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Understanding Our Agreement: Our Terms of Service Policy

Terms of Service

Please read these Terms of Service ("Terms") carefully before using our website.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services.

Account

You must be at least 13 years old to register for an account, and if you are under the age of 18 you must have parental permission to register for any paid Creator subscriptions or to receive pledges from Subscribers as a Creator. When you register for an account you must provide us with true, accurate and complete information, and you agree to keep that information true, accurate and complete, failing which we will have the right to suspend or terminate your account.

You can permanently disable or have your account deleted at any time by contacting us. If you chose to have your account disabled, you can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

We can terminate or suspend your account at any time at our discretion. We can also cancel any pledges and remove any content or rewards at our discretion.

These terms remain in effect after your account is disabled.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. If you believe your account has been compromised, contact us immediately.

Toolnexus cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Communication Preferences

By using the service, you consent to receiving electronic communications from Toolnexus relating to your account. Such communications shall include, without limitation, sending emails to your personal email address, posting communications on the website or in your account page on the website to communicate the following, without limitation: payment authorizations, payment method, changes of password, confirmation e-mails, and other transactional information, newsletters, special offers, promotional announcements and customer surveys. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal notice requirements, in writing or otherwise.

Conduct and Content Guidelines

Subscribers are responsible for all activity on their accounts and for the Content that they post. Your activity is subject to the following guidelines. If you don’t follow the guidelines, we may terminate your account.

Toolnexus, including all content provided on Toolnexus, whether or not such content is provided by Toolnexus or a third-party, is protected by copyright, trade secret or other intellectual property laws and treaties. You may not use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. You agree to use the service in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content on the website. You shall not archive, download (caching excepted), reproduce, distribute, modify, display, perform, publish, license, create derivative works from or otherwise infringe on, offer for sale, or use (except as explicitly stated herein) the content and information contained on or obtained from or through the service without prior permission from Toolnexus as applicable.

Copyright Infringement Claims

It is the policy of Toolnexus to respond to claims of intellectual property infringement. Toolnexus will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. If someone on Toolnexus is using your copyright without permission, then please contact us by filling out the contact form. If your content has been removed because of a copyright notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored.

In appropriate circumstances we may terminate the accounts of repeat infringers.

Disclaimers of Warranties, Limitations on Liability and Indemnification

Toolnexus is a platform. We are not responsible for the quality, timing or legality of Content. While we try to keep the service secure using commercially reasonable efforts, cannot guarantee complete protection against piracy of Content or unauthorized access to personal information, and you hereby explicitly releases Toolnexus from any and all liability related to the copying and/or dissemination by any third party of the Content or use of your personal information.

Toolnexus cannot guarantee continuous, uninterrupted access to Toolnexus, and operation of Toolnexus may be interfered with by numerous factors outside Toolnexus’s control.

You acknowledge and agree that certain content available in the service may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions the service or Content available in the services are not guaranteed to be accurate. You agree to use the services at your own risk and, subject to applicable laws, we will have no liability to you for any content that you find offensive.

Toolnexus makes no representations or warranties about the quality of your watching experience on your display. We do not take responsibility or otherwise warrant the performance of any electronic devices, including the continuing compatibility with your device. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with Toolnexus.

Subject to applicable law, in no event shall Toolnexus, its parents, officers, directors, employees, agents, contractors, licensors, or their respective successors and assigns (collectively, the "Toolnexus-related parties”), be liable for any damages of any kind, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if a Toolnexus-related party knew of or ought to have known of the possibility of such damages.

In no event shall Toolnexus-related parties’ aggregate and collective liability to you or any third party respecting any matter arising from, relating to or connected with the website, the service or these Terms of Use, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceed the total amounts that you have paid to Toolnexus, if any, even if a Toolnexus-related party has been advised or ought to have known of the possibility of such damages.

In no event shall any Toolnexus-related party be liable for any loss or damage arising from the failure of a Toolnexus-related party or your failure to protect your username, password or account information.

Toolnexus-related parties expressly disclaim any and all liability for the acts, omissions or conduct of any third-party user, service provider, advertiser or sponsor of the website or the service (collectively, "third party users”). Under no circumstances shall any Toolnexus-related party be liable for any injury, loss, damage (including special, indirect, incidental, consequential, exemplary and punitive damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any site or service linked to or from the website or the service. If you decide to access or use any linked site or content, materials, software, goods or services from a web site linked to the website, you do so entirely at your own risk.

You hereby release each Toolnexus-related party from any damages that you incur, and agree not to assert any claims against them, arising from your, purchase, license or use of any third-party goods, services, software or content made available through the website or the service or linked to the website or service.

Note: the laws of certain jurisdictions may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

You agree to indemnify, defend and hold harmless Toolnexus-related parties from and against any and all loss, liability (including settlements and judgments) or expense (including reasonable attorneys’ fees and expenses and court costs) arising out of: (a) any breach by you of any provision of these Terms of Use and/or any representation or warranty set out herein; and (b) any cost or expense incurred by us in the enforcement of this section. Toolnexus will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Toolnexus-related party that you are bound to defend pursuant to the foregoing.

Dispute Resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms of use or related to your use of the service, and it cannot be resolved by way of a discussion between us, the matter of the dispute shall be resolved by way of binding arbitration in California in accordance with the California Arbitration Act. The costs of such arbitration shall be borne by the losing party. This section does not prohibit you from bringing any claims you may have against us to the attention of any federal, state, or local government agencies, and such agencies may be able to seek relief on your behalf.

Severability

If any provision of these terms of use is held to be unenforceable, such decision shall not affect the validity or enforceability of any other provision of this Agreement. Any provision of these terms of use held invalid or unenforceable shall, to the extent practicable, be substituted with a valid and enforceable provision that achieves the results contemplated by the parties in the original provision.