Tooldle.com ("Tooldle"), owned and operated by Tov Solutions Inc. ("Tov Solutions"), is provided to you ("Member") under the terms and conditions of this Tooldle Terms of Service ("TOS") and any operating rules or policies that may be published by Tov Solutions. The TOS comprises the entire agreement between Member and Tov Solutions and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
Tov Solutions may change the terms and conditions of the TOS from time to time. Upon major changes in the terms and conditions of the TOS, Tov Solutions will notify you by email or posting the changes as a start-up screen upon your login. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the TOS will be posted to Tooldle News at http://www.tooldle.com.
Your continued use of the Service constitutes an affirmative: (1) you are acknowledged of the TOS and TOS modifications; and (2) you agree abide and be bound by the TOS and TOS modifications.
Tooldle allow users to to install dynamic functions, such as email form, guest book, dynamic text and image, to a web page ("the Service"). The Service can be subscribed for a fee and we will clearly explain all fees and billing terms and ask for your approval prior to implementation of the Service. The Service involve realtime website publishing, therefore you must have your own access to a computer and a modem, necessary to establish a connection to the World Wide Web.
We also require you to provide us with information such as FTP login user id and password. Such information will be encrypted and stored on our secured server and will only be accessed by authorized staff.
Tov Solutions reserves the right to modify or discontinue the Service with or without notice to Member. Tov Solutions shall not be liable to Member or any third party should Tov Solutions exercise TOS right to modify or discontinue the Service.
In order to use the Service, you must register a Tooldle Member Account. During registration you will be asked to give certain contact information (like name and email address) Privacy Policy for further information. We use such contact information (mostly email address) to communicate with you about your account and send you informations on improvements, new features, or important changes in our services.
If you wish to remove your information from our database or to terminate your Member account, you must send us a request email us to inquiry@tooldle.com or through the Help Desk (http://www.tooldle.com/HelpDesk)
You are solely responsible for the contents of your transmissions through the Service and are subject to all applicable local, provincial, national and international laws and regulations.
By registering a Member Account, you agree: (1) to comply with Canadian law regarding the transmission of technical data exported from Canada through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Tooldle makes use of the Internet to send and receive certain messages and data; therefore, your conduct is subject to Internet regulations, policies and procedures.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tov Solutions, are entirely responsible for all Content that you upload, publish or otherwise transmit via the Service. Tov Solutions does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You are not allowed to use the Tooldle for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You are not allowed to use Tooldle to or on website that transmit, share, store, or display:
1. any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
2. any Content that encourages conduct that could constitute a criminal offense, give rise to civil liability, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals or otherwise violate any applicable local, state, national or international law or regulation.
3. any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
4. any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
5. any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. intentionally or unintentionally violate any applicable local, state/provincial, national or international law and any regulations having the force of law.
7. any pornography, sexual material and anything illegal, bigotry, racism, hatred, profanity, mail fraud, pyramid schemes, or any material which may be insulting to another person(s) or company, or depicts the exploitation of minors (children under 18 years of age).
8. any Content that promote any adult services such as escort services or paid-companionship services.
9. any Content that promote online gambling services of any nature.
Material in Tooldle Member Accounts must be appropriately and legally viewed and used by all ages. Tooldle may not be used on websites that requires visitors to be 18 years old or older to view or join or access.
Tov Solutions retains the right, at Tov Solutions's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
Attempts to gain unauthorized access to other computer systems are prohibited.
Unless stated otherwise for specific services, you will retain copyright ownership and all related rights for information you publish through Tooldle or otherwise enters into Tooldle-related services.
During registration of a Tooldle Member Account, you will be asked to choose a password and an account ID. You are entirely responsible if you do not maintain the confidentiality of your password and account ID. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time at the Member area by clicking "edit profile"; you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify Tov Solutions of any unauthorized use of Member's account or any other breach of security known to Member.
Tov Solutions assumes no responsibility for the deletion or failure to store information entered into Tooldle.
Some of the Tooldle services has a fixed upper limit on data Member may send or receive through the service or the amount of storage spaced used, others has no explicit upper limit; however, Tov Solutions retains the right, at Tov Solutions's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
Tooldle can remove any Content from the database, without prior notice, if we find it unsuitable for the public; in such case, the payment is not refundable. We can remove a Member Account and all related information and data if the account is expired for 90 days. We can deny membership if we see the need.
Tov Solutions, in its sole discretion, may terminate your password, use of the Service or use of any other Tov Solutions service, and remove and discard any Content within the Service, for any reason, including, without limitation, or if Tov Solutions believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Tov Solutions may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Tov Solutions may immediately deactivate or delete your Member Account and all related information and files in your Member Account and/or bar any further access to such files or the Service. Further, you agree that Tov Solutions shall not be liable to you or any third-party for any termination of your access to the Service.
Most of the Service involves copy-and-paste code, you are not allowed to change or modify our original code in any manner and/or use it any way that is outside of the Tooldle Service.
You are not allowed to sell the Service, without the express consent of Tov Solutions; however, you may set up a website with Tooldle for client and charge for your time.
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Tov Solutions, you are not allowed to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Tov Solutions , is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service.
Payments: If you are purchasing one of our various Web Tools we will accept VISA and Mastercard payments. The Service will be automatically activated within your account when purchasing using these methods.
We also accept International Money Orders and Checks made out to Tooldle Web Services, in US Dollars only. Services purchased through these 2 methods will be activated in your member account once payment has been received and successfully processed.
All Tooldle services are non-refundable
IMPORTANT NOTE: All prices quoted on the Tooldle Web Services web site are in US dollars.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
You agree to indemnify and hold Tov Solutions, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your the violation of this TOS, or the infringement by you, or other user of the Service using any Tooldle Member Account, of any intellectual property or other right of any person or entity.
YOU EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TOV SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOV SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
TOV SOLUTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TOV SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This agreement shall be deemed to have been made in the Province of British Columbia, Canada and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the Province of British Columbia without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the Province of British Columbia unless the said action is for the purpose of enforcing a Judgment already obtained in the Province of British Columbia.
Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above Warranties and Limitation.
The TOS constitute the entire agreement between you and Tov Solutions and govern your use of the Service, superceding any prior agreements between you and Tov Solutions (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Tov Solutions services, third-party content or third-party software. The TOS and the relationship between you and Tov Solutions shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You and Tov Solutions agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia. The failure of Tov Solutions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS via the Tooldle Help Desk home page.