TooTallToby Platform End User License Agreement (EULA)

END USER LICENSE AGREEMENT

This End-User License Agreement ( EULA ) is a legal agreement between you, as an individual or entity, (the User ) and Too Tall Toby ( TTT ), incorporated as Too Tall Toby with the Pennsylvania Dept of State. By using the tootalltoby.com website, affiliated websites, email services, data processing tools or services, and/or applications for Android, iOS, or other mobile platform, as applicable (collectively or individually referred to as The Platform ), you agree to be bound by the terms of this EULA. The Platform is provided to you under this EULA solely for your private, non-commercial use.

Acceptance
Please read this EULA carefully before registering for a User account on The Platform. It provides a license to use The Platform and contains liability disclaimers.

Registration for a User account on The Platform requires acceptance of, and agreement to be bound by, the terms of this EULA. Usage of a registered User account on The Platform implies acceptance of, and agreement to be bound by, the terms of this EULA.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms and conditions of this EULA. If you do not have such authority or if you don t agree with the terms and conditions of this EULA agreement, do not register for, or use a User account on The Platform.

Modification of the EULA
TTT reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If TTT materially modifies this EULA it will make reasonable efforts to notify Users of the change. For example, we may send a message to the email address that was used to register the User account on The Platform, or generate a pop-up or similar notification when you access The Platform for the first time after such material changes are made. By continuing to use The Platform after TTT has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to the User, the User’s only recourse is to discontinue the use of The Platform, and if appropriate, uninstall any elements of The Platform on any of the User’s devices.

Notifications
The User agrees that TTT may, from time-to-time, send essential messages via email for the purpose of operating The Platform, to the email address that was used to register the User account on The Platform. User revocation of this, will result in the User account being suspended. Should the User wish to revoke this, the User will notify TTT by sending a message to [email protected] stating, "I no longer wish to receive essential emails from Too Tall Toby" and include their Platform username in the email. TTT will process the request within 3 business days, resulting in revocation of the User's access to The Platform.

The User agrees that TTT may, from time-to-time, send non-essential messages via email for the purpose of notifying the User about upcoming events, new features, etc..., or for marketing activities, to the email address that was used to register the User account on The Platform. Should the User wish to revoke this, the User will notify TTT by sending a message to [email protected] stating, "I no longer wish to receive non-essential emails from Too Tall Toby" and include their Platform username in the email. TTT will process the request within 3 business days.

License
Too Tall Toby herby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable, revokable personal license to access and use The Platform as follows:

        Use of The Platform is for entertainment purposes only;

        TTT reserves the right to modify the data, content, functionality, availability and/or access to any or all of The Platform, at TTT s sole discretion, without notice, without claim of loss by any party;

        The Platform may contain features which rely on publicly accessible blockchain networks. The User acknowledges that such networks are inherently visible to any party, and are not controlled or maintained by TTT. TTT may provide User access to such blockchain networks utilizing the blockchain s cryptographic protocols. A User may be assigned a publicly accessible blockchain address (referred to as a Wallet ) to which TTT manages the keys to enable transactions to/from the Wallet. TTT DOES NOT AGREE to protect the User against loss of access to such keys, and by extension, loss of access to transact the contents of the Wallet. TTT DOES NOT AGREE to provide the User with a means to regain access to or recover such keys, and by extension, the ability to transact the contents of the Wallet.

        To facilitate use of the Wallet within The Platform, TTT utilizes tools and cryptographic assets to manipulate the contents of the Wallet. ALL SUCH TOOLS AND ASSETS REMAIN THE SOLE PROPERTY OF TTT. TTT has a proprietary native token ( TTTCA$H or as otherwise branded) which has no commercial value, and is not a security or financial instrument. TTT has proprietary Non-Fungible Tokens ( NFTs ), which have no commercial value, and are not securities or financial instruments. TTTCA$H and NFTs are to be used on The Platform for entertainment purposes only. The User agrees that the contents of the Wallet assigned to them, and the means to access and transact such contents, belong to TTT. The User further agrees that TTT, at its sole discretion, without notice, may modify, destroy or otherwise process the contents of Wallet assigned to the User. The User further agrees that TTT, at its sole discretion, without notice, may temporarily or permanently revoke a User s access to the Wallet assigned to them and its contents;

        The User may be exposed to content provided by TTT, its affiliates or other Users, as well as conduct by such parties, on The Platform. As such:

o   The User agrees that they have no right to not be offended by such exposure, and the User agrees that should they take offense by any content or conduct on The Platform, they will hold TTT and its affiliates harmless for such offense, and will cease using The Platform.

o   The User agrees to be respectful of the opinions of others Users of The Platform.

        The User may post content ( Materials ) to The Platform. In doing so:

o   The User attests that they hold appropriate rights to utilize the Materials, including the ability to grant to TTT and its affiliates the license as outlined below:

  The User grants an unlimited, irrevocable, worldwide, perpetual, transferrable license to TTT and its affiliates to use such contents for any purpose including license to reproduce, copy, modify, distribute, reuse and to make derivative works of the Materials.

o   The User agrees to be respectful of the opinions of others Users of The Platform.

o   The User agrees to use good judgement in what and how they post Materials on The Platform, to foster a positive, inclusive, sense of community on The Platform.

o   A USER SHOULD NOT POST MATERIALS TO THE PLATFORM IF THEY ARE UNABLE TO AGREE TO THIS SECTION OF THE EULA.

        The User agrees that TTT, at its sole discretion, without notice, may temporarily or permanently ban, mute or otherwise revoke a User s access to The Platform.

        TTT EXPRESSLY DENIES RESPONSIBILITY FOR THE ACCURACY, USABILITY OR FITNESS FOR ANY PURPOSE OF CONTENT ON THE PLATFORM.

        TTT EXPRESSLY DENIES THAT ANY TOOL, CAPABILITY, FUNCTIONALITY OR DATA STORAGE METHOD OF THE PLATFORM IS FIT FOR ANY PURPOSE.

Title
Title, ownership, and all rights (including without limitation, intellectual property rights) in and to The Platform shall remain with TTT, or their respective owners. Except for those rights granted in this EULA, no other rights are granted, whether expressed or implied.

Restrictions on Use
You may not decompile, reverse-engineer , disassemble, or otherwise attempt to derive the source code for The Platform.

You may not use the database portion of The Platform, or its contents, outside of The Platform, and you may not attempt to connect to the database or The Platform except via a properly registered User account.

Restrictions on Alteration
You may not modify The Platform or create any derivative work of The Platform, in whole or in part, or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of The Platform. You may not reproduce the database portion or its contents, or create any tables or reports relating to the database portion or its contents.

Restrictions on Copying
You may not copy any part of The Platform.

Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING, TTT MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. TTT makes no warranty that The Platform will meet your requirements or operate under your specific conditions of use. TTT makes no warranty that operations of The Platform will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE PLATFORM SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PLATFORM TO MEET YOUR REQUIREMENTS. TTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL TTT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE PLATFORM , WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF TTT OR ANY OTHER PARTY, EVEN IF TTT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS TTT S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Right to Terminate or Modify The Platform
TTT may modify The Platform and this EULA without notice. You may cease use of The Platform at any time. Discontinuation of use of The Platform by a User does not release the User from their responsibilities under this EULA. TTT may terminate the EULA at any time, with or without notice.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Pennsylvania, without regard to the User s conflict or choice of law provisions.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any expressed or implied restrictions are not permitted by applicable laws, these expressed or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

 

Too Tall Toby EULA V1.01 November 1^st 2023