Terms of Use

Your Agreement with Toolgether

  • Toolgether.com is a website operated by Eastar Technologies Inc (Toolgether). These Terms of Service apply to all users of toolgether.com, all embedding websites of tools hosted on Toolgether, and all users of embedded tools hosted on Toolgether.
  • By using or embedding any of the services mentioned above, you understand, agree, and accept the Terms.
  • You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
  • Toolgether may change or modify any terms with or without prior notice.

Your Account and Use of the Service

  • You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Toolgether immediately.
  • Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
  • You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means, unless you have been specifically allowed to do so in a separate agreement, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

Prohibitted Content and Actions

  • Programs with the following content are strictly prohibitted on Toolgether
    Content that infringes a third party's rights (e.g., copyright) according to applicable law;
    Pornographic, obscene or excessively profane content;
    Hate-related or violent content;
    Content advocating racial or ethnic intolerance;
    Content intended to advocate or advance computer hacking or cracking;
    Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
    Drug paraphernalia;
    Phishing;
    Malicious content;
    Pages comprised primarily of advertising;
    Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights
  • The following actions are strictly prohibitted
    Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to: sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any web property (including Toolgether) to find email addresses or other user account information; sending unauthorized mail via open, third-party servers; sending emails to users who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
    Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
    Conduct or forward pyramid schemes and the like;
    Transmit content that may be harmful to minors;
    Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
    Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
    Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
    Promote or encourage illegal activity;
    Interfere with other users' enjoyment of the Service;
    Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
    Modify, adapt, translate, or reverse engineer any portion of the Service;
    Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
    Reformat or frame any portion of the web pages that are part of the Service's Administration Console;
    Use the Service in connection with illegal peer-to-peer file sharing;
    Display any content on the Service (including but not limited to the customizable login page) that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
    Modify the Toolgether logo or any other Toolgether Brand Features without specific agreement from Toolgether.

Privacy Policies

  • Similar to other web services, Toolgether records information such as account activity (e.g., storage usage, number of log-ins, actions taken), data displayed or clicked on (e.g., UI elements, links), and other log information (e.g., browser type, IP address, date and time of access, cookie ID, referrer URL).
  • Similar to other web services, Toolgether records usages of any tool hosted on Toolgether. Recorded information includes but not limited to, user input, user ip, username.
  • You agree that you will protect the privacy and legal rights of the users of your application. You must keep only to yourself any user data you collected from your program, including but not limited to information mentioned in 4.2.
  • If the user provides you with Toolgether Account information, you may only use that information to access the user's Toolgether Account when, and for the limited purposes for which, the user has given you permission to do so.

Fees for Use of the Service

  • Toolgether may change its fees and payment policies for the Service with thirty (30) days prior notice. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason and any collection expenses (including attorneys' fees) incurred by Toolgether will be included in the amount owed.

Content in the Service and Take Down Obligations

  • You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the Service and any source code written by you to be used with the Service (collectively, the "Application").
  • Toolgether reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Program Policies, including pursuant to a take down request from Toolgether. In the event that you elect not to comply with a request from Toolgether to take down certain Content, Toolgether reserves the right to directly take down such Content or to disable the Application.
  • You agree that you are solely responsible for (and that Toolgether has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Toolgether may suffer) by doing so.
  • You agree that Toolgether has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any Content.

Proprietary Rights

  • You acknowledge and agree that Toolgether (or Toolgether's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

License from Toolgether and Restrictions

  • You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Toolgether web site or software.
  • Use, reproduction and distribution of components of the Service released under an open source software license are governed solely by the terms of that open source software license.

License from You

  • By creating a tool on Toolgether, you give Toolgether the worldwide distribution right of your tool. Toolgether is free to distribute your tool to any partner or Toolgether user by either allowing them to use your tool or by allowing them to embed your tool on their own web sites. You give Toolgether a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Toolgether to provide you with the Service in accordance with its privacy policy.
  • You agree that Toolgether, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.

Modification and Termination of the Service

  • Toolgether is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Toolgether provides may change from time to time without prior notice to you.
  • Toolgether may, at any time, terminate your use of the Service if (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) or (B) Toolgether is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful). Further, Toolgether may terminate your use of the Service for any reason with thirty thirty(30) days prior written notice.

Embedding Tools from Toolgether

  • By embedding any tool hosted on Toolgether, you agree to all the terms.
  • Unless written otherwise, you may not remove or modify the Toolgether logo, embed code, or any content, commercial or not, that comes with the tool you embed.

Exclusion of Warranties and Limitation of Liability

  • You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available".
  • You expressly understand and agre that Toolgether, its affliates and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under and theory of liability. This shall include, but not be limited to, any loss of profit (thetherf incurred directly or indirectly), any loss of goodwill or business reputation, and loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
  • The limitations on Toolgether's liability to you shall apply whether or not Toolgether has been advised of or should have been aware of the possibility of any such losses arising.

Indemnification

  • You agree to hold harmless and indemnify Toolgether, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Toolgether and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Toolgether will provide you with written notice of such claim, suit or action.

Other Content

  • The Services may include hyperlinks to other web sites or content or resources or email content. Toolgether may have no control over any web sites or resources which are provided by companies or persons other than Toolgether.
  • You acknowledge and agree that Toolgether is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  • You acknowledge and agree that Toolgether is not liable for any loss or damage which may be incurred by you or users of your Application as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms

  • Toolgether may make changes to the Terms from time to time. If you choose to not accept the updated terms, you need to either notify Toolgether in writing or terminate the service within thirty (30) days.