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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.

Definitions

We use these basic terms throughout this Agreement, and they have specific meanings.

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules and policies (including the Privacy Policy) that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Toolbox AI.
  3. 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.
  4. “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.
  5. “Toolbox AI,” “We,” and “Us” refer to Toolbox AI, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. “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.

Account Terms

Account Requirements

We have a few simple rules for accounts on Toolbox AI’s Service.

User Account Security

Acceptable Use

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.

Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

Conduct Restrictions

While using the Service, you agree that you will not under any circumstances:

User-Generated Content

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
Email: copyright@toolbox.ai

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).

Termination

It is your responsibility to properly cancel your account with Toolbox AI. You can cancel your account at any time by emailing support@toolbox.ai 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:

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.

Miscellaneous

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.

Toolbox AI may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

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.

This Agreement may only be modified by a written amendment signed by an authorized representative of Toolbox AI, or by the posting by Toolbox AI of a revised version in accordance with the “Changes to These Terms” section of this Agreement. These Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Toolbox AI relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

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 info@toolbox.ai.