Terms of Service

 

This Terms of Service (“Terms” or “Agreement”) is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“you”) and Besttoolbars regarding your use of the Besttoolbars Site. All references to “us,” “our” and “Besttoolbars” in this Agreement are intended to refer to Toolbarstudio, Inc. and its affiliate entities.

The services hereunder are offered by Besttoolbars located at: 901 N. Pitt Street, Suite 325, Alexandria, VA 22314, USA and email: support@besttoolbars.net

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR THE BESTTOOLBARS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE BESTTOOLBARS SITE.

Privacy Notice. Your privacy is important to Besttoolbars. Besttoolbars’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Individual Features and Services. When using Besttoolbars, you may be subject to any additional posted guidelines or rules including, but not limited to, the notices which are applicable to specific activities and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

Modification of these Terms. Besttoolbars reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Besttoolbars Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Besttoolbars Site. You can review the most current version of the Terms at any time at: http://www.desktopify.com/tos/.

Limitations.

Prohibited Conduct. VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN BESTTOOLBARS’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE BESTTOOLBARS PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE BESTTOOLBARS SITE, YOU UNDERSTAND AND AGREE THAT BESTTOOLBARS CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE BESTTOOLBARS SITE YOU AGREE NOT TO:

  • “stalk”, harass, threaten, or defraud other users;
  • send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;
  • make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;
  • transmit any worms or viruses or any code of a destructive nature through the Besttoolbars Sites or any Widgets posted thereon;
  • impersonate another person or access another user’s account without permission;
  • share Besttoolbars-issued passwords with a third party or encourage another user to do so;
  • misrepresent the source, identity, or content of information transmitted via the Besttoolbars Site, for example, claiming a created work as your own that is not yours;
  • use the Besttoolbars Site for any illegal or unlawful purpose;
  • interfere with any security-related features of the Besttoolbars Site or otherwise attempt to gain unauthorized access to the Besttoolbars Site, or any part of them, other accounts, computer systems or networks connected to the Besttoolbars Site, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Besttoolbars Site or any activities conducted on the Besttoolbars Site;
  • intentionally interfere with the operation of the Besttoolbars Site or any user’s enjoyment of it;
  • post inflammatory statements to get responses;
  • use the Besttoolbars Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Besttoolbars Site; or

Eligibility; Account Information. THE BESTTOOLBARS SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE BESTTOOLBARS SITE BY BESTTOOLBARS. You agree that the information you provide to Besttoolbars on registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times and that you will be the sole user of your login identification.

User Name. When you register as a user you will be asked to provide a user name. You agree that Besttoolbars user names are the property of Besttoolbars, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a Besttoolbars user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.

Password. When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all content posted and activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Besttoolbars. You may be liable for the losses incurred by Besttoolbars or others due to any unauthorized use of your account.

Ownership; Proprietary Rights. The Besttoolbars Site is owned and operated by Besttoolbars. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Besttoolbars Site provided by Besttoolbars, including without limitation any artwork, visual art and any combination thereof (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Provided Information and Widgets (each as defined below), which are owned by users, all Materials contained on the Besttoolbars Site are the property of Besttoolbars or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Besttoolbars or its affiliates and/or third-party licensors. Except as expressly authorized by Besttoolbars, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Fees. Besttoolbars does not charge a fee to access the Site or our basic subscriber Services. Besttoolbars reserves the right to, at its sole discretion, display advertisements in Widgets and on the Besttoolbars Site when using our basic subscriber Services with no compensation to You.

Technical Processing. You understand that any technical processing and transmission through the Widgets, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

User Provided Information.

Definition of User Provided Information; Ownership. Besttoolbars may now or in the future permit the posting of comments or other information about particular Widgets or the Besttoolbars Site in general through the Besttoolbars Site (“User Provided Information”), and the hosting, sharing, display and/or analysis of such User Provided Information. You understand that whether or not such User Provided Information is displayed, Besttoolbars does not guarantee any confidentiality with respect to any User Provided Information. Users retain all right, title, and interest in and to all of their respective User Provided Information.

License Grant to Besttoolbars. By submitting User Provided Information to Besttoolbars Site, you hereby grant to Besttoolbars a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to use, display, reproduce, distribute and analyze your User Provided Information within the Besttoolbars Site in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Besttoolbars Site and improving the way the Besttoolbars Site work and look, and to create new features and functionality.

Limited License Grant to other Besttoolbars Users. By submitting User Provided Information to Besttoolbars Site, you hereby grant to all users of the Besttoolbars Site a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such users to use the relevant Besttoolbars Site functionality or features.

License Termination. The foregoing licenses granted by you terminate as to specific User Provided Information once you remove or delete such User Provided Information from the Besttoolbars Site; except for Besttoolbars’s right to use such information in aggregate form to improve the way the Besttoolbars Site work and look, and to create new features and functionality.

Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Besttoolbars and Besttoolbars’s users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section  REF _Ref178477784 \r \h 9, and otherwise in the manner contemplated by Besttoolbars and these Terms.

User Provided Information Representations. In connection with User Provided Information, you further agree that you will not: (i) submit material that is copyrighted, protected by patents or trade secrets or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the information and to grant Besttoolbars all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Besttoolbars or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.  

User Provided Information Disclaimer. You understand that when using Besttoolbars Site you will be exposed to User Provided Information from a variety of sources, and that Besttoolbars is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Besttoolbars with respect thereto, and agree to indemnify and hold Besttoolbars, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. Besttoolbars does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and Besttoolbars expressly disclaims any and all liability in connection with User Provided Information. If notified by a user or a content owner of User Provided Information that allegedly does not conform to these Terms, Besttoolbars may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. SOOFTOMATE DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE BESTTOOLBARS SITE.

DMCA Notifications.  It is Besttoolbars’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Besttoolbars will promptly terminate without notice any user's access to the Besttoolbars Site, if that user is determined to be a “repeat infringer.”  A repeat infringer is a user who has been notified by Besttoolbars of infringing activity violations more than twice and/or who has had content removed from the Besttoolbars Site more than twice.

Third-Party Sites, Products and Services; Links

The Besttoolbars Site may include links to other web sites or services solely as a convenience to users (“linked sites”). Besttoolbars does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Besttoolbars makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Besttoolbars Site are solely between you and such advertiser. YOU AGREE THAT BESTTOOLBARS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE BESTTOOLBARS SITE.

Termination By Besttoolbars.

For Violations; Termination.  You agree that Besttoolbars, in its sole discretion and for any or no reason, may suspend or terminate any account (or any part thereof) you may have with Besttoolbars or your use of the Besttoolbars Site and remove and discard all or any part of your account, any User Provided Information, at any time. Besttoolbars may also in its sole discretion and at any time discontinue providing access to the Besttoolbars Site, or any part thereof, with or without notice. You agree that any termination of your access to the Besttoolbars Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Besttoolbars shall not be liable to you or any third party for any such termination, or for any price change, suspension or modification of service. As discussed herein, Besttoolbars does not permit copyright infringing activities on the Besttoolbars Site, and reserves the right to terminate access to the Besttoolbars Site, and remove all content submitted, by any users who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Besttoolbars Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Besttoolbars may have at law or in equity.  

Disclaimers; No Warranties. THE BESTTOOLBARS SITE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO WIDGETS, APIS AND USER PROVIDED INFORMATOIN, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BESTTOOLBARS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT SUPPORT OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BESTTOOLBARS, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

BESTTOOLBARS, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BESTTOOLBARS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BESTTOOLBARS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BESTTOOLBARS, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BESTTOOLBARS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BESTTOOLBARS NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BESTTOOLBARS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

BESTTOOLBARS TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS BESTTOOLBARS SITE OR ON WIDGETS DEVELOPED BY THIRD PARTY DEVELOPERS OR BESTTOOLBARS THAT ARE AGGREGATED ON THE BESTTOOLBARS SITE, THROUGH THE BESTTOOLBARS SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS.

CERTAIN STATE LAWS DO 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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless. You agree to indemnify, save, and hold Besttoolbars, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of the Besttoolbars Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Besttoolbars reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Besttoolbars, and you agree to cooperate with Besttoolbars’s defense of these claims.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BESTTOOLBARS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE BESTTOOLBARS SITE, OR ANY OTHER INTERACTIONS WITH BESTTOOLBARS, EVEN IF BESTTOOLBARS OR A BESTTOOLBARS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BESTTOOLBARS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL BESTTOOLBARS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BESTTOOLBARS SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER BESTTOOLBARS SITE USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BESTTOOLBARS SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BESTTOOLBARS AND RECEIVED THROUGH OR ADVERTISED ON BESTTOOLBARS OR RECEIVED THROUGH ANY LINKS PROVIDED ON BESTTOOLBARS. 

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