Content Policies

These Content Policies (“Content Policies”) set forth your use of content on the Carl and Caroline, Inc. | ToutTools.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“user”, “you” or “your”) and Carl and Caroline, Inc. | ToutTools.com, (“we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you disagree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Content Policies. You acknowledge that this Agreement is a contract between you and Carl and Caroline, Inc. | ToutTools.com, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. These Content Policies (“Content Policies”) are hereby incorporated into and part of the Terms & Conditions a legally binding contract governing your use of the Website and Services.

When posting Content and otherwise using the Services, you must comply with these Content Policies and applicable law: You are responsible for your use of the Services and your Content. You expressly agree to comply with these Content Policies, its incorporated policies, and all applicable laws. You should only provide Content that you are comfortable sharing with others. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content.

System Abuse

You may not access the Services in any way other than through the currently available, published interfaces that we provide. Any person in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

Use or distribution of tools designed for compromising the security of the Website and Services.
Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
Distributing malware or other malicious code.
To Intentionally or negligently upload or transmit files, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; and/or
To interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

Prohibited Posting or Use

You SHALL NOT use the Website and Services to publish content or engage in activity that is illegal under applicable law, which is harmful to others, or that would subject us to liability to include, but not limited to:

Any unlawful purpose;
Soliciting others to perform or participate in any unlawful acts;
Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
Infringing upon or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right, but no obligation, to moderate, disable or remove any content to prevent harm to others or to us or the Website and Services, as determined in our sole and absolute discretion).
Submit false or misleading information of any type, to include, but not limited to misrepresenting or fraudulently representing products or services;
Disclosing sensitive personal information about others;
To spam, phish, pharm, pretext, spider, crawl, or scrape;
For any obscene or immoral purpose to include, but not limited to distributing pornography or adult related content, promoting or facilitating prostitution or any escort services, or hosting, distributing, or linking to child pornography or content that is harmful to minors;
Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition;
Engaging in the unlawful distribution of controlled substances, drug contraband, or prescription medications;
Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities;
Facilitating pyramid schemes or other models intended to seek payments from individuals;
Threatening harm to persons or property or otherwise engage in harassing behavior;
Manual or automatic credit card or other available payment methods testing using bots or scripts; and/or
Facilitating, aiding, or encouraging any of the above activities through the Website and Services.

We provide the Services on an “AS IS” and “AS AVAILABLE” basis, and we disclaim all warranties, responsibility, and liability to you or others to the extent permitted by law. You may be exposed to offensive or harmful content posted by other users. The Services may change from time to time, and we may limit or terminate availability of the Services or particular features to you or other users at any time. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

You have the right to terminate this agreement at any time by deactivating your account and discontinuing use of the Services. Note that we will not be liable for damages and you agree to hold us harmless as described in the Terms and Conditions and Disclaimer pages.

You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues, or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).
Engaging in any other activities that degrade the usability and performance of the Website and Services.

You may not use the Website and Services to send spam or bulk unsolicited messages. We maintain a zero-tolerance policy for use of the Website and Services in any manner associated with the transmission, distribution, or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Your products or services advertised via SPAM (i.e., Spamvertised) may not be used in conjunction with the Website and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups. Sending emails through the Website and Services to purchased email lists (“safe lists”) will be treated as SPAM. We may terminate the Service of any User who sends out SPAM with or without notice.

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). Copyrighted material must not be published via the Website and Services without the explicit permission of the copyright owner, or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we may, at our discretion, run an investigation and, upon confirmation, may remove the infringing material from the Website and Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary post any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material. We will assume no liability to any User of the Website and Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Website and Services, please get in touch with us to report copyright infringement or read the information at the Digital Millennium Copyright Act (DMCA) page.

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

Conversely, we provide you with a non-exclusive, revocable license to use the software we provide as part of the Services solely for the purpose of enabling you to use and enjoy the benefit of the Website and Services.

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the confidentiality of your login details, and you should change your password periodically. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt out from receiving them. If you added your phone number (or other contact information) to your account and you later change or deactivate that phone number / contact information, you must update your account information to help prevent us from communicating with anyone who acquires your old number / contact information.

Carl and Caroline, Inc. | ToutTools.com reserves the right to take enforcement actions against you if you do violate these terms, such as, for example, removing your content, limiting visibility, discontinuing your access to the Website, or taking legal action. We may also suspend or terminate your account for other reasons, such as prolonged inactivity, risk of legal exposure, or commercial inviability. We reserve our right to be the sole and absolute arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
Reporting violations to law enforcement as determined by us in our sole discretion.
A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.
Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Please also note that these Content Policies incorporate our Terms and Conditions, Privacy Policy, Disclaimers as well as other terms found on the Legal Policies page that are applicable to your use of the Services and Website.

We reserve the right to modify this Policy, or its terms, related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Policy will be effective immediately upon the posting of the revised policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:

ToutTools.com/contact

Carl and Caroline, Inc.

418 Broadway #6898

Albany, NY 12207

This document was last updated on January 6, 2025.