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TERMS OF SERVICE
1. TERMS AND DEFINITIONS
1.1 In these Terms of Service, the following terms shall have the following meanings:
1.1.1 "Account" shall mean an account provided by the Services.
1.1.2 "Changes" shall mean any modification, amendment or replacement.
1.1.3 "Content" shall mean any information, text, graphics, photos or other material.
1.1.4 "Operator" shall mean Glueo, s.r.o., a limited liability company incorporated under the laws of the Czech Republic, with its registered office at Rybná 716/24, Staré Město, Prague 1, Postal Code 110 00, identification No. 27916626, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 126330; or any of its legal successors.
1.1.5 "Privacy Policy" shall mean terms and conditions regulating protection of your privacy available at https://www.htmlinstant.com/privacy/.
1.1.6 "Services" shall mean the features and services, now existing or later developed, that the Operator makes available, including through (i) our websites under the toggletext.com domain and it’s sub-domains; and (ii) other media and software (such as a phone application or a graphic editor plug-in).
1.1.7 "Terms of Service" shall mean these Terms of Service available at https://www.htmlinstant.com/terms/ and specific terms and conditions supplementing or amending these Terms of Service including, without limitation, the Privacy Policy.
1.1.8 "User" shall mean any company, organization or individual using the Services.
2. INTRODUCTORY PROVISIONS
2.1 The following Terms of Service regulate your access to the Services and your use of it. By accessing or using any part of the Services, you agree to become bound by these Terms of Service. The Operator reserves the right, at its sole discretion, to modify, amend or replace any part of these Terms of Service. It is your responsibility to check these Terms of Service at any time you access the Services. Your access to the Services following the Changes of any part of these Terms of Service constitutes acceptance of the Changes.
2.2 The Services are owned and operated by the Operator.
2.3 To access the Services you must be over the age of thirteen (13) years.
2.4 If you do not agree to these Terms of Service in their entirety or you do not fulfil requirements to access the Services stipulated by these Terms of Service or by the laws of your country then you may not access the Services or use any Services thereof.
3. LIMITATION OF LIABILITY
3.1 The Content of the Services, except for these Terms of Service, is not binding.
3.2 Your use of any Content of the Services is entirely at your own risk, for which the Operator shall not hold any liability. You are responsible for taking precautions as necessary to protect yourself and your computer system.
3.3 The Operator does hereby limit its liability with respect to the Services to the fullest extent permitted by the laws of the Czech Republic. The Operator shall not in any event be liable for any damage incurred to any person with respect to any using of the Services, in particular, without limitation, (i) any special, incidental or consequential damage; (ii) any costs of procurement for substitute products or services; (iii) any damage incurred by interruption of use or loss or corruption of data; (iv) any damage incurred by poor accessibility to the Services; (v) any damage incurred by hateful, threatening, pornographic content or content inciting violence, containing nudity or otherwise inappropriate; (vi) any damage incurred to or sustained by any person arising out of or in connection with any acts consisting in misusing the Services, including, without limitation, unauthorized access, use or alteration of data; (vii) any damage incurred by inaccuracies or errors of the Services; and (viii) any damage incurred by propagation carried out through the Services and the Content of websites of any person which are accessible through the Services.
4. YOUR OBLIGATIONS
4.1 Prior to using the Services, you are under the following obligations:
4.1.1 you shall do your best efforts to abide these Terms of Service interpreted in a way that a reasonable person does;
4.1.2 you shall observe, follow and not infringe the respective laws of the Czech Republic and the laws of your country, especially, without limitation, intellectual property rights;
4.1.3 you shall take your own responsibility and hold your own liability for anything that you do with respect to the Services;
4.1.4 you shall not use the Services to do anything unlawful, misleading, malicious, or discriminatory;
4.1.5 you are responsible and therefore hold liability for the Content you submit through the Services, and for any consequences thereof, including, without limitation, the use of the Content you submit by any third party. The Content you submit shall not, without limitation, (i) be hateful, threatening, pornographic, inciting violence, containing nudity, or otherwise inappropriate;(ii) contain any material for which you have not obtained all necessary licences or approvals, unless otherwise indicated herein; (iii) contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (v) contain unethical or unwanted commercial content (such as spam), or (vi) lead to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
4.1.6 you shall not bully, intimidate, or harass any person;
4.1.7 you shall not post anyone's identification documents or sensitive information through the Services;
4.1.8 you shall not engage in unlawful multi-level marketing, such as a pyramid scheme through the Services;
4.1.9 you shall not develop or operate a third party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions;
4.1.10 you shall not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial-of-service attack;
4.1.11 you shall not use information in a manner that misleads your readers into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or a company other than you are entitled to represent or through which you are entitled to act;
4.1.12 you shall indemnify the Operator and hold it harmless for any damage, losses and costs (including, without limitation, reasonable attorneys' fees and costs) caused by your failure to comply with these Terms of Service, including, without limitation, your submission of the Content that violates third party rights or applicable laws; or any activity in which you engage on or through this the Services.
4.2 The list of your obligations is only exemplary. It shall not be in any case construed as definitive. Upon the extent provided in these Terms of Service, you have other obligations specified by the laws of the Czech Republic which are not contrary to the obligations provided in these Terms of Service.
5. RIGHTS OF THE OPERATOR
5.1 The Operator has the following rights to be exercised at any time, without notification, and with immediate effect:
5.1.1 to stop (permanently or temporarily) providing the Services (or any features within the Services) to you, or other Users;
5.1.2 to temporarily or permanently disable your Account; to remove, delete, alter, amend or adjust the Content either submitted by you or other Users or the Operator himself;
5.1.3 to remove or reclaim a username;
5.1.4 to retain the right to create limits on the use and storage of the Services;
5.1.5 to amend any URL address or any domain name used in the Services; and
5.1.6 to monitor the Content for security purposes, including any posts and messages sent between the Users through the Services.
5.2 The list of the Operator's rights is only exemplary. It shall not be in any case construed as definitive. Upon the extent provided in these Terms of Service, the Operator has other rights specified by the laws of the Czech which are not contrary to the rights of the Operator provided in these Terms of Service.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All right, title and interest in and to the Services (excluding the Content provided by the Users) are and will remain the exclusive property of the Operator and its licensors.
6.2 Nothing in these Terms of Service gives you a right to use the Operator's business name or any of the Operator's trademarks, logos, domain names, and its other distinctive brand features without prior written permission of the Operator.
6.3 You are also advised that the Operator will enforce their intellectual property rights to the fullest extent permitted by the laws, including the seeking of criminal prosecution.
7. YOUR ACCOUNT
7.1 The Services enable you to create an Account through which you may submit the Content. You undertake not to provide false Account information through the Services, or create an Account for anyone other than yourself without his or her permission or for any legal entity that you are not allowed to represent.
7.2 You shall keep your contact information accurate and up-to-date.
7.3 You are solely responsible for the activity that occurs on your Account, you must keep your Account password secure and you shall not do anything that might jeopardize the security of your Account. You may never use another's Account without permission. Please note that the Content you post and share may be seen and used by other Users, and the Operator cannot guarantee that other Users will not use the ideas and information that you submit through the Services. Therefore, if you have the Content that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by your submitting it, do not submit it through the Services. The Operator is not responsible for any misuse or misappropriation of any Content you submit to through the Services.
8. NOTICES
8.1 For any communication with the Operator, you may use the following address:
Glueo, s.r.o.
Rybná 716/24, Staré Město
Prague 1
Postal Code 110 00
Czech Republic.
9. GOVERNING LAW, INTERPRETATION, DISPUTE RESOLUTION
9.1 These Terms of Service shall be governed by and construed in compliance with the laws of the Czech Republic.
9.2 Headings to clauses in these Terms of Service are for ease of reference only and do not affect the interpretation of these Terms of Service. This means that the headings to clauses are ignored when determining the legal effect of these Terms of Service.
9.3 Unless the context requires otherwise, the gender (or lack of gender) of all words used in these Terms of Service includes the masculine, feminine, and neuter and singular includes plural or vice versa.
9.4 Any disputes and claims arising under or in connection with these Terms of Service or your use of the Services, including disputes relating to the existence, invalidity or enforceability of these Terms of Services shall be finally settled by the appropriate courts of the Czech Republic in compliance with its laws.
10. FINAL PROVISIONS
10.1 These Terms of Service constitute the entire terms and conditions between the Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator, or by the posting by the Operator of a revised version.
10.2 If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. These Terms of Service will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of these Terms of Service, and the remaining provisions of these Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms of Service. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of these Terms of Service, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
10.3 The Operator reserves its right, at any time for any reason, without prior notification or consent of any third party, to terminate to carry out the Services or any of its part. The Operator shall not become liable for such termination. The Operator has right to preserve the Content submitted by you. The Operator does not guarantee access to the Content submitted by you following the termination.
10.4 Personal data either provided or acquired by or in connection with the Services shall be used only in compliance with the Privacy Policy.
10.5 The Operator may also, in the future, offer new services and/or features (including, without limitation, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.
10.6 If you believe that you are entitled or obligated to act contrary to these Terms of Service or under any mandatory law of the Czech Republic or your country, you agree to provide the Operator with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to these Terms of Service, to allow the Operator to assess whether it may, at its sole discretion, provide an alternative remedy for the situation, though the Operator is under no obligation to do so.
10.7 The Services may be partly or in its entirety transferred to any third party under conditions determined by the Operator. In such a case, any and all rights and duties relating to the Services, unless the circumstances indicate otherwise, are transferred to such third party.
10.8 Any feedback, comments, or suggestions you may provide regarding the Services, is entirely voluntary and the Operator is free to use such feedback, comments or suggestions as it sees fit and without any obligation to you including, without limitation, compensation paid therefor.
10.9 You may not assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms and conditions without prior written permission of the Operator; the Operator may assign its rights under these Terms of Service without any limitation.
Effective: August 30, 2022
1. TERMS AND DEFINITIONS
1.1 In these Terms of Service, the following terms shall have the following meanings:
1.1.1 "Account" shall mean an account provided by the Services.
1.1.2 "Changes" shall mean any modification, amendment or replacement.
1.1.3 "Content" shall mean any information, text, graphics, photos or other material.
1.1.4 "Operator" shall mean Glueo, s.r.o., a limited liability company incorporated under the laws of the Czech Republic, with its registered office at Rybná 716/24, Staré Město, Prague 1, Postal Code 110 00, identification No. 27916626, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 126330; or any of its legal successors.
1.1.5 "Privacy Policy" shall mean terms and conditions regulating protection of your privacy available at https://www.htmlinstant.com/privacy/.
1.1.6 "Services" shall mean the features and services, now existing or later developed, that the Operator makes available, including through (i) our websites under the toggletext.com domain and it’s sub-domains; and (ii) other media and software (such as a phone application or a graphic editor plug-in).
1.1.7 "Terms of Service" shall mean these Terms of Service available at https://www.htmlinstant.com/terms/ and specific terms and conditions supplementing or amending these Terms of Service including, without limitation, the Privacy Policy.
1.1.8 "User" shall mean any company, organization or individual using the Services.
2. INTRODUCTORY PROVISIONS
2.1 The following Terms of Service regulate your access to the Services and your use of it. By accessing or using any part of the Services, you agree to become bound by these Terms of Service. The Operator reserves the right, at its sole discretion, to modify, amend or replace any part of these Terms of Service. It is your responsibility to check these Terms of Service at any time you access the Services. Your access to the Services following the Changes of any part of these Terms of Service constitutes acceptance of the Changes.
2.2 The Services are owned and operated by the Operator.
2.3 To access the Services you must be over the age of thirteen (13) years.
2.4 If you do not agree to these Terms of Service in their entirety or you do not fulfil requirements to access the Services stipulated by these Terms of Service or by the laws of your country then you may not access the Services or use any Services thereof.
3. LIMITATION OF LIABILITY
3.1 The Content of the Services, except for these Terms of Service, is not binding.
3.2 Your use of any Content of the Services is entirely at your own risk, for which the Operator shall not hold any liability. You are responsible for taking precautions as necessary to protect yourself and your computer system.
3.3 The Operator does hereby limit its liability with respect to the Services to the fullest extent permitted by the laws of the Czech Republic. The Operator shall not in any event be liable for any damage incurred to any person with respect to any using of the Services, in particular, without limitation, (i) any special, incidental or consequential damage; (ii) any costs of procurement for substitute products or services; (iii) any damage incurred by interruption of use or loss or corruption of data; (iv) any damage incurred by poor accessibility to the Services; (v) any damage incurred by hateful, threatening, pornographic content or content inciting violence, containing nudity or otherwise inappropriate; (vi) any damage incurred to or sustained by any person arising out of or in connection with any acts consisting in misusing the Services, including, without limitation, unauthorized access, use or alteration of data; (vii) any damage incurred by inaccuracies or errors of the Services; and (viii) any damage incurred by propagation carried out through the Services and the Content of websites of any person which are accessible through the Services.
4. YOUR OBLIGATIONS
4.1 Prior to using the Services, you are under the following obligations:
4.1.1 you shall do your best efforts to abide these Terms of Service interpreted in a way that a reasonable person does;
4.1.2 you shall observe, follow and not infringe the respective laws of the Czech Republic and the laws of your country, especially, without limitation, intellectual property rights;
4.1.3 you shall take your own responsibility and hold your own liability for anything that you do with respect to the Services;
4.1.4 you shall not use the Services to do anything unlawful, misleading, malicious, or discriminatory;
4.1.5 you are responsible and therefore hold liability for the Content you submit through the Services, and for any consequences thereof, including, without limitation, the use of the Content you submit by any third party. The Content you submit shall not, without limitation, (i) be hateful, threatening, pornographic, inciting violence, containing nudity, or otherwise inappropriate;(ii) contain any material for which you have not obtained all necessary licences or approvals, unless otherwise indicated herein; (iii) contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (v) contain unethical or unwanted commercial content (such as spam), or (vi) lead to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
4.1.6 you shall not bully, intimidate, or harass any person;
4.1.7 you shall not post anyone's identification documents or sensitive information through the Services;
4.1.8 you shall not engage in unlawful multi-level marketing, such as a pyramid scheme through the Services;
4.1.9 you shall not develop or operate a third party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions;
4.1.10 you shall not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial-of-service attack;
4.1.11 you shall not use information in a manner that misleads your readers into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or a company other than you are entitled to represent or through which you are entitled to act;
4.1.12 you shall indemnify the Operator and hold it harmless for any damage, losses and costs (including, without limitation, reasonable attorneys' fees and costs) caused by your failure to comply with these Terms of Service, including, without limitation, your submission of the Content that violates third party rights or applicable laws; or any activity in which you engage on or through this the Services.
4.2 The list of your obligations is only exemplary. It shall not be in any case construed as definitive. Upon the extent provided in these Terms of Service, you have other obligations specified by the laws of the Czech Republic which are not contrary to the obligations provided in these Terms of Service.
5. RIGHTS OF THE OPERATOR
5.1 The Operator has the following rights to be exercised at any time, without notification, and with immediate effect:
5.1.1 to stop (permanently or temporarily) providing the Services (or any features within the Services) to you, or other Users;
5.1.2 to temporarily or permanently disable your Account; to remove, delete, alter, amend or adjust the Content either submitted by you or other Users or the Operator himself;
5.1.3 to remove or reclaim a username;
5.1.4 to retain the right to create limits on the use and storage of the Services;
5.1.5 to amend any URL address or any domain name used in the Services; and
5.1.6 to monitor the Content for security purposes, including any posts and messages sent between the Users through the Services.
5.2 The list of the Operator's rights is only exemplary. It shall not be in any case construed as definitive. Upon the extent provided in these Terms of Service, the Operator has other rights specified by the laws of the Czech which are not contrary to the rights of the Operator provided in these Terms of Service.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All right, title and interest in and to the Services (excluding the Content provided by the Users) are and will remain the exclusive property of the Operator and its licensors.
6.2 Nothing in these Terms of Service gives you a right to use the Operator's business name or any of the Operator's trademarks, logos, domain names, and its other distinctive brand features without prior written permission of the Operator.
6.3 You are also advised that the Operator will enforce their intellectual property rights to the fullest extent permitted by the laws, including the seeking of criminal prosecution.
7. YOUR ACCOUNT
7.1 The Services enable you to create an Account through which you may submit the Content. You undertake not to provide false Account information through the Services, or create an Account for anyone other than yourself without his or her permission or for any legal entity that you are not allowed to represent.
7.2 You shall keep your contact information accurate and up-to-date.
7.3 You are solely responsible for the activity that occurs on your Account, you must keep your Account password secure and you shall not do anything that might jeopardize the security of your Account. You may never use another's Account without permission. Please note that the Content you post and share may be seen and used by other Users, and the Operator cannot guarantee that other Users will not use the ideas and information that you submit through the Services. Therefore, if you have the Content that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by your submitting it, do not submit it through the Services. The Operator is not responsible for any misuse or misappropriation of any Content you submit to through the Services.
8. NOTICES
8.1 For any communication with the Operator, you may use the following address:
Glueo, s.r.o.
Rybná 716/24, Staré Město
Prague 1
Postal Code 110 00
Czech Republic.
9. GOVERNING LAW, INTERPRETATION, DISPUTE RESOLUTION
9.1 These Terms of Service shall be governed by and construed in compliance with the laws of the Czech Republic.
9.2 Headings to clauses in these Terms of Service are for ease of reference only and do not affect the interpretation of these Terms of Service. This means that the headings to clauses are ignored when determining the legal effect of these Terms of Service.
9.3 Unless the context requires otherwise, the gender (or lack of gender) of all words used in these Terms of Service includes the masculine, feminine, and neuter and singular includes plural or vice versa.
9.4 Any disputes and claims arising under or in connection with these Terms of Service or your use of the Services, including disputes relating to the existence, invalidity or enforceability of these Terms of Services shall be finally settled by the appropriate courts of the Czech Republic in compliance with its laws.
10. FINAL PROVISIONS
10.1 These Terms of Service constitute the entire terms and conditions between the Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator, or by the posting by the Operator of a revised version.
10.2 If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. These Terms of Service will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of these Terms of Service, and the remaining provisions of these Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms of Service. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of these Terms of Service, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
10.3 The Operator reserves its right, at any time for any reason, without prior notification or consent of any third party, to terminate to carry out the Services or any of its part. The Operator shall not become liable for such termination. The Operator has right to preserve the Content submitted by you. The Operator does not guarantee access to the Content submitted by you following the termination.
10.4 Personal data either provided or acquired by or in connection with the Services shall be used only in compliance with the Privacy Policy.
10.5 The Operator may also, in the future, offer new services and/or features (including, without limitation, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.
10.6 If you believe that you are entitled or obligated to act contrary to these Terms of Service or under any mandatory law of the Czech Republic or your country, you agree to provide the Operator with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to these Terms of Service, to allow the Operator to assess whether it may, at its sole discretion, provide an alternative remedy for the situation, though the Operator is under no obligation to do so.
10.7 The Services may be partly or in its entirety transferred to any third party under conditions determined by the Operator. In such a case, any and all rights and duties relating to the Services, unless the circumstances indicate otherwise, are transferred to such third party.
10.8 Any feedback, comments, or suggestions you may provide regarding the Services, is entirely voluntary and the Operator is free to use such feedback, comments or suggestions as it sees fit and without any obligation to you including, without limitation, compensation paid therefor.
10.9 You may not assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms and conditions without prior written permission of the Operator; the Operator may assign its rights under these Terms of Service without any limitation.
Effective: August 30, 2022