Terms of Service
Effective Date: April 26, 2018
Welcome! We’re glad you stopped by. Please read this Terms of Service agreement carefully before accessing or using our Service.
We use these basic terms throughout this Agreement, and they have specific meanings.
- The “Service” refers to the applications, software, products, and services provided by Toolbox AI.
- The “Website” refers to Toolbox AI’s website located at toolbox.ai, and all content, services, and products provided by Toolbox AI at or through the Website. It also refers to Toolbox AI’s product websites such as poppic.cam.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “Toolbox AI,” “We,” and “Us” refer to Toolbox AI, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
We have a few simple rules for accounts on Toolbox AI’s Service.
- You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.
- One person or legal entity may maintain no more than one account.
- You must be age 13 or older. We do not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
User Account Security
- You are responsible for maintaining the security of your account. Toolbox AI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You will promptly notify Toolbox AI if you become aware of any unauthorized use of, or access to, our Service through your account. You can do so by sending an email to email@example.com.
Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using the Service, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Toolbox AI employees, officers, and agents, or other Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers;
- attempt to disrupt or tamper with Toolbox AI’s servers in ways that could harm our Website or Service, to place undue burden on Toolbox AI’s servers through automated means, or to access Toolbox AI’s Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Toolbox AI, or by fraudulently misrepresenting your identity or site's purpose;
- violate the privacy of any third party, such as by posting another person's personal information without consent.
Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
Toolbox AI May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Toolbox AI terms or policies.
Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us certain legal permissions. We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it.
Toolbox AI Content
Toolbox AI and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.
Copyright Infringement and DMCA Policy
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act. Our designated copyright agent is:
Toolbox AI, Inc.
4231 Balboa Ave #508
San Diego, CA 92117
We prefer notice via email. To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3).
It is your responsibility to properly cancel your account with Toolbox AI. You can cancel your account at any time by emailing firstname.lastname@example.org from the email address associated with your account.
Toolbox AI has the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Toolbox AI provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Toolbox AI does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
If you have a dispute with one or more Users, you agree to release Toolbox AI from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Toolbox AI (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Toolbox AI of all liability); and (3) provides to you all reasonable assistance, at your expense.
Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement prior to the change taking effect by posting a notice on our Website. Your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
Except to the extent applicable law provides otherwise, this Agreement between you and Toolbox AI and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Toolbox AI agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Diego, California.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Toolbox AI to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms of Service are adapted from GitHub’s site policies, which they have made freely available under a Creative Commons license. Thanks, GitHub!
Questions about the Terms of Service? Contact us at email@example.com.