Solutions to grow your business!
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SOFTWARE TERMS OF USE
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5.1 ACCURACY OF INFORMATION. Some services on the TT Sites permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the TT Sites and any services they offer. You will not under any circumstances use the account, username, or password of someone else at any time.
5.2 RESTRICTED BEHAVIOR AND CONTENT. The rules of conduct set forth in Section 7 below apply to all TT Sites, and you must comply with those rules of conduct at all times when visiting any TT Site or using any services or website features that we may offer or that may be available from any TT Site. Your violation of the rules of conduct will constitute a breach of these Terms of Use, and we reserve our right to take any and all legal actions that may be available to use as a result of such breach.
We warrant that we use reasonable industry practices to safeguard your account data, including implementing and maintaining appropriate administrative, physical and technical safeguards to secure your account data from unauthorized access, alteration, loss, or use. With respect to your account data, we warrant that we comply with all applicable data protection laws, regulations, and industry standards.
9.1 USER CONTENT DEFINED. As used in these Terms of Use, “User Content” refers to any comments, messages (whether text, email, video, multimedia or otherwise), blog posts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, and/or other similar materials that you submit, post, upload, transmit, display, communicate or otherwise distribute on or through an TT Site excluding any tools or services you subscribe to, as well as any names (whether yours or someone else’s), likenesses, voices, usernames, user profiles, appearances, and/or other biographical information that may be included in any of the foregoing. User Content also includes any and all ideas, concepts, inventions, instructions, methods or processes that are underlying or incorporated into any materials that you provide to any TT Site.
9.2 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through any TT Site, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:
(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on TT Sites, on third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop, and on physical media.
(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the TT Sites, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.
(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. If you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.
(d) By providing User Content to the Company or to or through any TT Site, you represent and warrant to us that you own the rights to the User Content or are otherwise authorized to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content, and you further represent, warrant and agree that your User Content and your submission thereof is in compliance with the rules of conduct and other requirements set forth in Section 8 below and with all other terms of these Terms of Use.
9.3 PUBLIC FORUMS. The TT Sites may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other TT Site users. These areas or features may include, by way of example only, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through any TT Site, and we will have no duty to monitor any of the areas or features described in this paragraph.
10.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through any TT Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the TT Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10.2 INAPPROPRIATE CONTENT. You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth in Section 7.3 below; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your ability to provide and/or receive of any such material using the TT Sites or their services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
10.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the TT Sites and the services they offer. You are prohibited from violating or attempting to violate any security features of any TT Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any TT Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any TT Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to an TT Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any TT Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using an TT Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the TT Sites or their services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the TT Sites.
10.4 ALLEGED VIOLATIONS; TERMINATION OF ACCESS. We reserve the right to terminate your use of any one or more of the TT Sites at any time and for any reason (including for no reason), provided we give you at least 60 days’ advance written notice. To ensure that we can provide a high quality experience for you and for other users of the TT Sites, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the TT Sites or the services we offer. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to an TT Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of any TT Site by others.
13.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE TT SITES CONTAIN THE OPINIONS AND VIEWS OF BUSINESSES AND OTHER USERS, ALL OF WHOM ARE BEYOND THE CONTROL OF COMPANY. GIVEN THE INTERACTIVE NATURE OF THE TT SITES, WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.
13.2 DISCLAIMER REGARDING USER ACTIONS. WE DO NOT PRE-SCREEN, INVESTIGATE OR OTHERWISE REVIEW OR APPROVE USERS, AND WE CANNOT GUARANTEE USER IDENTITIES OR ANY INFORMATION THAT USERS PROVIDE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS YOU MAY TAKE ON OR IN CONNECTION WITH THE SITE OR THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO ANY OTHER USER UNLESS YOU KNOW WHO THAT USER IS AND KNOW WHAT HE OR SHE INTENDS TO DO WITH YOUR PERSONAL INFORMATION. MUCH OF THE CONTENT WE PROVIDE IS INFORMATION THAT RESIDES ON OUR SERVERS AT THE DIRECTION OF OUR USERS, AND YOU MUST USE YOUR OWN INDEPENDENT JUDGMENT IN USING THE SITE, IN PARTICIPATING IN ANY BUSINESS, TRADE OR OTHER NETWORKING OPPORTUNITIES THAT MAY BE AVAILABLE FROM THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY SUCH EVENTS OR OTHER OPPORTUNITIES THAT MIGHT ARISE IN CONNECTION WITH USE OF A TECHNOLOGY SERVICE OR ANY SIMILAR APPLICATION), AND BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION YOU MAY OBTAIN FROM THE SITE.
13.3 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING BUSINESS TRANSACTIONS, ADVERTISING AND MARKETING OPPORTUNITIES, WEB PRESENCE, NEWS, EDITORIAL CONTENT, INFORMATION, TOOLS AND SERVICES THAT WE BELIEVE OUR USERS WILL USE AND ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THIS SITE AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE.
Email Marketing: Billing for email marketing will accrue at fifteen dollars ($15) per month per 6,000 email sent blocks. If a customer exceeds the allotted 6,000 emails available for that purchased block, the payment method on file will be immediately billed and account upgraded to the next 6,000 email block.
Directory Management: Purchase of the directory management tool requires a 3 month contract period to start, with an ongoing month-to-month contractual basis thereafter. Except for our breach of these Terms or complete or excessive unavailability of this tool, cancellation on or before the 3 month period is strictly prohibited.
3. Obligations of Client / Cooperation Client shall provide LG in advance with all documents, information and materials they need to perform the agreed services. In so doing, Client shall ensure that the transmitted documents, information and materials are applicable and free of errors. Any liability on the part of LG for processing any erroneous information, documents or materials is excluded. Client shall transmit the Corporate Location Data to LG using the LG interface (“API”) or LG Location Control Center. In so doing, he shall select a format that meets LG specifications. Client is aware that individual Directory Partners do not support certain formats, or that some information cannot be shown completely in the form transmitted by Client, due to the technical requirements of individual Directory Partners. LG ensures that this information will be processed as optimally as the Directory Partner makes possible and will be shown or provided to the Directory Partner in question. All Corporate Location Data and all information and materials provided will be checked for their lawfulness before being transmitted. If a legal breach or violation of common decency is present or possible, LG is authorized to refuse to process this information or these materials. LG shall inform Client thereof. Client ensures to the best of his knowledge that a. he is authorized to enter into this Agreement, LG General Terms of Business (TERMS) for Business Customers 2 b. the Corporate Location Data, brands and logos included, as well as all additionally provided materials, information and documents, are free of any third-party rights, encumbrances or interests, and are suitable for integration in all the Directory Partners’ products, c. the Corporate Location data contains neither viruses, spyware nor other harmful source codes or materials, and are free from errors or imprecise data, d. he has obtained, and will maintain, all contents, consents, approvals, permits and releases which are necessary to fulfil the obligations under this contract, e. he will not violate any third-party rights by performing his obligations, especially intellectual property rights, and his existing obligations or agreements do not contradict or hinder such rights, f. the Corporate Location Data is in no way illicit, harassing, obscene or pornographic, do not glorify violence, endanger youth or violate third-party rights, and are not otherwise inappropriate. If any of the above obligations are violated, Client shall release LG and the Directory Partners from all third-party claims based on such violation, as well as from any costs incurred by asserting these claims (especially for legal d), unless Client can prove that LG or the Directory Partner was fully or partially to blame for the legal breach. The Parties shall immediately inform each other if they learn of such a claim. If Client, LG or a Directory Partner faces such a claim, or if Client believes the Corporate Location Data could violate third-party intellectual property rights, Client shall immediately procure at his expense (i) the usage rights to the Corporate Location Data for LG, the Directory Partner and his partner company, or (ii) delete, replace or alter the data in question so that they no longer violate any rights.
4. Duration and termination The Agreement will enter into force as soon as the customer activates the tool and shall extend automatically on a monthly basis. The right to terminate for cause remains unaffected by this; this right exists in particular if insolvency proceedings are initiated concerning a Contracting Party’s assets, or a motion is made to this effect, or if a Party discontinues or threatens to discontinue their entire business or an essential part thereof. Termination is required in written form.
5. Fees / Payment methods: The services of LG incur a fee after the activation. In particular, the following fees will be due to LG: a. one-time fee after access has been set up if the DIFM option has been selected (“Setup Fee”), b. monthly basic fee (“Basic Fee(s)”) during the contract term and the extension periods. All fees shall be paid by a form of payment kept on file automatically on the last day of the calendar month for the upcoming month.
6. License transfer/Usage rights Under the conditions of these TERMS, and for the duration of the contract term, Client guarantees LG and their accepting partner companies the worldwide, simple, and transferable right to use without charge any or all of the Client’s provided brand logos, symbols and other materials (“Client Materials”) which are protected by copyright or other rights (e.g., photos, product catalogues, etc.), including all rights, solely as are necessary for LG to render their contractual services. It particularly includes the right (i) to combine, alter or augment the Corporate Location Data with other data obtained by LG and their partner company; (ii) to use the Corporate Location Data within LG, (iii) to update, store, download, run, reproduce, digitalize, duplicate, copy, translate or process the Corporate Location Data in the LG database; (iv) to sell, ship, advertise, let, sublet, market, license, or sublicense products, either directly or indirectly, or to use to the full extent methods, processes and devices in any form, including all present or future scientific, digital, mechanical or electronic means, which contain the Corporate Location Data or products derived therefrom, (v) to present, reproduce, exhibit, publish, or exploit the Corporate Location Data or products derived therefrom (directly or in a LG General Terms of Business (TERMS) for Business Customers 3 distribution chain) to any Directory Partner through or for the use of any products from Directory Partners, and (vi) to allow the Directory Partners’ users to use the Corporate Location Data indirectly through the Directory Partner. LG is strictly prohibited from disposing of or otherwise selling the Client materials provided solely by Client, since this is not covered by the transfer of rights. It is hereby clarified that LG is allowed to commission third parties to perform the activities named, and to grant them the necessary sub-licenses to the rights under this Agreement. If Client deletes, supplements, or alters Corporate Location Data, this will in no case affect a sub-license granted to the Directory Partners or their users by LG, as long as the deleted, supplemented or altered Corporate Location Data were used by the Directory Partners, their users, or both. Client hereby acknowledges and agrees that as soon as Corporate Location Data from Directory Partners or their users are utilized, LG will not be obligated to ensure that the respective data will be deleted from any services, systems or devices which are used under the control of the Directory Partners, their users, or third parties, or that the data will not be altered or used by the persons named. This also applies mutatis mutandis if the contractual relationship between LG and Client is terminated. To comply with data protection legal standards, LG will inform all directory partners in the event of a termination of the contractual agreement with the client and/or should the client wish to remove any personally identifying information or other information related to data protection.
7. Maintenance of Secrecy “Confidential Information” is defined as this Agreement as well as any information relating to LG, Client, their respective customers or business partners, and any secret information revealed under circumstances which would reasonably be considered confidential, whether the information is relayed verbally, pictorially, in writing or using another medium. The Parties shall not reveal any confidential information without the other’s written consent. Nor shall the Parties use the other’s logos and names for marketing or advertising purposes.
8. Liability LG is liable for contractually agreed main obligations in accordance with statutory provisions. If LG erroneously processes Corporate Location Data from Client (by inclusion, linking, etc.), LG is not liable if LG rectifies the error during a time period which is reasonable for both Parties. LG is not liable for damages if Client administers or uses the provided API or LG Location Control Centers in a faulty or inadequate manner. LG shall comply with all applicable statutory provisions while rendering their services, including, but not limited to, relevant provisions of data protection law, state and federal law of the United States and the State of California, and industrial property rights (including copyright and trademark law). Client is aware that it is impossible, even with state-of-the-art technology, to create software which can work without error in all applications and combinations. In the event of a technical performance failure, LG shall attempt to rectify the disruption with normal commercial prudence. Any liability from LG is hereby excluded unless the technical malfunction is disproportionately long, and LG has not attempted to rectify the malfunction with normal commercial prudence. Liability for consequential damages, atypical or indirect damages, minor downtime, or loss of prospective profits, revenues, data, business, reputation or prospective transactions is excluded. Moreover, LG shall be liable for damages only if these were caused by gross negligence or willful intent from LG or one of their vicarious agents. If LG’s liability is excluded or limited, this also applies to the personal liability of LG’s employees, staff, co-workers, representatives and vicarious agents.
9. No transfer Client hereby agrees that upon prior written notification LG can fully or partially transfer, re-establish, forward or otherwise dispose of their rights and obligations under this Agreement, and release themselves from same, to any partner company of LG, any company which LG takes over completely or essentially, or any legal successor if LG is merged or acquired, provided that LGs legal successor ensures Client in writing that they are obligated by the provisions under this Agreement. The term “Partner Company” here means any company which controls another company or is jointly controlled by it. The terms “control” and “controlled” mean the legal, usufructuary or equitable ownership, whether direct or indirect, of more than 50% of the entire voting rights in the company. Client shall not sell, assign or transfer any of his rights guaranteed herein without LG’s consent.
10. Applicable law and competent court This Agreement is subject to the law of the state of California, notwithstanding the “conflict of laws” principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for the contractual services to be rendered by LG is LG’s registered office. The courts of the state of California, will be responsible for all legal disputes arising from this Agreement. LG General Terms of Business (TERMS) for Business Customers 4
11. Miscellaneous This Agreement constitutes the entire agreement between the Parties regarding its subject and replaces all former agreements, whether verbal or written, relating to that subject. Evidence to the contrary is excluded. LG reserves the right to amend these General Terms of Business at any time if adhering to a reasonable notice period of at least four weeks. If Client makes no objection within four weeks after notification or publication, the amended business conditions are deemed accepted. The notification of the amendment will contain separate reference to the significance of this four-week notice period. If Client objects to the amended business conditions in a timely manner, LG is entitled, under consideration of Client’s justified interests, to terminate any contract with the Client existing at the time at which the amendment enters into force; otherwise, the contractual relationship based on the previous TERMS remains in existence. Amendments to this Agreement are required in written form. This also applies to amendments of this requirement for written form.
These Terms of Use govern your use of Reputation Management and any other website which references these Terms of Use (hereinafter, the “Website”). Any use of the Website by you, including any products or services provided through the Website (collectively, the Website, the product and services shall be referred to as the “Services”) shall be subject at all time to these Terms of Service (these “Terms”). This Website is operated by Reputation Management (hereinafter, “RM,” “we,” “us,” “our”).
We expect that you will review and adhere to these Terms in their entirety. These Terms are binding on you and if you do not accept them, you must immediately cease any use of or access to the Services.
Section 1. Additional Terms and Conditions. Some of our Services may be subject to additional posted terms and/or conditions. Your use of those Services is subject to those additional terms and/or conditions, which are hereby incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and any additional posted terms and/or conditions, the provisions of the additional terms and/or conditions shall control.
Section 2. Intellectual Property Rights; Restrictions and Licenses. (a) Our Website may include any combination of (i) RM sourced content, (ii) content that our partners or providers create and allow us to use, and (iii) content created by our users, including you. You acknowledge and agree that all materials published on our websites are protected by applicable copyright and/or trademark law. For purposes of clarity, such materials include without limitation, photographs, marks, logos, written content, illustrations, graphics, images, sound or video clips, and Flash animation, whether owned by us or our partners. You may not modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our websites in whole or in part. If you would like to request permission to use any of the content on our websites, please review our copyright notice.
(b) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available through our Services (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our websites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Section 3. Content Disclaimer. You acknowledge and agree that our Website contains content that we create as well as content provided by third parties. This content includes, among other things, reviews. It may also include information about products and services offered by parties other than RM. We do not guarantee the accuracy, the integrity, or the quality of the content on our websites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Website, if any. You acknowledge and agree that you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content or being exposed to such content. We have the right, without obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Section 4. Third-party websites, products, and Services. (a) Our websites contain links to other Internet websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion on our websites of any third-party content or a link to a third-party website is not an endorsement of that content or third-party site.
(b) Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Section 5. RM Paid Services. Services we offer require you to pay a fee, as described in the specific conditions included where those Services are offered, including our End User License Agreement. Those conditions shall govern your payment obligations with respect to such Services.
Section 6. Communications to You. You understand and agree that our Services may include advertisements and that by utilizing our Services, you agree to receive such advertisements. You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. Your continued use of the Services shall be deemed your acceptance of these communications. You further understand and agree that you will not be able to opt out of receiving these messages. These communications may be made using whatever information you may provide to us from time to time, including, without limitation, e-mail addresses.
Section 7. Registration for Use of RM Websites. (a) In some cases our websites may require registration prior to use. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
(b) If you choose a username in connection with the use of any of our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) that, in our sole determination, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our websites, deny you access to our websites, or any combination of these options.
Section 8. Your Conduct. (a) The technology and the software underlying our Services is offered by RM, our affiliates, and/or our partners. You agree not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Services. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.
(b) Without limiting the prohibitions set forth in Section 9(a) above, you agree that you will not use our Website to (i) transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (ii) publish, post, upload, e-mail, distribute, or disseminate (collectively, “transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (iii) transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our websites, any software or hardware, or telecommunications equipment; (iv) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; (vi) download any file that you know or reasonably should know cannot be legally obtained in such manner; (vii) collect or store personal information about other end users; (viii) restrict or inhibit any other user from using and enjoying any public area within our sites; (ix) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (x) interfere with or disrupt our websites, servers, or networks; (xi) impersonate any person or entity, including, but not limited to, a RM representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our websites or to manipulate your presence on our sites; (xiii) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (xiv) engage in any illegal activities.
(c) You agree to use our Forums only to send and receive messages and materials that are proper and related to that particular Forum.
(d) Unauthorized access to our websites is a breach of these Terms and a violation of the law. You agree not to access our websites by any means other than through the interface that is provided by RM for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our websites, except those automated means that we have approved in advance and in writing.
(e) In all cases, use of our websites is subject to existing laws and legal process and you should comply with such laws and legal process at all times. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Section 9. Termination, Suspension and Other Rights of RM. (a) We at all times have the right, without obligation, to take certain actions with respect to our Websites and your use of our Websites in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Services; (ii) remove, refuse, or move any material that you submit to our Websites for any reason;(iii)remove, refuse, or move any content that is available on our Websites;(iv) deactivate or delete your accounts, if any, and all related information and files in youraccount; and (v) establish general practices and limits concerning use of our Websites.
(b) You agree that under no circumstances whatsoever will we be liable to you or any third party for taking any of the actions set forth in Section 10(a) above for any reason or no reason at all. You further agree to refrain from bringing any action against us for our taking any of the actions set forth in Section 10(a) above for any reason or no reason at all.
Section 10. Requests to Remove Content from Our Websites. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact customer support at support@tech-toolbox.net.
Section 11. Indemnification. You hereby agree to indemnify, defend and hold RM and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “RM Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any RM Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of (i) your use of our Websites; (ii) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; (iii) the content, the quality, or the performance of content that you submit to our Websites; (iv) your connection to our Websites; (v) your violation of these Terms; or (vi) your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Section 12. Disclaimers; No Warranties;. We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Websites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our websites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR WEBSITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEBSITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Section 13. Arbitration. RM may elect to resolve any controversy or claim arising out of or relating to these Terms or our websites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California, necessary to protect the rights or the property of you or RM (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Section 14. Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in email format to support@tech-toolbox.net.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our websites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and RM and govern your use of our websites, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco County, California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Section 15. Modification of Terms. At any time and without notice to you, we may modify these Terms by posting revised Terms on our websites. Your use of our websites constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.
The social Media tools is developed to help you manage your social media in a more productive and efficient way.
2.1 Our contract. These terms and conditions (Terms) apply to the activation by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.1 Activating your subscription. Each activation is an offer by you to buy the services offered by our social media management tool (Services) subject to these Terms.
4.1 You may terminate the Subscription Contract at any time unless a specific signed agreement is made for a certain period of time, in which case you may terminate before expiration of the time period if you disagree with a material change to Services under clause 5.4 or an increase in Charges under clause 7.4 and receive a pro rata refund. If you terminate the Contract before the end of your current paid-up period, you will have access until 1 day before the paid-up period ends at which point termination will take effect and you will not be charged again.
4.2 To cancel the Subscription Contract, you will need to contact support@tech-toolbox.net.
4.3 Refunds are not available after pre-payment for the month is made
5.1 Services. We will provide you with social media management tools as more particularly described on our site. Our Services can be accessed by our site, via our API and through our mobile apps
5.2 Third Party Service Providers. The Service may contain features that enable various third party service providers (such as social media services like Facebook, Twitter and LinkedIn) (“Third Party Service Providers”) to be directly integrated into your Social Media Platform account. To take advantage of these features, you will be required to register for or log into the Third Party Service Providers on their respective websites. By enabling Third Party Service Providers within the Service, you are allowing us to pass your login information to these Third Party Service Providers for this purpose. You agree to comply with all the terms of service and use of the Third Party Service Providers (“Third Party Service Providers Terms”) and we shall not be liable to you in any way in the event that you do not follow such Third Party Service Providers Terms. In the event that you breach Third Party Service Providers Terms we have the right to immediately terminate our agreement with you.
5.3 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.4 Changes to Services. We reserve the right to amend the specification of the Services at any time and we will use reasonable endeavours to notify you in advance of any such event but shall be under no obligation to do so. For the avoidance of doubt such changes to the specification of the Services may arise as a result of Third Party Service Providers withdrawing their consent for our use of the whole or any part of their platforms for the use in the Services. We shall not be liable to you for any losses caused by a change in the specification of the Services howsoever caused, other than providing a pro rata refund of prepaid Charges following a material reduction in functionality of the Services.
5.5 Reasonable care and skill. We will provide the Services to you using reasonable care and skill.
5.6 Availability of Site. Whilst we shall do our best to ensure the Service and the Site are always available we cannot guarantee it will be uninterrupted, always available or error free.
6.1 It is your responsibility to ensure that:
(a) you co-operate with us in all matters relating to the Services;
(b) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(c) you comply with all applicable laws, including data protection laws;
(d) you comply with our acceptable use policy; and
(e) you input the correct county, province and country codes which reflect the country you live in when purchasing your subscription.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
7.2 The Charges are the prices quoted on our site at the time you submit your order.
7.3 We take reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.6 for what happens if we discover an error in the price of the Services you ordered.
7.4 We reserve the right to increase the Charges at any time.
7.5 If you are in the UK then our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7.6 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
7.7 If we have offered and you are using a discount code then this code may only be used on a single account at any time. Where a discount code is used, this discount will be applied to your current plan and will negate any discount that would have otherwise been applied based on payment frequency.
7.8 Discounts codes are only applicable to your current subscription plan. This includes offers provided when opening a free trial with us. You acknowledge that by upgrading or downgrading your plan, the discount code applied to your previous charges will no longer be valid.
7.9 We reserve the right to reduce or stop discount codes as we see fit at any time
7.10 For any upgrade or downgrade of your subscription plan, the credit/debit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rata charge will be applied based on the difference in price between your current plan and the plan you upgrade to and the amount of time remaining until your next billing date. For purchases of additional user allocations, a pro-rata charge will be made based on your current subscription and the amount of time remaining until your next billing date. For downgrades or removals of additional user allocations from your subscription, a pro-rata credit will be applied towards your next payment(s). This credit is non-refundable.
7.11 Where a charge could not be successfully processed in accordance with your Subscription Contract and your selected payment frequency, we will provide a grace period of 7 days at our discretion. This includes where a payment requires Secure Card Authorization by the card holder. Any extension of the normal 7 day grace period is provided solely at our discretion. Where a grace period has been provided, we will attempt to charge the outstanding subscription payment once a day during this period unless the payment could not be processed because it required authorization. If payment is still outstanding at the end of the grace period, your subscription will be suspended and you will lose access to the services until the outstanding payment has been made. Where the subscription is suspended for more than 1 month, it will be terminated and, following a reasonable period for you to retrieve your data, you will lose access to any data retained within the account.
8.1 Payment is to be pre-charged for the upcoming month on the last day of the prior month. If the tool is activated mid month, we will charge you a prorated amount for the current month.
8.2 You can only pay for the Services using a debit card or credit card unless we agree otherwise with you in writing.
8.3 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law and agreed with us).
If a problem arises or you are dissatisfied with the Services please let us know at support@tech-toolbox.net.
10.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us. All intellectual property rights in your data are owned by you.
11.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by unsubscribing from these notifications.
12.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to clause 12.1 and except for any unauthorized disclosure of your data or payment information caused by us, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of use or corruption of software, data or information;
(e) loss of or damage to goodwill; and
(f) any indirect or consequential loss.
12.3 Subject to clauses 12.1 and 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.5 This clause 12 will survive termination of the Contract.
13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2. We use reasonable industry practices to safeguard your data, including implementing and maintaining appropriate administrative, physical and technical safeguards to secure your data from unauthorized access, alteration, loss, or use. With respect to your data, we comply with all applicable data protection laws, regulations, and industry standards.
13.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
(f) you do anything which in our sole opinion could jeopardize our business or hamper our ability to provide our services to our other customers.
14.2 You may terminate the contract for Services before expiration if you disagree with a material change to Services under clause 5.4 or an increase in Charges under clause 7.4, and you will receive a pro rata refund of prepaid Charges.
14.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.4 Following termination by either party, you will retain access to your account for a reasonable period to retrieve your data. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). For the avoidance of doubt an Event Outside Our Control includes but is not limited to interruptions in service or events on third-party sites, including but not limited to, Facebook, Twitter, LinkedIn that may affect us and your use of the Service.
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will attempt to see if we can provide the Services but if as a result of the Event Outside Our Control means that we are no longer able to provide the Services or any part of them (or cannot commercially justify the provision of the Services or any part of them in our sole discretion) then we can cease providing it.
15.3 You may cancel the Contract affected by an Event Outside Our Control. Third party contracts outside our control which remove the service.
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 10.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by California law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the courts in San Francisco, California.
TERMS OF WEBSITE USE
Who we are and how to contact us
We are a company which provides social media management tools, software and platforms.
To contact us, please email support@tech-toolbox.net
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. However, we will not amend major terms without at least 30 days’ advance notice to you.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities and we will try to give you reasonable notice of any major changes though be under no obligation to do so.
We may suspend or withdraw our site and give you a pro rata refund of prepaid Charges.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user access, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on support@tech-toolbox.net.
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
Other than providing you with a pro rata refund of prepaid Charges, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a consumer user:
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Uploading content to our site
Any content you upload to our site for public use will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a royalty free license to use, store and copy that public content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our site for public use, you grant us the non-exclusive worldwide royalty free right to use that content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact support@tech-toolbox.net.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by United States Federal law. You and we both agree that the courts of San Francisco, California will have exclusive jurisdiction.
Our trade marks
You are not permitted to use any of our intellectual property without our written approval.
SOCIAL MEDIA PLATFORM ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.Social Media Platform.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
YOU ALSO AGREE
SUSPENSION AND TERMINATION
We will determine, in our sole discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Please familiarize yourself with the contents of this policy in order to understand how we handle customer data and what your rights and responsibilities are as a user of our service.
This privacy policy (“Policy”) explains how personal information is collected, used, and disclosed by the website builder module, with respect to your use of the website located on this platform (the “Site”) so you can make an informed decision about using the Site and the website creation and hosting services offered.
Please note that this Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with websites hosted by the sitebuilder(“User Sites”) or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them.
This Privacy Policy constitutes a binding and enforceable legal contract between the provider and you — so please read it carefully!
You may visit and/or use the Services only if you fully agree to this Privacy Policy — and by accessing and/or using any of the Services, you signify and affirm your informed consent to this Privacy Policy, including to the collection and processing of your Personal Information as defined and explained below.
Please note: you are not obligated by law to provide us with any information. You hereby acknowledge, warrant and agree that any information you do provide us is provided of your own free will and consent, for the purposes and uses described herein.
This policy describes our privacy practices — what information we collect on our visitors and users, how we collect it, what we do with it, how we protect it, and your rights regarding your information. This privacy policy does not cover third party sites that you may visit and you need to approach the site owners directly for any questions on their privacy policies.
By accessing or using any of our services, you consent to this Privacy Policy. You may use our services only if you fully consent to the practices described in this policy.
We collect two basic types of information with our service, namely personal information and aggregate information.
As used herein, the term “personal information” means information that specifically identifies an individual. The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method, and transaction details), details regarding a browsing or usage session (IP address, and Geo-location), details regarding connected third-party accounts (such as the e-mail or username for a connected PayPal, Google or Facebook account), scanned identification documents provided to us (such as an ID card, driver’s license, passport or official company registration documents), correspondences (including those made through or uploaded to our Services), and any other Personal Information provided to us by Visitors and/or Users through their access to and/or use of the Services. Our definition of personal information does not include “aggregate” information (see below).
Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use our service may be collected and combined with information about how others use the service, but no personal information will be included in the resulting data. Aggregate information helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our service. This policy in no way restricts or limits our collection and use of aggregate information, and we may share aggregate information about our users with third parties for various purposes, including to help us better understand and improve our service, and for advertising and marketing purposes.
We may also collect similar information pertaining to visitors of our User’s Websites or Services (“Users-of-Users”), on our Users’ behalf (as further described in Section 6 below). This data is aggregated for our use and for sharing with third parties as described above.
We collect two types of information: Personal Information (which could be used to uniquely identify an individual) and Aggregate Information (which is non-identifying).
Personal information may be collected in a number of ways when you visit our Site. We may collect certain information you voluntarily provide to us which may contain personal information. For example, we may collect your name, address, email address, and other contact and demographic information when you register and set up an account or contact us by e-mail or other means. We may also collect payment information if applicable. In addition, from time to time we may collect demographic, contact or other personal information you voluntarily provide to us, such as in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site.
For each visit of registered user of the Site (each a “Registered User”) to the website, our Web server automatically recognizes any header information that is shared with our Web server. The platform collects the IP address and header information, and may collect the following:
By doing so your name and the content of your communication may be made public and can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
As mentioned above, we automatically receive certain types of information whenever you interact with us. For example, when you use the website, our systems may automatically collect your IP address and the type of operating system or browser you use. We may also collect information pertaining to your account activity, and standard access information, such as the time and date of your accessing the service and your usage of the service. We use such information for purposes such as compiling aggregated statistics about service usage, developing new features, and improving our services.
We may also use cookie technology to collect information. See Section 9 for details.
When you visit or use our services — you may also provide us with certain information either automatically through your uses, or by manually submitting it.
We use cookise to identify you to our Services.
We collect such Non-personal and Personal Information for the following purposes:
We collect and use information in order to provide our services and make them better and safer.
We also collect and use information in order to contact our visitors, users and job applicants, and in order to comply with the laws applicable to us.
Visitors’, Users’ and Users-of-Users’ Personal Information may be maintained, processed and stored by the sitebuilder and our authorized affiliates and service providers in the United States of America. The platform and all US-based sub-processors comply with the EU–US privacy shield. We have employees in the US, Canada, Australia, Ukraine, and South Africa who have access to customer data.
Affiliates and service providers that store or process your Personal Information on the platforms behalf are each committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
The Platform complies with the EU–US Privacy Shield Framework and the Swiss–US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the European Union and Switzerland and the United States, respectively. The sitebuilder has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
In compliance with the EU–US and Swiss–US Privacy Shield Principles, the platform commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact support by email at support@tech-toolbox.net.
Upon request we will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at support@tech-toolbox.net. We will respond to your request within 30 days.
The sitebuilder has further committed to refer unresolved privacy complaints under the EU–US and Swiss–US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
The platform may also be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
The Platform is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
We may store and process Personal Information subject to this policy in the USA, whether by ourselves or with the help of our affiliates and service providers.
Data storage providers are committed to protect and secure your data. Among other things, the sitebuilder adheres to the EU–US & Swiss–US Privacy Shield Principles, for further protecting and enhancing our users’ privacy.
The platform may collect, store and process certain Aggregated and Personal Information of Users-of-Users (“Users-of-Users Information”), on our Users’ behalf. For example we act as a data processor for responses sent via the Form widget, and also for Online Store customer registrations and orders. Such contacts are then stored on the User’s behalf. The sitebuilder will aggregate this data (as in Section 2.1 above) to help us understand and respond to users’ needs.
For such purposes, the sitebuilder serves and shall be considered as a “Data Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Data Protection Directive) of such Users-of-Users Information. The Users controlling and operating such User Websites shall be considered as the “Controllers” of such Users-of-Users Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions. You are responsible for the security, integrity and authorized usage of your Users-of-Users’ Personal Information, and for obtaining any consents and permissions required for the collection and usage of such information.
The sitebuilder cannot provide legal advice to Users or their Users-of-Users, however we do recommend that all Users publish and maintain clear and comprehensive privacy policies on their User Websites, in accordance with the applicable laws and regulations, and that all Users-of-Users carefully read those policies and make sure that they consent to them.
For more information on how Users-of-Users Information may be handled by the sitebuilder (which may be relevant for the specific notice you provide to and/or consent you obtain from your Users-of-Users), please see Sections 8, 13 and 14 below.
If you are a visitor, user or customer of any of our Users, please read the following: The sitebuilder has no direct relationship with the individual Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If requested to remove any Users-of-Users’ Personal Information, we will respond to such request within thirty (30) days. Unless otherwise instructed by our User, we will retain their Users-of-Users’ Personal Information for the period set forth in Section 13 below.
The sitebuilder may collect and process information regarding the users of our users. We do this on our users’ behalf. Our users are solely responsible for their users-of-users information, including for its legality, security and integrity.
The sitebuilder has no direct relationship with any of its users’ users. If you are a user-of-user, please contact such user directly.
The sitebuilder may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances:
The sitebuilder has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include service providers, hosting and server co-location services, communications and content delivery networks (CDNs), billing and payment processing services, domain name registrars, fraud detection and prevention services, web and service analytics, e-mail distribution and monitoring services, session recording, performance measurement data optimization and marketing services, customer service outsourcing, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”).
Such Third Party Services may receive or otherwise have access to our Visitors’ and Users’ Personal Information and/or Users-of-Users’ Personal Information, in its entirety or in part — depending on each of their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes.
Note that while our Services may contain links to other websites or services, we are not responsible for such websites’ or services’ privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit. This Privacy Policy does not apply to such linked third-party websites and services.
The sitebuilder is accountable for personal data that it receives under the Privacy Shield and subsequently transfers to a third party as described in the Privacy Shield Principles. In particular, it remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless the sitebuilder proves that it is not responsible for the event giving rise to the damage.
The sitebuilder may disclose or otherwise allow others access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
The sitebuilder may share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of the sitebuilder, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
Our Services include certain Social Media features and widgets, such as the “Facebook Connect” or “Google Sign-in” features, “Facebook Like” button, the “Share this” button or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect information such as your IP address or which page you are visiting on our Site, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties are governed by their policies and not ours.
In addition, our Services may enable you to share your Personal Information with third parties directly, such as via page framing techniques to serve content to or from Third Party Services or other parties, while preserving the look and feel of our Site and Services (“Frames”). Please be aware that if you choose to interact or share any Personal Information via such Frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing too are governed by such third parties’ policies and not ours.
We may share Personal Information internally within our family of companies, for the purposes described in this Privacy Policy. For example, we may share your Personal Information with co-owned affiliates which employ sitebuilder employees in the US, Ukraine and South Africa, in the course of facilitating and providing you (and your Users-of-Users) with our Services. In addition, should the sitebuilder or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we have a good faith belief that such change in control might materially affect your Personal Information then stored with us, we will notify you via e-mail and/or prominent notice on our Site of this event and certain choices you may have regarding your Personal Information. Sharing of Personal Information from subsidiaries and affiliated companies in the European Union and Switzerland to the sitebuilder’s United States subsidiary, adheres to the EU–US and Swiss–US Privacy Shield frameworks.
For the avoidance of doubt, the sitebuilder may share your Personal Information in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so. Moreover, the sitebuilder may transfer, share, disclose or otherwise use Non-personal Information in its sole discretion and without the need for further approval.
In the event that the sitebuilder transfers your personal information to a third party that is acting as an agent, the sitebuilder will enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant principles, and also requiring that personal data is only processed for limited and specified purposes.
We may share the information of our visitors, users and their users-of-users with various third parties, including certain service providers, law enforcement officials and application developers. The information may be shared solely in accordance with this policy.
The sitebuilder, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our Visitors, our Users and their Users-of-Users with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our Visitors’ and Users’ preferences and authenticated sessions, to better secure our Services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Services.
The use of cookies by our partners and affiliates is not covered by our Policy. We do not have access or control over these cookies. Our affiliates may use session ID cookies on their websites to give you access to discounts and promotions. Our integration partners use cookies within the sitebuilder in order for you to use the parts of the sitebuilder Toolset that are implemented by these partners.
If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at https://www.aboutcookies.org/ (note that this website is not provided by the sitebuilder, and we therefore cannot ensure its accuracy, completeness or availability). Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.
Some parts of our Service use third party analyticservices to help us create a better user experience.
Javascript tracking: We and certain Third Party Services may employ tracking, which enables them and us to improve our Services by measuring their effectiveness and performance.
Behavioral Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our service. Such parties may use certain tracking technologies to collect certain information about your activities on the Services and different third party Services to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here (or if you are located in the European Union click here (provided by YourChoicesOnline.eu). Please note this does not opt you out of receiving any advertising.
“Do Not Track” Signals: Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application.
We and certain third party services may use cookies and similar tracking technologies throughout our services.
These technologies are used mostly for stability, security, functionality, performance and advertising purposes.
You may block, opt-out of or otherwise manage such tracking technologies by yourself, through your browser settings or other sources — but please note that this may adversely affect the way you experience our services.
Our service is not intended to be used by children, and we do not knowingly collect personal information from children except in compliance with applicable law.
We will communicate with you via email. The sitebuilder intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time. If you do not want to receive marketing and promotional e-mails from us in the future, please let us know by sending us an e-mail to support@tech-toolbox.net or follow the unsubscribe instructions that are included in each email communication.
This will not prevent us from sending you operational, account related or other non-marketing emails. If you wish to no longer receive these emails please deactivate your account by emailing customer support at support@tech-toolbox.net.
You agree that we or our partners may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us or using the “unsubscribe” options provided by us.
If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us (either yours or your Users-of-Users’), or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, feel free to send us an e-mail to support@tech-toolbox.net or mail your request to 2574 15th Avenue, San Francisco, CA 94127, USA, and we will respond within a reasonable timeframe and in accordance with any applicable law. Please note that you will be asked to verify your identity in order to ensure that an unauthorized person is not attempting to exploit your rights in order to access your data.
You have the right to access your personal information. If your personally identifiable information changes, or if you no longer desire our service, you may update your profile or delete it by emailing our Customer Support at support@tech-toolbox.net. If you would like your personal data permanently deleted, please email support@tech-toolbox.net.
You may request to access or correct the personal information you have stored with us, by sending us an e-mail or letter. You may also correct, update or remove certain information, or deactivate your account, through your account or website settings. We will respond to your request within 30 days. Proof of identity will be required for your protection and ours.
We retain your Personal Information (as well as your Users-of-Users Information) as needed to provide you with our Services.
We may continue to retain such Personal Information even after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. For permanent deletion of your data please email support@tech-toolbox.net.
We may keep your information for as long needed (for example, if we are legally obligated to keep it further, or need it to protect our interests). You have the right to request permanent deletion of your data, which can be done by emailing support@tech-toolbox.net.
The sitebuilder has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to all areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.
However — regardless of the measures and efforts taken by the sitebuilder, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Information or any other User Content you upload, publish or otherwise share with the sitebuilder or anyone else.
We therefore encourage you to set strong passwords for your User Account and User Website, and avoid providing us with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm. Furthermore, e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods.
Users publishing websites to a free subdomain or a custom domain, will be provided with DDoS protection and DNS management capabilities. The sitebuilder uses CloudFlare to provide DDoS protection and DNS services for the Toolset, Site and customer websites. A copy of CloudFlare’s privacy policy is available here.
We use reasonable efforts to prevent unauthorized release of or access to your personal data. However, we cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If the sitebuilder learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The sitebuilder may also post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, you should notify us at privacy@tech-toolbox.net.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). Credit card details are stored in our Payment Gateway’s highly secure Payment Vault that is fully compliant with the Payment Card Industry’s Data Security Standards.
If you have any questions regarding the security of our Services, you are more than welcome to contact us at privacy@tech-toolbox.net.
We are committed to securing your personal information, and use various security measures to better protect it.
However, as we can’t guarantee absolute protection — we encourage you to be careful, set a strong password for your account, and avoid submitting any sensitive information which, if exposed, could cause you major harm.
Our Services offer publicly accessible blogs, communities and support forums. Be aware that any information you provide in any such areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blogs, communities or forums, feel free to contact us at: privacy@tech-toolbox.net. In some cases, we may not be able to remove your Personal Information from such areas. For example, if you use a third party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you will need to login into such application or contact its provider if you want to have the Personal Information you posted through it removed.
In any event, we recommend that you do not post any information (or use any posting means to post information) you would not want to be made public on these areas.
If you upload any User Content to your User Account or post it on your User Website and provide it in any other way as part of the use of any Service, you do so at your own risk.
We cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you or we may have placed on your User Website (including, for instance, password-protected areas on your User Website). You understand and acknowledge that, even after its removal by you or us, copies of User Content may remain viewable in cached and archived pages or if any third parties (including any of your Users-of-Users) have copied or stored such User Content. Again, we recommend that you do not upload or post any information you would not want to be publicly available.
Please avoid posting any information to any of the public areas on our Services, or to your own website, if you don’t want it to become publicly available.
Your use of any of our Services, and any disputes arising from it, is subject to this Privacy Policy.
This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the State of California in the USA.
The sitebuilder may amend this Policy from time to time to remain consistent with the requirements of applicable legislation and the EU–US and Swiss–US Privacy Shield programs. We will post any revised policy on this Site, and we will provide email and/or other notifications of any substantial changes. Your use of the Site after the revised Policy has been posted will constitute your consent to such revised Policy. If you are concerned about how your personal information is used, e-mail us at support@tech-toolbox.net. This will not prevent the sitebuilder from using your personal information for the specific purposes for which it was collected.
Our Postal Address is:
2574 15th Avenue, San Francisco, CA 94127
We can be reached via e-mail at support@tech-toolbox.net.
Any heading, caption or section title contained herein, and any explanation or summary under the right “The Short Version” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
If a translated (non-English) version of this Privacy Policy conflicts in any way with its English version, the provisions of the English version shall prevail.
This policy shall be governed by the laws of the the State of California in the USA.
Any disputes between us may only be brought before the courts of the State of California in the USA. We may change this policy at any time. We will notify you of any material changes. Only the left column is legally binding (this column is just for clarity).
If you have any questions about this Privacy Policy, please contact us at support@solutionbranding.com.
Need help? Call us at (212) 730-1900
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