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Terms of Service Privacy Policy Acceptable Use Policy DMCA/IP Policy

Terms of Service

Posted & Effective: May 14th, 2019

Scope and Modifications

Thank you for choosing Catbox! These Terms of Service ("Terms") cover your use and access to our services, extensions, and websites ("Services"). Our Privacy Policy explains how and what information we collect, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you're using our Services for an organization, you are agreeing to these Terms on behalf of that organization. If you don't like these Terms, or don't wish you be bound, you cannot use our Services.

We may revise these Terms at any time, for any reason, by providing at least 30 days prior notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed Terms.

Your Content & Permissions

When using our Services, you provide us with things like files, content, videos, etc ("Your Content"). Your Content is yours. These Terms give us limited rights that enable us to offer our Services.

We need your permission to do things like hosting Your Content, backing it up, and sharing it. Our Services also provide you with features like photo thumbnails, album creation, and searching. These and other features may require our systems to access, store, and scan Your Content. By agreeing to these Terms, you agree to give us permission to do those things, and this permission extends to trusted third parties we work with. We reserve the right to disclose data and other information as required by law or any competent authority. This is detailed in our Privacy Policy and DMCA/IP Policy, both of which are subject to these Terms.

Our Services may automatically (without us viewing the file content) delete a file you upload where it determines that the file is an exact duplicate of a file already on our service (a process usually referred to as deduplication). In that case, the original file will be accessed by you and any other user and that file will be retained as long as any user has a right to access it under these Terms. Any right of deletion that you exercise will not apply to a deduplicated file that is associated with another user. Our Services may also automatically delete a file you upload where it determines that file may contain malicious content (malware, virus, spyware, etc).

You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our Services. You grant us a worldwide, royalty-free licence to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, your data, solely for the purposes of enabling you and those you give access to, to use our Services and for any other purpose related to provision of our Services to you and them.

You must maintain copies of Your Content stored by you on our Services. We do not make any guarantees that there will be no loss of data or the Services will be bug free. You should download all data prior to termination of Services.

Your Responsibilities

You are responsible for your conduct on our Services. Your Content and you must comply with our Acceptable Use Policy. Content may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. However, we have no obligation to do so. We are not responsible for the content people post and share via our Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations. If you reside in the United States, you must be 13 years of age or older to use our services. If you reside in the European Union, you must be at least 16 or older. Please check your local law for the age of digital consent. If you don't meet these age requirements, you may not use our Services.

What you're not allowed to do

You may not, and will ensure that all users of your account will not:

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services with notice to you if you are in breach of these Terms, or your use of our Services are in a manner that would cause a real risk of harm or loss to us or others. We may also terminate or suspend our Services or any part of our Services, for any users, without notice, at any time, for any reason or no reason.

We will provide you with reasonable advance notice via the email address associated with your account (if possible) to attempt to resolve the situation that prompted termination. We will give you reasonable opportunity to export Your Content from our Services. If after such notice, we are unable to resolve the situation, or you fail to take the steps we ask of you, we will terminate or suspend your access to our Services.

We reserve the right not to provide notice before termination where: you are in flagrant breach of these Terms, doing so would cause us legal liability, or because we are prohibited from doing so by law.

Discontinuation of Service

We may, at any point in time, decide to discontinue our Services in response to circumstances unforeseen beyond our control, or to comply with a legal requirement. In the event we are required to do so, and if we are legally and physically capable, we will give you reasonable prior notice, so you may retrieve Your Content from our Services.

Commercial Use

Catbox will not engage in commercial use with third party organizations without prior approval. Commercial use includes using Catbox in your organization or project that generates a revenue from any merchandise or services sales. Any commercial use of Catbox without prior approval is in violation of these Terms, and will be subject to Termination. Commercial Use of Catbox is only allowed with written, express permission from Catbox Executives, and will be subject to additional Terms.

Force Majeure

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.

"As-is" Service

We try to make Catbox and our Services the best. That said, there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CATBOX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES. OUR SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so this may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AND AGENTS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE OR OUR API, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE OR OUR API, OR OUR SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE.

YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE Terms OR ANY POLICY REFERENCED IN THESE Terms.

IF YOU ARE NOT SATISFIED WITH OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US. THIS SECTION DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE Terms OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US, IF YOU HAVE PAID SUBSCRIPTION.

Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916-445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Resolving Disputes

Any legal questions/complaints/claims regarding this Agreement are under California law and jurisdiction. That said, let's try to work things out first. We would like to address your concerns without a formal legal proceeding. Before filing a claim against Catbox, you agree to try to resolve the dispute informally by contacting admin@catbox.moe. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Catbox may bring a formal proceeding.

To the extent not covered by the Arbitration language below, you and us agree that your use of the our Services, and this Agreement, and any issues arising out of them, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against Catbox, to the extent not covered by Arbitration language below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue.

Arbitration

You and Catbox agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and us or your use of our Services and products. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.

What is arbitration? "Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules. By choosing arbitration you and we are giving up the right to have any dispute between us heard in court before a judge and/or jury. You and Catbox agree that any claim arising out of or related to our Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account or our Services.

How to start Arbitration: If either you or Catbox wish to initiate Arbitration, then they will have to send the other side written notice setting out the basis of the claim, and what remedy the commencing side wants from the other side. A printed version of these Terms and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail and by email.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, if applicable. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to.

If you seek US$10,000 or less, Catbox agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney's fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Catbox agrees not to seek its legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US$10,000 then the arbitration costs, including arbitrator compensation, will be split between you and Catbox according to the AAA Commercial Arbitration Rules and the AAA's Supplementary Procedures for Consumer Related Disputes, if applicable.

These arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.

This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

If you live in the USA or the rest of the world (but not the European Union), you and Catbox agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los Angeles, California to resolve your claim. If this specific paragraph is found illegal or unenforceable, then the entirety of this "Arbitration" section will be deemed void. Any claim or dispute will therefore be resolved in court.

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local law of the consumer's country. This paragraph does not override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Catbox with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or Terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. No agreement, arrangement or understanding alleged to be made between us, or representation alleged to be made, by us or on our behalf, to you, if inconsistent with these Terms, shall be valid unless agreed to in writing by the CEO of Catbox.

Severability

Catbox's failure to enforce a provision is not a waiver of it's right to do so at a later time. If a provision in these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Catbox may assign its rights to any successor in interest of any business associated with our Services.

If, for any reason, you are unable to read the above policies as given, you may access them in text form at this link.