGC. |
| Third-Party Services | Any content, tools or other materials from third parties (i.e. people or companies other than Toonit) that is included as part of, or made available through, the Services. |
| UGC License | The license that Creators grant to Toonit to use the UGC that Creator uploads or makes available on the Services, as set forth in Section 1(b)(i) of the Creator Terms. |
| UGC with Licensed Music | UGC into which Licensed Music has been synchronized and incorporated. |
| User Generated Content | |
| or | |
| UGC | UGC is content of any kind or nature, whether material, assets, or otherwise, that Users (including but not limited to Creators) upload to, create and publish on, or otherwise generate through or make available on the Services. |
| User PII | The personally identifiable information of Users. |
| User Terms | Terms applicable to all Users which provide an overview and the associated rules for things like (i) account creation, (ii) using Toon to make purchases, (iii) trading Virtual Items, and (iv) activities prohibited on the Platform. The User Terms also cover some of the more technical legal terms that govern use of the Services, including intellectual property ownership, online safety, disclaimers and other very important legal terms. |
| Users | Everyone who uses the Services. |
| Virtual Items | Any items available on the Services that Users can buy, access, or earn, including UGCs, passes, coupons or abilities, and digital items for content creating activities. Toonit may, in accordance with its policies and practices, elect not to permit a Virtual Item to be uploaded or published or may remove a Virtual Item from the Platform in its discretion. The types of Virtual Items are, but not limited to, UGCs, In-Experience Items and Metaverse Items. |