The following terms and conditions (the “Terms and Conditions”) govern your use of this website or application provided to you by The Tool Wise or one of its subsidiaries, and any content, services, products, features, or functionality made available from or through this web site, including any subdomains thereof, or application (the “Web Site”). The Web Site is made available by The Tool Wise or its subsidiaries (“we” or “us” or “our”), each of which has adopted these Terms and Conditions with regard to the Web Site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
1. Proprietary Rights
As between you and us, we own, solely and exclusively, all rights, title,s and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant you ownership of any content, code, data, or materials you may access on or through the Web Site.
2. Limited License
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
3. Web Site Access
The Tool Wise hereby grants you permission to use the Web Site as set forth in these Terms and Conditions, provided that:
In order to access some features of the Web Site, you may have to create an account. You may never use another’s account without permission, or allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account passwords secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to us for the losses of The Tool Wise or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Web Site in a manner that sends more request messages to The Tool Wise servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Tool Wise grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the Web Site’s materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site.
4. Trademarks
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
5. Copyright
All design, text, graphics, logos, button icons, images, audio, and video clips, the selection and arrangement thereof, and all software on the Web Site is owned by or licensed to The Tool Wise, or The Tool Wise believes it has a “fair use” right to use, all subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement, and assembly) of all content on the Web Site is the exclusive property of The Tool Wise and protected by the U.S. and international copyright laws. All software used on the Web Site is the property of The Tool Wise or its software suppliers and is protected by the U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Web Site for the sole purpose of using the Web Site as a resource.
Any other use of materials on the Web Site including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of The Tool Wise, is strictly prohibited. The Tool Wise reserves all rights not expressly granted in and to the Web Site and Web Site’s materials and content. If you download or print a copy of the Web Site’s materials or content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict the use or copying of any materials or content or enforce limitations on use of the Web Site or the materials or content herein.
6. User Information
In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
7. Linking to the Web Site
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other website at any time upon written notice to you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This indemnification obligation will survive any termination of these Terms and Conditions and your use of the Web Site.
8. Third-Party Web Sites
You may be able to link from the Web Site to third-party websites and third-party websites may link to the Web Site (together, “Third Party Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Third Party Sites, even if they are owned or run by affiliates of ours. Links to Third Party Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. The Tool Wise disclaims any liability for links (1) from another website to this Web Site and (2) to another website from this Web Site. The Tool Wise cannot guarantee the standards of any website to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.
Also, we are not responsible for any form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms and Conditions do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. We have no control over and assume no responsibility for, the products, services, content, functionality, representations, warranties, privacy policies, or practices of any Third Party Sites. In addition, we will not and cannot censor or edit the content of any Third Party Sites. By using the Web Site, you expressly release The Tool Wise from any and all liability arising from your use of any Third Party Sites. Accordingly, we encourage you to be aware when you leave the Web Site and to read the terms and conditions and privacy policy of each other Third Party Site that you visit.
9. Copyright Agent
The Tool Wise respects the intellectual property rights of others and expects its users to do the same. It is Camden Media’s policy, in appropriate circumstances and at its sole and absolute discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may file a notification of copyright infringement taking place on or through the Web Site as set forth below. The Tool Wise will take whatever action it deems appropriate (in its sole and absolute discretion), which may include the removal of the challenged material from the Web Site.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
The Tool Wise
123 Fifth Avenue, NY 10160, New York, USA
Email: info@thetoolwise.com