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Terms of Service

The following terms of service was adapted from the Creative Commons terms of serice of the awesome Automattic makers of WordPress.

The gist:

We (the folks at HyperFoo) run a service called Tooob.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over your content as well as empower you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your content or get linked to from your posts (things like spam, viruses, or hate content).

You can browse the site to get a sense of the types of content that are welcome on our service (or not!). If you find content on Tooob™ that you believe violates our terms of service, please email us:tos@tooob.com.

Creative Commons License (Note, Automattic’ decided to make the below Terms of Service available under a Creative Commons Sharealike license which Tooob™ adapted. This means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want Automattic would appreciate a link to it's website and we at Tooob™ wouldn't mind it either. Automattic spent a lot of money and time on the below and Tooob™ spent some time adapting it, and other people shouldn’t need to do the same.)

Terms of Service:

The following terms and conditions govern all use of the Tooob.com website and all content, services and products available at or through the website, including, but not limited to, the Tooob.com premium services, (taken together, the Website). The Website is owned and operated by HyperFoo, Inc. ("HyperFoo™"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HyperFoo's Privacy Policy) and procedures that may be published from time to time on this Site by HyperFoo (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HyperFoo, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Tooob.com Account and Content. If you create content on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content. You must not describe or assign keywords to your content on Tooob™ in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HyperFoo™ may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HyperFoo liability. You must immediately notify HyperFoo of any unauthorized uses of your content, your account or any other breaches of security. HyperFoo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors.If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HyperFoo™ or otherwise.

    By submitting Content to Hyperfoo™ or making a copy of any Content on HyperFoo™ for inclusion in your Tooob™ account, you acknowledge that you have the right and indeed do grant Hyperfoo™ a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account on Tooob™. If you delete Content, Hyperfoo™ will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Hyperfoo™ has the right (though not the obligation) to, in Hyperfoo™'s sole discretion (i) refuse, make private or remove any content that, in Hyperfoo™'s reasonable opinion, violates any Hyperfoo™ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Hyperfoo™'s sole discretion. Hyperfoo™ will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      Optional paid services such as extra storage, domain purchases, or other premium services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Hyperfoo™ the monthly or annual subscription fees indicated for that service (additional payment terms specifically for VIP services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
    • Automatic Renewal.
      Unless you notify Hyperfoo™ before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
  4. Premium Services.
    • Fees; Payment. By signing up for a Premium Services account you agree to pay Hyperfoo™ the setup fees and monthly fees indicated at Premium Services in exchange for the services listed at Premium Services. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. Hyperfoo™ reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime on 30 days written notice to Hyperfoo™.
    • Support. Premium Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Hyperfoo™ to respond within one business day) concerning the use of the Premium Services. "Priority" means that support for Premium Services customers takes priority over support for users of the standard, free Tooob.com services. All Premium Services support will be provided in accordance with Hyperfoo™ standard Premium Services practices, procedures and policies.
  5. Responsibility of Website Visitors. Hyperfoo™ has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Hyperfoo™ does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Hyperfoo™ disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Tooob.com links, and that link to Tooob.com. Hyperfoo™ does not have any control over those non-Tooob websites and webpages, and is not responsible for their contents or their use. By linking to a non-Tooob website or webpage, Hyperfoo™ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Hyperfoo™ disclaims any responsibility for any harm resulting from your use of non-Tooob websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Hyperfoo™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tooob.com violates your copyright, you are encouraged to notify Hyperfoo™ in accordance with Hyperfoo™'s Digital Millennium Copyright Act (“DMCA”) Policy. Hyperfoo™ will respond to all such notices, including as required or appropriate by removing the infringing material, disabling access to the infringing material, or disabling all links to the infringing material. Hyperfoo™ may terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hyperfoo™ or others. In the case of such termination, Hyperfoo™ will have no obligation to provide a refund of any amounts previously paid to Hyperfoo™.
  8. Intellectual Property. This Agreement does not transfer from Hyperfoo™ to you any Hyperfoo™ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Hyperfoo™. Hyperfoo™, Tooob, Tooob.com, the Tooob.com logo, and all other trademarks, service marks, graphics and logos used in connection with Tooob.com, or the Website are trademarks or registered trademarks of Hyperfoo™ or Hyperfoo™'s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Hyperfoo™ or third-party trademarks.
  9. Advertisements and Affiliate Links. Unless you have purchased an Ad-free Upgrade or a Premium Services account, Hyperfoo™ reserves the right to display advertisements on any page in the Website, embedded in any Content on the Website as well as replace links for the purpose of displaying advertisements or for the use of affiliate marketing.
  10. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  11. Changes. Hyperfoo™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hyperfoo™ may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  12. Termination. Hyperfoo™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tooob.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have Premium Services account, such account can only be terminated by Hyperfoo™ if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Hyperfoo™'s notice to you thereof; provided that, Hyperfoo™ can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  13. Disclaimer of Warranties. The Website is provided “as is”. Hyperfoo™ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hyperfoo™ nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  14. Limitation of Liability. In no event will Hyperfoo™, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hyperfoo™ under this agreement during the twelve (12) month period prior to the cause of action. Hyperfoo™ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Hyperfoo™ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  16. Indemnification. You agree to indemnify and hold harmless Hyperfoo™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  17. Miscellaneous. This Agreement constitutes the entire agreement between Hyperfoo™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hyperfoo™, or by the posting by Hyperfoo™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hyperfoo™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.